ARD Program Denied to Indigent Defendants
In Pennsylvania the ARD program is our version of the first offender program. The program usually involves probation, community service, court costs and fines. Once a participant completes the program the charges against the offender are dismissed and the offender will have a clear record. The program is great because it gives first offenders or low level offenders a chance to redeem themselves and not let a criminal record destroy their chances of employment and success in society. The cost of the ARD program in Pennsylvania can be expensive. For example, in Delaware County it costs approx. $850 for non-DUI cases and $1250 for DUI cases. For indigent defendants this denies them the opportunity to participate in the program.
I represented two indigent clients in appointed criminal cases that were both young (19 and 21) and could barely afford the basic necessities nevertheless $850 for the program. One can’t get work and has no money for the basic necessities. The other grew up in a foster home, is putting himself through college and does not have money to pay the rent.
I know you taxpayers are thinking, “yeah they should pay for the program, they committed the crime. I’m shouldn’t pay a penny for those criminals.” I agree with this, but the reality is the taxpayers are going to pay anyway. These kids will plead guilty and be placed on probation. The taxpayers are ultimately paying for them to be monitored by adult probation anyway. ARD is the same thing. The kids will be placed on probation and monitored by adult probation. The only difference is they will now be burdened with a criminal record the rest of their lives and will most likely never be able to obtain decent employment. Studies show that when people are not gainfully employed they commit more crime and cost the taxpayers more money. The system is setting them up to fail, but that’s just my opinion.