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

Morrisville, PA |

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 ?

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Attorney answers 6

Posted

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

Posted

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.

Posted

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.

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Posted

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.

Posted

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.

Posted

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.