Can I be removed from ARD if…….?
What Happens If You Violate ARD in Pennsylvania?
Accelerated Rehabilitative Disposition (ARD) is a pretrial diversion program in Pennsylvania designed to give first-time, non-violent offenders a second chance. However, participating in ARD does not automatically result in a dismissal of charges. Instead, it provides the opportunity for a case to be dismissed and expunged upon successful completion of the program.
While enrolled in ARD, the district attorney (DA) is prohibited from prosecuting the charges. But if a participant fails to meet program requirements or violates ARD conditions, the DA can remove them from the program and resume criminal prosecution.
ARD Requirements and Conditions
Participants in ARD often have several mandatory conditions, which often include:
Supervision by the probation department
Completion of community service hours
Participation in drug or alcohol counseling, anger management, or other treatment programs
Payment of restitution, fines, and court costs
Failure to meet these requirements may result in a removal from ARD and reinstatement of the criminal charges. However, in some cases, an attorney can negotiate an extension or request leniency from the DA or probation office to allow time to complete the obligations.
ARD Violations: Drug Use, Arrests, and Traffic Offenses
Common ARD violations that put participation at risk include:
Testing positive for drugs or alcohol
Getting arrested or receiving new criminal charges
Failing to report to probation
Committing new summary offenses (e.g., underage drinking, disorderly conduct, or speeding)
Each county handles ARD violations differently. Some counties may revoke ARD for minor summary offenses, while others only revoke for misdemeanor or felony convictions. If new charges are filed, it may be possible to defend against the charges and avoid ARD removal by securing a dismissal or not guilty verdict.
Protect Your ARD Status with Experienced Legal Help
Preserving your ARD eligibility and successfully completing the program can mean a clean record, no conviction, and a path to expungement. But if you’re at risk of being removed from ARD, or you’ve been charged with a new offense while in the program, you should speak with a skilled criminal defense attorney immediately.
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.