Police found marijuana under an oz in my sons car. he was not driving. the police mentioned ard program . what happens.
3 attorney answers
Please understand that ARD is only one option for your son. Take the paperwork the court sent you/him to a lawyer and have him review it for any issues surrounding the actions the police took. You might have a chance at winning this case on suppression. Of course, without the affidavit of probable cause in my hand I most certainly cannot guarantee this. You need to have a sit-down consultation with a Pennsylvania lawyer.
ARD stands for Accelerated Rehabilitative Disposition. It is a non adjudicatory probation program most often offered to first time DUI offenders. Usually folks who get caught and charged with drug offenses are offered a section 17 probation which does differ somewhat from the ARD program. Every county handles their ARD and Section 17 programs differently. Assuming your son is admitted into such a program he will most likely have to under go a substance abuse evlauation and counseling if warranted. He may have to do community service, call into probation monthly during the course of his probation and pay the costs of the program. After he sucessfully completes the program he should be eligible to have his arrest expunged.
Be aware that just beause your son may be eligible to enter one of these programs does not mean he should. A consultation with an experienced Criminal Defense Attorney in your area will help you get a better idea of how your son should proceed with his case.
An alternate (diversionary) program, essentially provides a means to avoid the long-term consequences of a criminal conviction. This case should be reviewed with an experienced criminal defense lawyer before any decisions are made on how to resolve it, to ensure that there are no legal issues with the search that could impact the viability of the State's case. At that time, your son can also ask about the ARD program and the benefits it has to a 1st time offender. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.