Legal Question in Criminal Law in Pennsylvania

Re: drug charges

Different Mandatory Sentences come into play in drug cases in PA depending on the weight of the narcotics (how many grams). While this may preclude you from getting ard, you may still be able to get other diversionary type programs. Ask your lawyer. Good luck. Feel free to email or call. Brian

Re: drug charges

ARD is designed for first offenders of minor offenses or first time DUI offenders. Intent to Deliver Cocaine is not considered that type of offense.

Re: drug charges

After looking at a number of cases, it appears to me that this is the policy of the District Attorney in your County. The District Attorney has wide discretion to admit or deny persons entry into the ARD program even upon a first offense. In order to successfully challenge such a decision you would have to show that the determination was an abuse of discretion which is a very tough standard. In the case of Comm. v. Agnew a decision of a District Attorney to refuse to admit defendants arrested in the City of Chester for possession of drugs into ARD was upheld despite that defendants arrested elsewhere in the County were admitted.