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Delaware County ARD Program Lawyer

Diversionary Program Attorney in Delaware County, PA Helping First-Time Offenders Get DUI Charges Dismissed in Delaware County, Montgomery County, Chester County, and Throughout Southeastern Pennsylvania

Driving under the influence (DUI) charges are serious legal matters in Pennsylvania, but the state also recognizes that rehabilitation may be a better path forward than harsh punishments, particularly for first-time offenders. Gaining acceptance into a diversionary program, like Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) Program, allows you to avoid the most severe consequences of DUI charges. An experienced Delaware County ARD Program lawyer at The Law Offices of Joseph Lesniak, LLC, can help you explore how a pre-trial diversion program may benefit you.

With extensive experience securing the most advantageous outcome possible for clients charged with DUI, our firm is prepared to consider all options to minimize the impact of this legal issue on your future. Often, that means taking advantage of the ARD Program when eligible. Contact us today for a free consultation, and let our firm guide your path forward.

The ARD Program Offers a Second Chance for DUI Defendants in Delaware County, PA

Pennsylvania’s Accelerated Rehabilitative Disposition Program offers an opportunity to avoid many of the most severe consequences of a DUI, including jail time, license suspension, and lengthy legal proceedings. You must meet numerous criteria to be eligible for the ARD Program in Delaware County, and not every defendant who is eligible to apply is ultimately accepted into the program.

Having an experienced attorney on your side to present the strongest possible case for your acceptance into this diversionary program improves your chances of securing the full benefits of the ARD Program.

The Difference a Diversionary Program Can Make

A DUI conviction could lead to significant consequences, including fines, a criminal record, and potentially jail time—even for a first offense, if you had a high blood alcohol level or you were involved in a crash. When you are accepted to a diversion program, you have the opportunity to minimize the impact of a DUI charge, as long as you successfully complete all conditions of the diversion program.

Through Pennsylvania’s ARD Program, motorists charged with DUI in Delaware County may:

  • Avoid jail time, which may be imposed even on first-time offenders under certain conditions
  • Avoid or reduce financial costs, which can amount to thousands of dollars, depending on the circumstances
  • Avoid having a DUI conviction on their criminal record and, potentially, get the charge fully expunged later
  • Avoid or reduce license suspension by a significant amount
  • Lessen the effects on your auto insurance rates and eligibility for coverage compared to a full DUI conviction
  • Approach the resolution of this legal issue from a perspective focused on rehabilitation rather than punishment, including receiving treatment related to problematic alcohol use

Acceptance into an ARD Program in Pennsylvania isn’t a free pass. You still must complete all conditions of the pre-trial diversion program, including:

  • Paying restitution when applicable
  • Completing mandatory community service
  • Being subject to probation for a specified period
  • Completing Alcohol Safe Driving Classes
  • Undergoing a drug and alcohol evaluation, if required

Many first offenders facing the serious consequences of a DUI charge find that the conditions imposed under the ARD Program are worthwhile because they allow an opportunity to avoid the most severe repercussions of a criminal conviction. An experienced ARD lawyer can help you weigh the pros and cons and explore the full options available to you, ensuring you’re able to make an informed decision about whether to seek acceptance into a pre-trial diversion program.

Eligibility for the ARD Program in Pennsylvania

Not everyone charged with a DUI in Delaware County—or, for that matter, everyone who is eligible to apply for the program—will be accepted into the pre-trial diversion program.

Typically, defendants accepted into the ARD Program are first-time offenders.

