The ARD Program (Accelerated Rehabilitative Disposition) is a pre-trial diversionary program administered by the District Attorney’s Office. After the preliminary hearing a defendant may file an application in the District Attorney’s Office. The filing deadline is within 30 days of the arraignment date set by the Magisterial District Justice (MDJ). Applications may be obtained at the MDJ Office or in the District Attorney’s Office. An application may be filed with or without counsel. Ineligible offenses are listed below. Applications that are accepted/approved for ARD are notified of their acceptance and ARD Placement Hearing date in one mailing. In addition to standard probation conditions other appropriate ones may be ordered such as drug and alcohol counseling, anger management or restitution.

Should a defendant violate the terms of the ARD Court Order, a violation report is filed by probation and a hearing is scheduled where the judge may remove the defendant from ARD, or choose to extend probation.

Many ARD applications are denied because applicants do not answer the question regarding violations of the law accurately. If you have any doubts as to whether something should be included in your answer, include it. Prior contact with the criminal justice system does not necessarily result in your being denied admission. However, providing false, misleading, or incomplete information will. Also, should you have contact with law enforcement, after you have filed the application and before the court hearing admitting you to the program, that contact must be reported in writing to the ARD office within 72 hours after the contact.

ARD APPLICATION ELIGIBILITY
Modification Date: 11/1/11

DUI OFFENSES

The District Attorney will not accept an ARD application for a DUI offense if the following mandatory exclusions as per Title 75 Pa.C.S.A. Section 3807 apply:

1. The defendant has been found guilty of or accepted ARD of a charge brought under section 3802 within ten years of the date of the current offense, unless the charge was for an ungraded misdemeanor under section 3802 (a) (2) and was the defendant’s first offense under section 3802.
2. An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident.
3. There was a passenger under 14 years of age in the motor vehicle the defendant was operating.

NON-DUI /ARD APPLICATION ELIGIBILITY

The District Attorney will not accept an application for the following offenses:

1. Criminal Homicide
2. Homicide by Vehicle
3. Robbery F1,2 (F3 ok to apply)
4. Burglary F1 (F2 ok to apply)
5. Aggravated Assault
6. Rape
7. Statutory Sexual Assault
8. Sexual Assault
9. Institutional Sexual Assault
10. Indecent Assault section 3126(a)(7)
11. Aggravated Indecent Assault
12. Involuntary Deviate Sexual Intercourse
13. Obscene and Other Sexual Materials and Performances
14. Incest
15. Sexual Abuse of Children
16. Unlawful Contact with Minor
17. Sexual Exploitation Of Children
18. Arson and related offenses(Summary ok to apply)
19. Offenses involving firearms
20. Criminal Trespass F-2 (F-3 ok to apply)
21. Kidnapping
22. Delivery and /or Manufacture of drugs
23. Possession with intent to deliver drugs

The District Attorney will be considering the following point system for eligibility.
Please check the District Attorney web site for updates.
3 points keeps you off
The District Attorney reserves the right of rejection for situations deemed otherwise inappropriate-reasons will be stated on rejection notice.

Companion Charges
Suspension
    75-1543A = 1 point
    75-1543A = 2 points if prior 1543
    75-1543B = disqualifier

Driving
    75-1501 (without license) = 2 points
    75-1786 (without insurance) = 2 points
    75-3345 (passing school bus) = 2 points
    75-3367 (racing) = 3 points
    75-3736 (reckless) = 1 point

Flight
    18-5121 (escape) = 1 point
    75-3733 (fleeing or eluding) = 3 points
    75-3741 et seq. (Hit and Run)
        (unattended) = 1 point
        (attended) = 2 points
        (injury) = 3 points
        (SBI or death) = DISQUALIFIER

Other Charges
    18-5104 (Resisting Arrest) = 1 point

Opinions
Victim
    Opposed = 1 point
    No opinion = 0 points
    Recommended = -1 point

Officer
    Opposed = 1 point
    No opinion = 0 points
    Recommended = -1 point

Sr. Prosecutor
    Opposed = 1 point
    No opinion = 0 points
    Recommended = -1 point

Past or Present Charges (Note: ARDs, Rule 586's, PBJs, Stets, Juv. & pendings are counted)
    Felony is current charge = 3 points
    DUI with new or pending DUI = Disqualifier
    Same offense within 10 years = 1 point
    Two prior identical offenses within a lifetime (except where gradation increased) = 2 points
    Different misdemeanor within 10 years = 1 point
    Disqualifying felony within 10 years = Disqualifier
    Disqualifying felony over 10 years = 3 points
    Other felony within 10 years = 3 points
    Other felony over 10 years = 2 points

Event
    Serious bodily injury other than defendant = DISQUALIFIER
    Bodily injury other than defendant = 1 point
    Other(s) endangered outside of defendant’s vehicle = 1 point
    (Non Title 75) Other(s) endangered = 1 point
    Multi-vehicle (3 or more) accident containing occupants = 1 point
    Firearm in vehicle with license = 1 point
    On Probation, Parole or ARD at time of event = DISQUALIFIER

Procedure
    Missed filing deadline
        Late CRN (failure to schedule within 3 weeks of Preliminary Hearing) = 1 point
        ARD filing (failure to file within 30 days of arraignment) = 1 point
        ARD reconsideration (failure to file within 30 days of rejection) = 1 point
        Failure to list on the ARD application any offense charged other than traffic = Disqualifier
    New event after application
        Points applied as per "Past or present charges"
        Failure to timely notify DA's Office in writing within 72 hrs. of Police Involvement = Disqualifier
    Proof of involvement in counseling with licensed provider = -1 point