Legal ARD Application

LEGAL ARD APPLICATION

Applicant Name:    Date of Birth:

Applicant Address:

Prosecuting Authority:    Case Number:

Court:    Offense Date:

RECITALS

WHEREAS, Applicant is charged with the offense(s) identified in Case Number before the ; and

WHEREAS, Applicant asserts eligibility for admission to the Accelerated Rehabilitative Disposition (ARD) program and seeks diversion from prosecution subject to court and prosecutorial approval; and

WHEREAS, Applicant understands that admission to ARD, if granted, will be conditioned upon compliance with terms imposed by the court and the prosecuting authority and that failure to comply may result in reinstatement of prosecution.

NOW, THEREFORE

Applicant submits this Application and, to induce consideration for ARD, provides the following representations, requests, and consents. Applicant certifies that the statements contained herein are true and correct to the best of Applicant's knowledge and belief.

1. APPLICATION AND FACTUAL STATEMENT

1.1 Application: Applicant requests admission to ARD for the charge(s) listed below and authorizes the prosecuting authority and the court to consider this request in the exercise of their discretion.

1.2 Prior Record: Applicant represents that Applicant is first-time offender    has prior convictions (if checked, list details below)

2. CONDITIONS OF ARD

2.1 If admitted, Applicant agrees to comply with the following conditions, as selected and imposed by the court or prosecuting authority. Applicant acknowledges that additional conditions may be imposed in the discretion of the court.

Restitution in the amount of $

Community service for hours

Counseling or treatment (type/specify):

Period of informal probation/supervision for

Drug/alcohol testing as directed    Payment of fines and court costs in the amount of $

3. WAIVER AND CONSENTS

3.1 Applicant understands that admission to ARD does not constitute a finding of guilt for purposes of sentencing in other matters, and that Applicant may be required to acknowledge the factual basis of the offense. Applicant hereby:

Waives the right to demand immediate trial for the period necessary to complete ARD proceedings.

Authorizes release of records and information between the court, the supervisory agency, treatment providers, and the prosecuting authority to verify compliance with ARD conditions.

4. REPORTING, SUPERVISION, AND COMPLIANCE

4.1 Applicant agrees to report to the designated supervising officer or agency as instructed and to comply with all lawful directives related to monitoring, testing, counseling, and restitution. Applicant shall promptly notify the court and counsel of any change of address or contact information.

5. COMPLETION, DISPOSITION, AND TERMINATION

5.1 Successful completion of the terms of ARD shall result in disposition as provided by law, which may include dismissal of the charges and eligibility for sealing or expungement as permitted by statute. Failure to comply with conditions may result in termination of ARD and reinstatement of prosecution.

6. FEES AND FINANCIAL OBLIGATIONS

7. NOTICES

Notices concerning this Application and any ARD proceedings shall be provided to the parties at the addresses below. Service of notice at the addresses provided shall be deemed effective.

8. REPRESENTATIONS AND CERTIFICATION

Applicant represents that Applicant has been advised of Applicant's constitutional rights, including the right to a jury trial, the right to confront witnesses, and the right against compulsory self-incrimination, and that Applicant knowingly and voluntarily submits this Application after consultation with counsel or after knowingly electing to proceed pro se.

Applicant certifies that Applicant will fully comply with any conditions imposed and will not engage in criminal conduct during the pendency of ARD supervision. Applicant understands that any false statements made in this Application may be used as a basis for termination of ARD and for prosecution.

9. MISCELLANEOUS

Governing Law: This Application and any resulting ARD order shall be governed by the laws of the jurisdiction in which the court sits.

Entire Agreement: This Application, together with any written acceptance by the prosecuting authority and the court's order, constitutes the entire agreement between the parties with respect to ARD admission and supersedes all prior agreements and understandings.

Severability: If any provision of this Application is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment, modification, or waiver of any provision of this Application shall be effective unless in writing and signed by Applicant and the prosecuting authority, except that the court may impose additional conditions as permitted by statute or rule.

Counterparts: This Application may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

ACKNOWLEDGMENT

By signing below, Applicant affirms under penalty of perjury that the foregoing statements are true and correct, that Applicant understands the terms and consequences of seeking admission to ARD, and that Applicant consents to the conditions and releases set forth in this Application.

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