What if you accomplished on your requirements for ARD, but need an extra month to pay the ARD cost which is the month you have to have all requirements done, will the court work with you, or will they kick you off??
DUI / DWI Attorney
You should contact a DUI attorney in the county where you are on ARD immediately and discuss this matter. For the most part, most counties in PA will not remove you from the ARD program if you need an extra month to complete something. That just means that you will still be under probation and obviously cannot have anything expunged until ARD requirements are completed. This is something that you and your attorney may want to also bring to the attention of the probation department who is supervising you as well as the DA's office. This is something where time is of the essence and I would make sure to talk with an attorney about this as soon as possible.
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Criminal Defense Attorney
I agree with the advice Mr. Cooper gave you. I recommend that the first person you reach out to is your probation officer. Because you were in ARD, you likely had very little contact with your probation officer. However, you were still assigned one when you entered the program. Let them know about your financial situation and the time you need and they will likely work with you. If you fail to comply with all the requirements of ARD, it is the probation officer who is likely the first one to file a petition with the court seeking to have you removed from the program. It is for that reason that I suggest contacting them first. Just be up front and honest with them and as I said, I doubt they will give you a problem.
If you haven't already done so, provide the probation officer with proof of all the conditions you did complete such as a certificate of completion of alcohol safe driving school, any proof that you completed drug/alcohol treatment, receipts for any fines and costs that you did pay, etc. That way, the probation officer will see that you're not just trying to buy time to do everything but that you've been working hard trying to complete all requirements but that the costs is the only thing that is still an issue.
If you're having trouble getting through to the probation officer or he/she doesn't seem very receptive, it may be in your best interest to contact an attorney to either reach out to the PO or to the District Attorney's Office or court seeking an extension of ARD. As Mr. Cooper said, you are under ARD probation/supervision until you complete all requirements of ARD. So, the longer it takes you to pay off the costs, the longer you're under the supervision of the court. Once you successfully complete all conditions, you should receive a letter or certificate from your PO that indicates that you completed the ARD program and the charges against you should be withdrawn by the DA's Office. It is at that time that you should contact an attorney to file an expungement petition seeking to have the DUI arrest removed from your record.
It is important that you take care of these things quickly because you don't want any more time to pass and have the PO file a motion to have you removed from ARD and now your suddenly looking at a conviction on your record for DUI, potential jail time, license suspension and more after you worked so hard to complete the ARD program. I wish you the best of luck.
If I can be of futher assistance, don't hesitate to contact me.
Brian M. Fishman
The posting of an answer to this question in no way creates an attorney-client relationship between myself and any reader. I always suggest you contact and hire a lawyer to receive legal advice.
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