Generally, the ARD Program may be an option if you were charged with DUI-related offenses such as:

  • General impairment DUI
  • DUI over 0.16% BAC
  • DUI of a Controlled Substance
  • Underage DUI

However, the specific circumstances of the case against you matter. Per the Delaware County District Attorney’s Office, you are ineligible for the ARD Program if the incident that gave rise to the charges against you involved any of the following factors:

  • A crash that caused someone else serious bodily injury
  • Accusations of leaving the scene of a collision with an occupied vehicle
  • Serious endangerment of another person
  • One or more children below the age of 14 in the vehicle at the time of the alleged impaired driving
  • Lack of auto insurance, with a prior history of license suspensions resulting from failure to maintain auto insurance
  • A civilian victim not in agreement with your acceptance into the pre-trial diversion program

If you meet these eligibility standards, there are numerous steps you must take to seek entry into the ARD Program.

  • You need to be represented by a licensed attorney who will submit your application for acceptance into the ARD program. Otherwise, the District Attorney will not consider your application.
  • You must formally waive your arraignment, which is your first appearance in court, by completing the appropriate paperwork.
  • You must undergo fingerprinting by the arresting agency or the Criminal Investigative Division of the District Attorney’s Office.
  • You must pay all costs of the ARD Program, generally on the day you enter into the program, as well as a monthly probation supervisory fee throughout the term of probation imposed. Generally, these costs amount to approximately $1,800, according to the Delaware County District Attorney’s Office.

A knowledgeable ARD attorney at The Law Offices of Joseph Lesniak, LLC, can help you prepare and submit your application and meet all of the demands of the ARD Program process.

Common Diversion Conditions

Gaining acceptance into the ARD Program is only the first hurdle. When you enter this program, you are committing to completing all conditions established by the District Attorney. These conditions may include:

  • Probation
  • Community service
  • Restitution
  • Completion of Alcohol Safe Driving Classes
  • Drug and alcohol evaluation and treatment, if applicable

Minimum Probation and Community Service Requirements

The minimum conditions regarding probation and community service requirements for DUI issues are as follows:

  • For offenders with a BAC between 0.08% and 0.99%, minimum conditions include six months of probation and 16 hours of community service.
  • With a BAC between 0.10% and 0.159%, you will have to complete at least 12 months of probation and 24 hours of community service.
  • If your case involves a BAC of 0.16% or higher, drug impairment, refusal to take a breathalyzer test, or an accident that caused bodily injury, you will be subject to a minimum of 12 months of probation and 32 hours of community service.
  • In underage DUI cases, offenders under 21 years old must complete a minimum of 12 months of probation and 24 hours of community service.

The District Attorney’s Office may impose additional or enhanced conditions. Your attorney can help you seek entry to an ARD Program with the most favorable conditions possible.

Driver’s License Suspension

For many people charged with DUI offenses, driver’s license suspension is among the most disruptive consequences of this legal issue. Losing your license can compromise your independence, but participation in Pennsylvania’s ARD Program may reduce the length of license suspension or allow you to avoid suspension entirely.

Depending on the circumstances, the license suspension terms you may be subjected to include:

  • No suspension for offenders 21 and older with a BAC between 0.08% and 0.99%
  • A 30-day license suspension for offenders 21 and older with a BAC between 0.10% and 0.159%
  • A 60-day license suspension for offenders 21 and older with a BAC of 0.16% or higher
  • A 90-day license suspension for offenders under 21, regardless of BAC

By reducing the length of your license suspension, the ARD Program allows you to regain your freedom and independence sooner.

How a Diversionary Program Attorney in Delaware County, PA, at The Law Offices of Joseph Lesniak, LLC, Can Help

When you consult The Law Offices of Joseph Lesniak, LLC, about your DUI charge, we’re prepared to assist you with every aspect of your case—from assessing your eligibility for the ARD Program and exploring its benefits to advocating for your admittance and favorable conditions.

