Notice of ARD Violation has been given with just days left to serve .

Asked 3 months ago - Morrisville, PA

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My 22 year old daughter was accepted into the ARD program on 2 / 28 / 12 ( possession of small amount of marijuana - personal use ) . Today she received a notice of ARD " Violation " - reason = D & A evaluation . She was unaware that there were any stipulations to her placement in the ARD program other than she remain incident - free for 12 months . A trial date has been set for 3 / 25 / 13 . What is the best way to handle this misunderstanding ?

Attorney answers (6)

  1. Pro

    Contributor Level 10

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    Lawyers agree

    Answered February 20, 2013 11:54. I would ask an attorney to get your daughter back into ARD. There is a possibility that if she gets the D&A evaluation done, they will put her back in.

  2. Pro

    Contributor Level 19

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    Lawyers agree

    Answered February 20, 2013 12:35. I've agreed with the observations of the attorneys who have responded, and write only to add the following. If the reason is as set forth above, not having had her D&A evaluation done, then she should immediately set that up and I would expect could have that completed before her court date in March. If she doesn't know how to do that or where to go for it, the Probation Department in Bucks County will undoubtedly be able to give her that information. The missing piece here is an evaluation the end result of which will either be a recommendation to receive treatment of some sort or a determination that no treatment is necessary. If treatment is recommended that should be at least set up (appoint to start) or started. If she shows up having done nothing to remedy the oversight, she will be in a much more difficult position then having gotten it underway. The recommendations to seek legal advice locally is entirely appropriate. Good luck.

  3. Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered February 20, 2013 11:52. Unfortunately, your daughter will have to go back to court. Hopefully the district attorney would be able to give her an ARD extension to give her the time to get her requirements done.
    She should have an attorney go with her because if an extension is not given, she has the option of going to trial or pleading guilty.
    Ellis Klein Esquire
    Former Bucks County Senior Deputy District Attorney
    215-639-5297
    www.ykacrim.com

  4. Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered February 20, 2013 12:01. In Morrisville Bucks County the court takes a very stern view on keeping up on the Ard requirements. Its important to discuss this right away with an attorney and ask the Judge to reconsider his decision.

    Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your... more
  5. Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered February 20, 2013 12:03. It is possible to have the ARD program extended to have her complete the requirements. If your attorney retains an attorney they may be able to have it exte ded without a court appearance. Good luck.

  6. Contributor Level 10

    Answered February 22, 2013 14:52. Hire a lawyer, there are ways to get her back into ARD by filing a petition to reinstate ARD. you will need to establish a good reason for the mistake.

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