Can I appeal a denial of ARD?

Who Decides ARD Eligibility in Pennsylvania?

In Pennsylvania, it’s not the judge—but the district attorney (DA)—who decides whether a person is approved for Accelerated Rehabilitative Disposition (ARD). To be considered for the program, a defendant must submit a formal ARD application or request to the county prosecutor. If the DA approves, the person is admitted into ARD with the judge’s sign-off. But what happens if the prosecutor denies the request for ARD?

Can You Appeal an ARD Denial?

Many people assume that a judge has the final say in all matters, but when it comes to ARD eligibility, that’s not the case. Under Pennsylvania law, the district attorney has near-complete discretion over ARD decisions.

In the landmark case of Commonwealth v. Lutz, 495 A.2d 928 (Pa. 1985), the Pennsylvania Supreme Court made it clear:

“The decision to submit the case for ARD rests in the sound discretion of the district attorney, and absent an abuse of that discretion involving some criteria for admission to ARD wholly, patently and without doubt unrelated to the protection of society and/or the likelihood of a person’s success in rehabilitation… the attorney for the Commonwealth must be free to submit a case or not submit it for ARD.”

In plain terms:
➡️ A judge will not overrule a DA’s decision to deny ARD unless the decisions was based on illegal discrimination such as race, religion, gender, or sexual orientation. This means that most ARD denials cannot be reversed by the court, even if the defense disagrees with the prosecutor’s reasoning.

ARD Reconsideration Requests: A Second Chance

Although you can’t appeal an ARD denial to a judge, you can request reconsideration by the district attorney. A strong ARD reconsideration package may include:

The goal is to show that the client is not defined by the charges, has positive attributes, and is a good candidate for rehabilitation through ARD.

How a Criminal Defense Attorney Can Help

An experienced ARD lawyer knows how to prepare a compelling mitigation package and understands what factors local prosecutors value most. This can significantly improve the chances of getting an ARD denial reversed.

That said, even the strongest reconsideration request may not change the prosecutor’s mind—especially in serious or high-profile cases. If ARD is ultimately denied, your options are to negotiate a favorable plea agreement or take the case to trial.

Charged With a Crime and Denied ARD? Contact JD Law Today

If you’ve been denied ARD or are seeking admission into ARD for a criminal charge in Pennsylvania, don’t leave your future to chance. State College criminal defense attorney Jason S. Dunkle has years of experience negotiating ARD approvals and preparing successful reconsideration packages for clients facing DUI, drug, theft, and other non-violent charges.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.