Legal Question in Criminal Law in Pennsylvania

Re: Simple Possession and Section 17 ARD in Philadelphia

The Section 17 program is very similar to regular probation. The way it starts is by entering a 'no contest' plea in court. That same day, you will sign up with the probation department. Each county has its own specific rules about reporting. Often, it is a monthly reporting system - which you can take care of with an extended lunch hour. Treatment for drug or alcohol abuse is often a requirement, but many treatment programs are compatible with work schedules, and if your problem is not too severe, going to AA or NA meetings is often sufficient.

Most folks are able to hold down full-time employment when on ARD or on Section 17. In fact, judges and probation officers vastly prefer that someone remain employed, and will work with you so long as you are polite and respectful.

Section 17 can last as long as the maximum possible penalty for the particular crime involved - which in your case as a first time drug possessor, is one year. (Second possession offenses carry a maximum of three years.) Section 17 can also last for a shorter period of time. It depends upon what you or your lawyer is able to negotiate.

Good luck.

Re: Simple Possession and Section 17 ARD in Philadelphia

The big difference with Section 17 is it is a GUILTY PLEA (which is held in abeyance until you complete the terms)rather than ARD, which is probation without the entry of a verdict.

You obviously have something else on your record that made the DA choose the Section 17 over the ARD. I can tell you that I frequently have to make a "fresh" ARD application for my clients, and I, on occassion, get them granted. You need to get in touch with local (Philadelphia) counsel ASAP!

Mike