Legal Question in Criminal Law in Pennsylvania
i live in altoona pennsylvania..i was convicted of a felony drug offense about six years ago..i would like to know if my chances of a pardon or expungement are likely and if i should consult a more expensive lawyer or a online step by step program for half the price..also i asked my lawyer for the program ARD but he told me i didn't qualify..i read that it is for non violent crimes...so why was i denied and am i able to still take it? thanks
1 Answer from Attorneys
ARD (Accelerated Rehabilitative Disposition) is a type of probation for first-offenders that gives a defendant an opportunity to maintain a clean criminal record. It is typically not available for felonies, however, and completely within the discretion of the District Attorney to offer it or not. That means that if the D.A. says no, then you don't get ARD. Not even the Judge can allow it at that point.
ARD happens when the case is active and before any sentencing; you cannot take advantage of an ARD disposition years later. You asked for it back then and you were denied -- end of story.
Your chances of a pardon are slim, but it would obviously depend upon your particular circumstances. Your chances of expunging your record are even slimmer, unless you are a senior citizen.
I'm sure this isn't the answer you wanted to hear, but hope it helps.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
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http://www.carybhall.com