What happens if I violate ARD conditions or fail to complete requirements?
Failure to Complete Requirements
Successful completion of ARD allows a person to have charges dismissed and then go through the expungement process to have the case removed from the government records, but the person must comply with ARD rules and complete requirements in order to successfully complete the ARD program. People often violate ARD by getting into trouble again and having new criminal charges. Other people fail to complete ARD requirements by the deadlines. In either situation, a violation of ARD rules or a failure to complete requirements can cause the district attorney to file ARD revocation paperwork with the court to have the person removed from ARD. If the person is removed, the district attorney would then resume prosecution of the charges, and the person could end up with a criminal record.
In some of those situations, ARD may be saved. If a person has not completed all ARD requirements, an extension of time can be requested. In some counties, probation officers supervising the ARD program are permitted to give ARD extensions and there give a person additional time in which to complete the ARD requirements. In other counties, the extension decision is made by the judge. If a person has completed most of the ARD requirements, an extension is more likely to be granted. However, if the person has done very little or nothing to complete or even start the requirements, a judge or probation officer is more likely to deny an extension request. If a person is facing ARD removal because of new charges, the person needs to retain an experienced lawyer to provide representation in the new case. If the new case can be dismissed or the severity of the new case is reduced, it increases the likelihood that ARD can be saved.
Case Review by Experienced ARD Attorney
The attorneys at JD Law have successfully sought ARD extensions for clients and been able to keep clients on ARD that have been charged with criminal offenses. Preserving ARD is NOT possible in every case. Resolutions and outcomes often depend upon the precise facts and circumstances of each individual case, meaning every case is slightly different. Just because ARD was saved in one case does NOT mean that ARD can be preserved in every case. If you or a loved one are facing removal from ARD because of a new criminal charge or because of a failure to complete ARD requirements, you should contact a criminal defense attorney that has experience in handling cases in the county in which the charges were filed. To speak with an experienced State College criminal defense lawyer, call (814) 954-7622 or via email.