Philadelphia Ard Application

10/21/2019by admin

Pa Ard Application
Delaware County Ard Application
Philadelphia Ard Application Form

Not only must ARD be requested at the earliest possible time during the course of a defendant's criminal case (within reason), but an attorney who strives for the best possible outcome will not draft a bare-bones ARD application for intended submission to the Philadelphia District Attorney's Office, but rather, will invest the necessary time.

Pennsylvania ARD Program. If you are facing a first offense DUI charge in the state Pennsylvania you may be offered an alternative to the traditional criminal court case and that is the PA ARD program. ARD stands forAccelerated Rehabilitative Disposition and it is a.
Mar 24, 2015 Provided you satisfy the appropriate eligibility criteria, you can also participate in Pennsylvania ARD with a conviction of retail theft, simple assault, or other minor offenses. Even if you are unable to participate in ARD, you may qualify for alternative diversionary programs, such as Philadelphia’s AMP (Accelerated Misdemeanor Program).
The Accelerated Rehabilitative Disposition (“ARD”) Program is supervised by the ARD Captain, who reviews criminal cases for potential admission. ARD is a unique program, approved by the Supreme Court of Pennsylvania, for first-time offenders who have no prior criminal convictions or prior ARD dispositions.
Live in Philadelphia. Overall, APPD supervises approximately 49,000 offenders and 62,000 cases on an ongoing basis. Mission Statement The mission of the Philadelphia Adult Probation and Parole Department is to protect the community by intervening in the lives of offenders. We hold them accountable by enforcing the orders of the Court.
County, upon application from the defendant, may request that the Court of Common Pleas of Chester County consider the case for the Accelerated Rehabilitative Disposition (ARD) Program. The primary purpose of the ARD Program is the prompt disposition of.
The application process for the ARD option is different in every county. We can help you successfully apply in Philadelphia County, Montgomery County, Delaware County, Chester County, and other jurisdictions. We can explain the process and help you truthfully answer application questions and complete all other required steps.

Committee Introduction to Chapter 3.

PART A. Summary Cases

300. Accelerated Rehabilitative Disposition in Summary Cases.
301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary.
302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas—Local Option.

PART B. Court Cases

310. Motion for Accelerated Rehabilitative Disposition.
311. Application Process and Notice of Motion by Attorney for the Commonwealth.
312. Hearing, Explanation of Program.
313. Hearing, Manner of Proceeding.
314. Deferring Action Upon Admission to Program Before Information.
315. Deferring Adjudication of the Charges Upon Admission to Program After Information.
316. Conditions of the Program.
317. Procedure Upon Refusal to Accept the Conditions.
318. Procedure on Charge of Violation of Conditions.
319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program.
320. Expungement Upon Successful Completion of ARD Program.

Committee Introduction to Chapter 3:

The rules set forth in this Chapter govern the procedures with regard to Accelerated Rehabilitative Disposition in court cases and in summary cases. See Committee Report, 14 Pa.B. 3593 (10/6/84) and 554-557 A.2d (Pennsylvania Reporter Series), for discussion of the history of the use of pretrial diversion programs in Pennsylvania.

Pa Ard Application

The primary purpose of this program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of charges, eliminating the need for costly and time-consuming trials or other court proceedings. These rules contemplate that ordinarily the defendants eligible for the ARD program are first offenders who lend themselves to treatment and rehabilitation rather than punishment and that the crime charged is relatively minor and does not involve a serious breach of the public trust. The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program. Because of the rehabilitative purpose of the program, and because the program permits prompt disposition of the charges, the descriptive title ‘‘accelerated rehabilitative disposition’’ was selected rather than such terms as ‘‘pre-indictment probation’’ or ‘‘deferred disposition.’’

The rules in this Chapter provide the procedural framework for the utilization of Accelerated Rehabilitative Disposition by the judges of the courts of common pleas in court cases and in summary cases, and by the minor judiciary in summary cases. These rules do not specify those classes of offenses or offenders that are eligible or ineligible for inclusion in the ARD program. In general, the district attorney has the responsibility for determining which cases will be recommended for entry into the ARD program. See Commonwealth v. Lutz, 495 A.2d 928 (Pa. 1985).

Recognizing the minor nature of summary offenses and that the various judicial districts have different administrative requirements for processing and disposing of ARD cases, the procedures in Rules 300, 301, and 302 were adopted in 1991 to provide each judicial district with the procedural mechanism to structure its own summary case ARD program, either before the minor judiciary or, when the local option is elected by the district attorney pursuant to Rule 300, in the court of common pleas. The statewide rules are intended to simplify the procedures for summary case ARD and to encourage prompt processing and disposition of cases considered for ARD.

In addition to the procedural aspects of ARD set forth in these rules, there are statutory provisions setting forth requirements related to ARD in certain specified classes of cases. See, e.g., Sections 1534, 1548, 1552, and 3731 of the Vehicle Code, 75 Pa.C.S. § § 1534, 1548, 1552, and 3731, and § 1520(a) of the Judicial Code, 42 Pa.C.S. § 1520(a).

PART A. Summary Cases

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Rule 300. Accelerated Rehabilitative Disposition in Summary Cases.

(A) Unless the district attorney has elected, pursuant to paragraph(B)(1), that ARD in summary cases proceed in the court of common pleas, ARD in summary cases shall proceed in the office of the proper issuing authority as provided in Rule 301.

