Commonly referred to as ARD, the program was designed to divert first-time offenders from the  overcrowded penal system and to speed up the court process for one of Pennsylvania’s most common criminal offenses. With the rate of recidivism for DUI offenders going through the roof in the 1980′s, the idea was that instead of clogging up the prisons with drunks and drug addicts, the judicial system could attempt to address the real problem by treating an offender’s addiction and/or poor decision-making abilities, so as to keep them out of the system thereafter. Meanwhile, offenders who just made a REALLY bad choice one night, wouldn’t have their lives turned upside down, their clean records blemished, and their employment jeopardized. It is a program unique to Pennsylvania and one that has been very effective.

Here is how it works:

Entry onto ARD is NOT a guilty plea. Rather, it is an agreement between the offender and the District Attorney to abide by certain terms and conditions for a set period of time , while holding the charges in abeyance (meaning over the offender’s head).

At the preliminary hearing, the District Attorney has the sole discretion to offer a first-time DUI offender, who either has no prior criminal record or only has a non-violent, non-drug related prior conviction, entry to the ARD program. Upon the case being bound over to the county court, the offender fills out an application and schedules a CRN evaluation, which is an intake evaluation with drug and alcohol treatment provider. The evaluator then submits a report with recommendations as to treatment options to the District Attorney and the court.

Based on those recommendations, the court will place the offender on probation for not less than six (6) months and no longer than one (1) year, during which time the offender must remain arrest-free, complete the Alcohol Highway Safety Course, participate in any treatment the CRN evaluator recommends, have their driver’s license suspended for thirty (30) days, and pay all court costs and probation fees.

If the offender completes the program without any violations, the DUI charges are dismissed and the arrest record expunged. Expungement means that no ordinary citizen or employer will ever know that an offender was arrested for DUI, only law enforcement and the courts will have knowledge of the arrest. The only caveat is that if an ARD graduate is arrested on a second DUI later in life, that charge will still count as a second offense and the offender will be subject to increased penalties on that charge.

However, if the offender does not abide by the terms and provisions of the program by either not participating in treatment, being arrested for another crime, or violating probation, the court will remove the offender from ARD and the charges will again become active, meaning that the offender will either have to go to trial or plead guilty and be sentenced on the DUI. If this happens, the offender can face up to one (1) year in prison, depending on the severity of the DUI charge, have their driver’s license suspended for one (1) year, pay thousands of dollars in fines and costs, and have a publicly accessible criminal record for the rest of their lives.

Again, entry into the ARD program is NOT automatic. This option remains at the sole discretion of the District Attorney. Those who meet the requirements will still need an experienced lawyer to negotiate and ensure entry into the program. I am experienced in negotiating ARD’s and provide affordable flat fees to first-time offenders. Contact the Law Office of Hank J. Clarke for a FREE consultation today.

So, what does a person do to make sure that their child is safe and secure, while still acting within the confines of the law?

First, talk to your own lawyer and discuss with him/her all of your options. Sometimes issues can be resolved rather easily with a strongly worded letter to the offending parent from your attorney. When faced with the prospect of being hauled into court and facing a judge for one’s misdeeds, most times people start acting right again.

If that doesn’t work and the issue is severe enough, your lawyer will probably advise you to file a Petition for Emergency Custody. Now, this is not just some run of the mill motion that the courts hear or litigants utilize frequently. Rather, it is more like a nuclear weapon, to be used only in cases of dire emergencies, due to the ability for it to cause permanent damage to the parents’ relationship and the possibility of blowback from the courts if the petition is not firmly grounded. I only ever use this option if I and my client agree that the offending parent’s actions are such that the children are in danger of being permanently physically harmed. As an example, a few years ago, I was successful in arguing for an emergency custody order (an in fact, the order changed primary custody from one parent to the other) when the offending parent was accused of physically abusing her special needs child and neglecting the developmental needs of her other child. Still, even with Children and Youth, the children’s physicians, and an array of social service agencies behind my client, it was still a close call with the judge because of the monumentality of what we were asking for.

Outside of an issue like that, I almost always recommend my clients to file Petitions for Contempt. When parties come to an agreement to custody, that agreement is almost always memorialized as a court order. When a case goes to trial, the resulting custody decision always becomes an order. If one parent violates the terms of such an order, one of the remedies is to ask that the judge punish the offender by citing them for contempt. Now, a judge or custody officer making a recommendation to a judge, has wide discretion about what exactly that punishment will be. The courts can do anything from fining the offending parent, to modifying the terms of the order, or even changing custody altogether.

For non-custodial parents, a contempt citation is a weapon that can keep the primary custodian honest and protect against them controlling the entire familial dynamic by making their own rules. A citation can even lay the groundwork for a future attempt at gaining primary custody for themselves.

For primary custodial parents, a contempt citation can be a warning to the non-custodial parent to shape up or risk further eroding of their visitation schedule or decision-making rights.

So, the next time your ex starts acting in a way that you don’t appreciate, that you believe can endanger the children, or that violates a custody order, don’t immediately act impulsively or out of anger, consult your attorney about the issues and take the appropriate steps within the friendly confines of the law. It may not be instantly gratifying, but you will thank me later.

For a hassle-free consultation at NO CHARGE with an aggressive and exceptional legal advocate, call the Law Office of Hank J. Clarke at (570) 622-2288 or visit my website.