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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default Is an Unrelated New Charge an ARD Probation Violation?

    My question involves criminal law for the state of: PA

    Hello, my question involves an arrest after being put on an ARD Section 17 probation. You are arrested for weed possession and put on an ARD program and your sentence just says "pay fines within the probation period" and then it just says "max 12 mos" and you were never told to report to a probation officer or anything but completed the program. If you are arrested about 6 months later for weapons charges does that violate the ARD probation? In other words can a detainer be lodged against you for violating ARD for something not related? I know the ARD program is supposed to allow you to get stuff expunged after the 12 month period but if you get in trouble again for something else, what happens to the original drug charge? Is it reopened and you are re-sentenced? I know it won't be expunged but I just want to know about the chances of getting a detainer for probation violation.

    Thank you in advance for your help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is an Unrelated New Charge an ARD Probation Violation?

    Is this a serious question? If you commit a new crime during ARD, that's a violation. Get in touch with your lawyer.

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