The conditions of the ARD program may be such as may be imposed including restitution, cost of prosecution, and fine. The cost of prosecution and fine are wrapped into the cost of admission into the program. Every county has a different cost of admission to the ARD program. The cost of admission in Lackawanna County in the year 2016 is $1,223.50. This includes the cost of prosecution, a fine, etc. However, in the case of a DUI admission into the program, the cost of programs such as safe driving and the cost of alcohol testing and alcohol appraisals may be additional. A Defendant will be asked if he accepts the conditions prior to the Judge ruling. Usually, the conditions include a number of hours of public service.
If a Defendant refuses to accept the conditions required by the Judge, the Judge will deny the motion for Accelerated Rehabilitative Disposition and allow the case to proceed in Court.
The Defendant may move the Court for an Order that would dismiss all the charges. This motion shall be supported by an affidavit of the Defendant and by a certification of the agency or person charged with supervising the Defendant’s program. A copy of the motion shall be served upon the District Attorney, who shall within 30 days after service, advise the Judge of any objections and serve the defense counsel.
After that, the Judge will order dismissal of charges against the Defendant and the Judge will also order expungement of the Defendant’s record.
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