My 18 year old son received an underage drinking citation. Do we need an attorney, or should we just apply for ARD?
However citation received in mail describes a profoundly drunk teenager found unconscious in the rear of a car, at 4am. No medical help or breathalyzer were provided. Obviously if he had been found unconscious, protocol would have called for one or both.
If it weren't for the inaccuracy (and potential damaging?) details of the citation we would just file for diversionary program.
1 attorney answer
Is this a Delaware citation? If it is, Delaware does not have ARD that is a diversionary program in Pennsylvania-. However Delaware has "probation before judgment" which operates in a similar way. Under probation before judgment your son would admit to the offense and be placed on unsupervised probation. If he successfully completes the unsupervised probation (which basically means that he does not pick up any new charge) the charge will be dismissed and he will be able to petition for expungement of his arrest record. generally the period of probation is for one year. Often, I am able to negotiate a reduction of the period of probation to six months or less, depending on the circumstances. Also, the age of your son is important. If he is close to 21, often I am able t request that the case be postponed until after he turns 21 and if he does not pick up any new charges in the prosecutor will agree to dismiss the charge. you shoul consult with a lawyer before you take any action in your case