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OFFICE OF THE DISTRICT ATTORNEY ACCELERATED REHABILITATIVE DISPOSITION (Office of Innovation and Technology)

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1
OFFICE OF THE DISTRICT ATTORNEY
ACCELERATED REHABILITATIVE DISPOSITION (ARD) Program
Commonwealth v. ____________________________ Docket Number: ___________________
A. I understand the following to be special conditions for my participation in the Accelerated
Rehabilitative Disposition (ARD) Program, and I agree to comply with these conditions:
1. MONTH(S) OF PROBATION:
DUI CASES:
COMPLETE C.R.N. EVALUATION
COMPLETE SAFE DRIVING SCHOOL
DRIVER’S LICENSE SUSPENSION FOR ____ MONTHS
COMPLETE PCPC AND TREATMENT IF RECOMMENDED
COURT COSTS/FEES:
RESTITUTION:
PROBATION SUPERVISION FEES:
COMMUNITY SERVICE:
OTHER:
2. I am responsible for paying all cost of the ARD program including the costs of the
C.R.N. evaluation (approximately $70), Full Drug and Alcohol Assessment
(approximately $75), Safe Driving School (approximately $200.00), and any
counseling required by the PA Department of Health prior to the expiration of my
probation.
3. I waive the appropriate statute of limitations and my right to a speedy trial under any
applicable Federal or State Constitutional Provisions, Statutes, or Rules of Court during
the period of enrollment in the program.
B. I further understand and agree to the following:
1. I acknowledge that I have been arrested and charged with a violation of the laws of
Pennsylvania. I have the right to go to trial on these charges, and I understand that I am
presumed to be innocent, and that the prosecution must prove my guilt beyond a
reasonable doubt.
2
2. I understand that I am eligible to participate in the Philadelphia County ARD program
and that if I successfully complete the ARD Program, the charges filed against me will
be dismissed and the criminal history information about these charges will be
automatically expunged.
3. I understand that I can reject the offer to participate in the ARD program and demand
that my case be brought to trial. I also understand that my decision not to participate in
the ARD program and any statement I make in these ARD proceedings cannot be used
against me at trial, except for a prosecution based on the falsity of the information or
statement provided by me.
4. I understand and agree to waive the statute of limitations within which prosecution
must be commenced for the charges against me.
a. I understand and agree that time spent in this program is NOT included in
calculating my rights to a speedy trial under the U.S. and State constitutions. I
also agree that the time spent in the program is NOT included in the time-period
within which I must be tried under Rule 1013 or Rule 600 of the Pennsylvania
Rules of Criminal Procedure.
b. If my case is removed from the ARD Program and sent back for a trial, then the
District Attorney will have 90 days in which to bring me to trial if it is a
misdemeanor case. (Pa.R.Crim.P. 1013(1)) or 365 days if it is a felony case
(Pa.R.Crim.P. 600). The days shall be calculated from the date the court ordered
my case removed from the ARD program and sent back for trial.
5. Successful completion of the ARD program and all of the terms of this agreement offers
me an opportunity to earn a dismissal of the charges pending against me and I may
thereafter seek expungement. Expungement is automatic when completed within the
ARD period and the Commonwealth does not object as provided in Pa.R.Crim.P.320.
For DUI Cases, PennDOT will not expunge its records for at least 10 years.
6. If I have a license suspension, it will become effective within 60 days and I will receive
notice from PennDOT in the mail. Pursuant to 75 Pa. C.S. §§ 3816 and 1541(d), my
driver’s license will NOT be restored until successful completion of Safe Driving
School as ordered by this agreement. A license suspension pursuant to ARD or a DUI
offense is “DUI-related” (DUS/DUI), 75 Pa.C.S.A §1543(b)(1); (b)(2). Driving while
under a DUI-related suspension carry a mandatory 60 or 90-day sentence of
imprisonment and $1,000.00 fine.
7. I understand and agree that if, during the period of the ARD program, I am arrested
and/or convicted on new charges, or if I fail to abide by the requirements of the ARD
program, including the payment of restitution and required costs, I may have to attend
a hearing to determine whether I have violated any of the conditions of ARD program.
I shall be afforded an opportunity to be heard. The Judge may order when appropriate,
that the ARD program be terminated, and that the attorney for the Commonwealth shall
proceed on the charges as provided in Pa.R.Crim.P.318. If my violation is for failure to
pay restitution and/or court costs, I can present evidence about my inability to pay.
