DIVERSIONARY PROGRAMS IN PA

Diversionary programs, including ARD, are a great way to resolve a criminal case that you are unlikely to win. They are an excellent way to resolve a case that you are likely to lose because they offer certainty, an alternative to jail (even when the offense carries a mandatory minimum penalty), and offer dismissal, and then expungement of the case.

The decision to participate in a diversion program should not be made lightly. Thus, an offer to participate in a pre-trial diversion program should not cause you nor a lawyer to not question the Commonwealth’s case. Regardless of a defendant’s options, a criminal defense lawyer must scrutinize the case to evaluate whether evidence should be suppressed and whether the Commonwealth can prove their case beyond a reasonable doubt at trial. As noted below, pre-trial diversion programs require participants to complete a term of probation. When a person is under probation supervision, many of their fundamental and important rights are restricted. In other words, even if a diversion program is offered, you need to know what you are getting into and if you can beat the case. In short, buyer beware.

What is ARD?

ARD stands for an Accelerated Rehabilitative Disposition. It is a pre-trial diversion program that the District Attorney controls and may offer to resolve a low-level non-violent offense. ARD is not a guilty plea. It does not result in a criminal conviction. It is typically offered to first-time offenders; however, a person may be offered a subsequent ARD depending on the crime charges and the time between the offenses.

Should I do ARD?

Maybe. You should consider ARD if: (1) it is unlikely that you can beat the case; and (2) you think you can comply with the terms and conditions of the program.

What are the benefits of ARD?

ARD provides certainty because it will result in dismissal of the charges if you successfully complete the program. Once the case is dismissed, it is eligible for expungement. It also eliminates jailtime and mandatory minimum fines. For DUI cases, it dramatically reduces the period of the driver’s license suspension. It also provides supervision and treatment opportunities that can help people improve their life and stay crime free.

Am I ARD eligible?

ARD is controlled by each County’s District Attorney. The DA sets a County’s ARD policies. Therefore, the DA decides what crimes are ARD eligible within its county and the general terms of the program.

ARD is offered on a case-by-case basis. Accordingly, the DA reviews ARD applications and decides whether to accept or reject the application. If an application is approved, the DA will then set the specific terms that must be completed for the case to be dismissed.

What if my ARD application is rejected?

If ARD is denied, you can ask the DA to reconsider the application, plead guilty or proceed to trial. A judge cannot force the DA to offer a person ARD provided that the DA is not making its determination based on a person’s age, race, religion, gender, or orientation. A judge can only block or reject the DA’s motion to place a person into the ARD program. However, the legislature has limited the DA’s ability to offer ARD to certain offenses. For example, ARD may only be used in DUI cases that are first-offense violations (within ten years unless the prior was under 3802(a)(2)), did not result in death or serious bodily injury, and did not involve a passenger under age 14 (in the defendant’s vehicle).

What do I give up if I do ARD?

ARD requires a defendant to waive their trial rights and make an off the record admission to committing the offense. ARD participants must then complete a term of pre-trial probation supervision. The probationary period is typically six months or a year. The maximum period of ARD supervision is two years.

During the term of probation, the person must stay crime free, comply with and successfully complete any recommended treatment (e.g., alcohol, drug, anger management), perform community service hours, and may have to attend a victim impact panel and/or attend other court ordered education. The court will also order the person to pay any restitution and the costs of prosecution (court costs). Standard terms of probation require abstaining from alcohol and non-prescription drugs, not entering bars or restaurants that serve alcohol, and not traveling outside the county. Generally, a person cannot possess a firearm while on probation.

Why do people get revoked from ARD?

There are endless ways to violate ARD. The only way to successfully complete the program is to stay out of trouble and follow all the terms and conditions of the program.

Many people violate ARD and get revoked from the program. The most common causes of revocation are positive alcohol/drug tests, failure to communicate with probation, failure to pay costs/restitution, failure to comply with treatment, failure to complete court ordered classes, failure to submit proof of community service, and new criminal charges.

What is PWOV?

Probation without verdict (PWOV) is frequently referred to as Section 117 (35 Pa.C.S. § 780-117). It is an excellent tool to dispose of low-level drug charges that you cannot beat. Unlike ARD, it does not require the DA’s approval.

Am I eligible for PWOV?

PWID charges are not eligible for the program. A person is ineligible for PWOV if they have a prior drug conviction, previously participated in ARD, or have a juvenile adjudication for PWID or a violent offense.

What does PWOV require?

A court may place an offender who pleads no contest or guilty to a drug crime into PWOV provided the offender proves they were drug dependent at the time of the offense. To prove drug dependency, the offender must produce testimony from a physician or psychologist trained in the field of drug abuse.

PWOV requires a term of probation not longer than the maximum penalty of the offense. The supervision focuses on sobriety. ​The benefit of PWOV is that upon successful completion of the probationary term, the charges are dismissed, and the offender can have the arrest record expunged. If you are charged with a crime and feel overwhelmed or unsure of what to do, call us today at 570-371-3737. We are here to help and ready to fight.

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