Understanding Section 17 and ARD Programs in Philadelphia
What are Section 17 and ARD?
Section 17 and Accelerated Rehabilitative Disposition (ARD) are criminal diversion programs designed to give first-time offenders with no prior criminal history a second chance in Philadelphia and throughout Pennsylvania. These programs offer defendants the opportunity to avoid conviction and potentially have their record expunged if they complete specific program requirements.
Am I eligible for ARD?
You might be eligible for ARD if:
- This is your first arrest;
- You have no prior criminal record;
- The offense is relatively minor;
- The District Attorney’s Office approves your application.
Every county in Pennsylvania has an ARD program, but eligibility and requirements may vary. It’s important to note that admission to ARD is not automatic – the District Attorney’s Office has the discretion to approve or reject applications. This is why it is important to have an experienced attorney present your case.
What does ARD typically involve?
While specifics differ between counties, ARD often includes:
- Community service;
- Educational classes or training;
- Paying fines and costs;
- Completing a probationary period.
If you fulfill all requirements, your case can be withdrawn and your record can be expunged. The specific conditions of the ARD program can vary based on the type of offense and each county’s policies. Successful completion of ARD not only allows you to avoid a conviction, but also provides an opportunity for personal growth and rehabilitation.
How does Section 17 work?
Section 17 applies specifically to first-time drug possession offenses, including:
- Possession of marijuana, cocaine, or other controlled substances;
- Possession of drug paraphernalia (bags, scales, grinders, etc.).
With Section 17, you enter a conditional guilty plea and serve 6-12 months of probation. If completed successfully, the case is dismissed and can be expunged. This program recognizes that many individuals struggling with drug issues need treatment and support instead of punishment.
What’s the difference between ARD and Section 17?
The main difference is that Section 17 involves a conditional guilty plea, while ARD does not require a plea. With Section 17, violating probation results in an automatic conviction on the original charge. This makes it particularly important to fully understand and comply with all conditions if you enter a Section 17 program.
How many times can I use these programs?
You only get one opportunity for either ARD or Section 17 in your lifetime. It’s crucial to take full advantage of this chance if offered. This “one-time only” nature of these programs underscores the importance of making the most of this opportunity and seeking experienced legal counsel to guide you through the process.
Do I need a lawyer for ARD or Section 17?
An experienced criminal defense attorney can:
- Assess your eligibility for ARD or Section 17;
- Prepare a compelling application to the District Attorney;
- Advise you on the best option for your situation;
- Guide you through program requirements;
- Protect your rights if any issues arise.
Navigating ARD and Section 17 programs can be difficult and the stakes are high. An experienced criminal defense attorney can help you understand your options and help you achieve a positive outcome.
At Kenny, Burns & McGill, we have plenty of experience helping clients navigate ARD and Section 17 programs. Our attorneys understand the nuances of these programs in Philadelphia and throughout Pennsylvania. Our team can provide the guidance you need to make the most of this opportunity. Contact us for a consultation right away.