3
I certify that I am not currently on Federal, State, or County Probation or Parole, in this or any
other jurisdiction. I further agree that if I have failed to disclose such information, this failure
would constitute grounds for my immediate termination from the ARD program. My case will
then be relisted for trial, at the discretion of the District Attorney's Office.
I hereby certify that I have read this document in its entirety and I fully understand the terms
outlined above. This certification is made subject to penalty under § 4904(b) of the Pennsylvania
Crimes Code regarding false statements.
____________________________ _________________
Signature of DEFENDANT DATE
I, ______________________________________________, Esquire, state that I have advised my
client of the meaning of this document; that it is my belief that the defendant fully understands
what is set forth above, and that he/she understands the terms and conditions of his ARD program.
Furthermore, I have discussed with my client any and all of the consequences of entering into the
ARD program, including the waiver of the ARD hearing as it will be conducted administratively.
I also attest to the fact that my client has signed the above document.
_____________________________ __________________
Signature of DEFENSE ATTORNEY DATE
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4
RULE 312 WAIVER: ACCELERATED REHABILITATIVE DISPOSITON
I am over the age of 18 and understand that acceptance into, and satisfactory completion
of the Accelerated Rehabilitative Disposition (ARD) program offers me an opportunity to earn a
dismissal of the pending charges and thereafter I may seek to expunge my record;
I understand that expungement is automatic, when I complete the conditions within the
period of the program and the District Attorney’s Office does not object to the expungement.
Otherwise, I must file a petition for expungement which can only occur upon my successful
completion of the program.
I understand that, during my participation in the ARD program, that I waive the appropriate
stature of limitations and my right to a speedy trial under any applicable Federal or State
constitutional provisions, statutes, or rules of the court during the period of enrollment in the
program.
I have reviewed with my attorney, and I fully understand the terms and conditions of my
ARD program participation.
I understand that in accordance with Rule 312 of the Pennsylvania Rules of Criminal
Procedure I am entitled to have a hearing, and to be present during the hearing on the
Commonwealth’s Motion to admit me into the Accelerated Rehabilitative Disposition program.
Understanding all of the above information, I hereby waive my rights to a hearing and to
be present at that hearing on the Commonwealth’s Motion to admit me into the ARD program. I
specifically request that the court place me into the accelerated rehabilitative disposition program
administratively and without a hearing.
I further waive my right to have the facts of the case presented to the Judge during a
hearing.
I have reviewed the above information with my attorney. He has fully explained all of the
rights and information contained in this document to me.
I have not been forced, threatened, or coerced in any way into waiving any of the rights set
forth above and I am doing so after full consultation with my attorney.
________________________ ________________
Signature of DEFENDANT DATE
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5
I, ________________________________________, Esquire, state that I have advised my
client of the meaning of this document; that it is my belief that the defendant understands what is
set forth above, and that the defendant understands what he/she is doing by waiving his/her
presence in court and right to a hearing and entering into the Accelerated Rehabilitative
Disposition program on an administrative basis. Furthermore, I have discussed with my client any
and all of the consequences of entering into the Accelerated Rehabilitative Disposition program
and the waiver of these rights. I also attest to the fact that my client has signed the above document.
I further agree that the District Attorney may move my client into the Accelerated
Rehabilitative Disposition program administratively by presenting documentation to the
Judge on an ex parte basis and without my presence. Further this document may be made
part of the Court file by agreement.
______________________________ _________________
Signature of DEFENSE ATTORNEY DATE
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OFFICE OF THE DISTRICT ATTORNEY ACCELERATED REHABILITATIVE DISPOSITION (Office of Innovation and Technology)

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Completed 24 January 2021

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