(B) The district attorney, by filing a certification with the president judge, may:

(1) elect that ARD in summary cases proceed in the court of common pleas pursuant to Rule 302; and/or

(2) designate certain classes of offenses or offenders, in addition to those statutorily excluded, that shall not be considered for summary case ARD.

(C) When a certification has been filed by the district attorney pursuant to this rule, the president judge shall promulgate a local rule in substantially the following form:

RULE. SUMMARY CASE ARD.

The District Attorney of County has filed a certification pursuant to Pa.R.Crim.P. 300, and:

(1)

has elected that ARD in summary cases shall proceed in the court of common pleas pursuant to the procedures in Pa.R.Crim.P. 302; and/or

(2)

has designated the following classes of offenses and/or offenders, in addition to those which are statutorily excluded, as ineligible for summary case ARD:

(D) The president judge of each judicial district shall formulate local procedures to provide uniformity within the judicial district for ARD in summary cases before the minor judiciary under Rule 301, and in the court of common pleas under Rule 302.

(1) The locally formulated procedures shall be in writing, filed with the clerk of courts, and served upon all judges handling summary case ARD in the court of common pleas and upon all issuing authorities within the judicial district.

(2) The local procedures shall, at a minimum, establish:

(a) costs and administrative expenses taxable for summary case ARD;

(b) procedures for restitution;

(d) record checking, record keeping, and reporting requirements;

(e) procedures requiring each issuing authority to submit a monthly report on the disposition of all the cases eligible for ARD to the official designated by the president judge to compile such reports and monitor the cases; and

(f) procedures for completion or termination of the program.

Comment

Recognizing the minor nature of summary offenses, this rule provides the general, statewide procedural framework for implementing ARD in summary cases. It is intended that the president judge of each judicial district will establish procedures under paragraph (D) that are specific to summary case ARD within the judicial district consistent with this rule and with Rules 301 and 302. These procedures should encourage the prompt processing and disposition of summary cases considered for ARD.

The district attorney is responsible for designating which classes of offenses or offenders may not be considered for ARD in summary cases. This is accomplished, pursuant to paragraph (B)(2), by the district attorney’s filing a certification with the president judge. In addition, there may be classes of offenses or offenders that are statutorily excluded. See, e.g., Section 1520(a) of the Judicial Code, 42 Pa.C.S. § 1520(a), which excludes cases charging offenses under Titles 34 and 75 from being considered for or included in the summary case adjudication alternative authorized by the statute.

Paragraph (A) provides that ordinarily summary case ARD will proceed before the minor judiciary. See Rule 301 for the general procedures in such cases. As an alternative local option, Rule 300 also authorizes the district attorney to elect that ARD in summary cases be removed to the court of common pleas for processing and disposition, and paragraph (B)(1) requires that the district attorney file a certification with the president judge to implement this election. See Rule 302 for the general procedures when this local option has been elected.

When a certification is filed, the president judge must promulgate the effectuating local rule. The local rule mechanism has the advantage of notice, publication, and recordation, which are inherent in the local rule process.

The district attorney (or a successor district attorney) may withdraw the election to move summary ARD consideration to the court of common pleas, and/or change the designation of classes of offenses or offenders that are not eligible for ARD, by filing a new certification. When a new certification is filed, the president judge must rescind or modify the local rule.

The president judge in each judicial district must formulate local procedures pursuant to paragraph (D) for the actual implementation of the summary case ARD programs in the court of common pleas or before the minor judiciary within his or her judicial district, thereby providing county-wide uniformity. These locally formulated procedures may include procedures that are in addition to those required by the Rules of Criminal Procedure to take into account the special nature and the special dispositional and administrative requirements of summary cases generally and specifically within the judicial district. For example, the costs imposed on a defendant who is admitted into a summary case ARD program should not be the same as the costs imposed on a defendant for ARD in a court case, but rather should be adjusted downward and kept minimal to reflect the minor nature of the summary case. The president judge, however, must implement without change the district attorney’s elections made pursuant to paragraph (B). See Commonwealth v. Lutz, 495 A.2d 928 (Pa. 1985).

This rule should not be construed as mandating new programs. Rather, summary case ARD programs may be established within the parameters of existing programs, and should be adapted to meet the needs of the defendants in summary cases. See, e.g., 42 Pa.C.S. § 1520(b).

Official Note

Previous Rule 160 adopted April 10, 1989, effective July 1, 1989; rescinded January 31, 1991, effective July 1, 1991, and replaced by Rules 300, 301, and 302. Present Rule 160 adopted January 31, 1991, effective July 1, 1991; renumbered Rule 300 and amended March 1, 2000, effective April 1, 2001.

Delaware County Ard Application

Committee Explanatory Reports:

Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa. B. 621 (February 16, 1991).

Rule 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary.

Comment

Rule 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas—Local Option.

Comment

PART B. Court Cases

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Rule 310. Motion for Accelerated Rehabilitative Disposition.

After criminal proceedings in a court case have been instituted, the attorney for the Commonwealth may move, before a judge empowered to try court cases, that the case be considered for accelerated rehabilitative disposition.

Comment

A request for inclusion into the program may be made to the district attorney by the defendant, the defendant’s attorney, or an interested agency or institution.

See Rule 300 with regard to accelerated rehabilitative disposition in summary cases.

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Official Note

Rule 176 approved May 24, 1972, effective immediately; amended February 15, 1974, effective immediately; amended April 10, 1989, effective July 1, 1989; renumbered Rule 310 and Comment revised March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Rule 311. Application Process and Notice of Motion by Attorney for the Commonweatlh.

Comment

Rule 312. Hearing, Explanation of Program.

CommentSource