Our work on your behalf includes:

  • Analyzing the facts of your case to determine whether pre-trial diversion or another avenue offers the most favorable resolution to your legal matter
  • Assessing your eligibility for the ARD Program
  • Educating you on what the ARD Program encompasses, including its advantages, its costs, and what is required of you
  • Preparing and submitting an application on your behalf that presents the strongest possible case for acceptance into the pre-trial diversion program

While defendants in Pennsylvania have numerous rights and protections under state and federal laws, they do not have a right to participate in the ARD Program. The District Attorney has discretion to accept or reject your application and considers each situation on a case-by-case basis, including weighing the opinion of police officers and victims. You need your application to be completed fully and accurately and to present the most compelling case possible for your acceptance into the ARD Program.

Why Choose The Law Offices of Joseph Lesniak, LLC, as Your Delaware County ARD Program Lawyer?

Throughout Southeastern Pennsylvania, motorists accused of DUI count on The Law Offices of Joseph Lesniak, LLC, to assist them in finding the most favorable path forward. As a trusted diversionary program attorney in Delaware County, PA, Attorney Lesniak is known for his commitment to preserving clients’ freedom, the value that his experience as a former prosecutor adds, and his compassionate guidance throughout the process.

A Focus on Your Freedom and Your Future

Our goal is to secure the most favorable outcome possible for your situation, whether that means challenging the prosecutor’s case in court or skillfully guiding you through a pre-trial diversion program. We will help you determine the most advantageous path forward with your future, your driving privileges, and your freedom in mind. Our approach to your case is custom-tailored to your unique circumstances.

The Advantages of Having a Former Prosecutor as Your ARD Lawyer

It’s important that you have the benefit of a Delaware County ARD Program lawyer who fully understands the nuances of this program and how District Attorneys approach cases like yours. As a former prosecutor, Attorney Joseph Lesniak brings a valuable insider perspective to cases involving pre-trial diversions. He knows what factors District Attorneys consider and how to present your case in the best light when seeking acceptance into the ARD Program.

Compassionate Guidance Throughout the Legal Process

Facing DUI charges can be isolating, but with our firm on your side, you’ll never feel alone in the legal process. From the very beginning, we’re here to advise you with compassion. We know how stressful this situation is for you—and that, even though we handle cases like yours every day, it isn’t routine to you. We’re dedicated to providing peace of mind and reducing the stress you’re under through trusted legal guidance and constant advocacy.

Contact a Delaware County ARD Program Lawyer at The Law Offices of Joseph Lesniak, LLC, Today for a Free Case Evaluation

You need to act quickly if you’re going to seek acceptance into the ARD Program. You must first waive your arraignment, which requires you to complete and submit specific forms within strict deadlines. The sooner you retain a skilled Delaware County ARD Program lawyer, the better a position you are in to explore all of your options and successfully submit an application for entry into the ARD Program.

For help from a diversionary program attorney in Delaware County, PA, contact The Law Offices of Joseph Lesniak, LLC, online or call (484) 444-2348 today.

Frequently Asked Questions About the ARD Program in Delaware County, PA

Lesniak Counties Served in PALesniak Counties Served in PA

We Take Cases Throughout The State Of Pennsylvania Including:

Philadelphia County, Allegheny County, Montgomery County, Bucks County, Delaware County, Lancaster County, Chester County, York County, Berks County, Lehigh County, Westmoreland County, Luzerne County, Northampton County, Dauphin County, Cumberland County, Erie County, Lackawanna County, Washington County, Butler County, Monroe County, Beaver County, Centre County, Franklin County, Lebanon County, Schuylkill County, Cambria County, Fayette County, Blair County, Lycoming County, Mercer County, Adams County, Northumberland County, Lawrence County, Indiana County, Crawford County, Clearfield County, Somerset County, Carbon County, Columbia County, Armstrong County, Pike County, Bradford County, Wayne County, Venango County, Bedford County, Perry County, Mifflin County, Jefferson County, Huntingdon County, Union County, Tioga County, McKean County, Snyder County, Susquehanna County, Clinton County, Warren County, Clarion County, Greene County, Elk County, Wyoming County, Juniata County, Montour County, Potter County, Fulton County, Forest County, Sullivan County, Cameron County