There's been a recent change in the NorCo DA's office concerning a special program for first offenders called Accelerated Rehabilitative Disposition. (ARD). Under this program, a first offender for a minor crime can avoid the stigma of a criminal conviction by agreeing to probation for a period of months and any other conditions deemed appropriate. After successful completion of the program, charges are dismissed. This program is administered by the District Attorney, and eligibility is at his discretion. The crime of Driving Under the Influence has typically been among the kind of offense considered appropriate for ARD. It's been a moneymaker for the county, too. The ARD fee for DUI in NorCo has been $2,675. But this is changing. According to an August 26 Memo from DA Steve Baratta to President Judge Craig Dally (you can read the memo below), ARD will no longer be available to DUI defendants. This new policy will start September 15.
This change was brought to my attention by a reader who chided me for failing to report it. I was unaware of the change.
Baratta's new policy is a reaction to a recent Pa. Supreme Court ruling that considering ARD as a prior offense for purposes of sentencing enhancement is unconstitutional notwithstanding that the Vehicle Code specifically provides that participation in an ARD program must be considered a prior offense.
Instead of accepting ARD applications for first time DUI offenders, the DA will allow most defendants to plead guilty to DUI at its lowest level, called general impairment. Defendants who plead guilty will be sentenced to six months of probation and a $350 fine. They can keep their driver's license. They will have the stigma of a criminal conviction, but that can be expunged after seven years.
The DA notes that, in some ways, this will be less onerous than ARD. It will cost a Defendant far less than ARD and he will still be able to drive. But the plea must be made at the time of arraignment.
Bad news for jerry pritchard
ReplyDeletePritchard is not a first offender. He is on at least his 3rd DUI. ARD would not have applied even before this policy shift
DeleteI am not sure I agree with non-uniform justice across the state. The requirement of a plea at the time of arraignment may cause a panic decision without consideration. I simply think "plea at the time of arraignment " sounds like Boss Hogg justice.
ReplyDelete3:52, We've always had differences among the counties. The requirement of a plea by arraignment is designed to encourage a fast guilty plea and get rid of the case at the time of the cattle call. Of course it is Boss Hogg justice. We have had that now for many years and I intensely dislike this attempt to move cases through so judges can be home by noon.
DeleteIt should not be easier to become licensed as a judge than licensed as a barber, who will work until 5 each day. I trust barbers more than NorCo judges.
DeleteAgreed. Norco justice system is a sick joke. I use the term justice very loosely.
DeleteI have always been against ARD for DUI because, my understanding is, if you were nabbed again, the first offense wasn’t considered. Perhaps I have that wrong, but if right, I considered a worrisome policy. DUI is an incredibly serious offense, so I am glad ARD won’t be given. Now, what is happening with Stan, who was expected to get ARD before strike two? Hemorrhaging clients and law office building being sold. No updates?
ReplyDelete6:43, You are as capable as I am at looking at the online docket, but as it happens, I do have a story about Margle. It's not what I expected.
DeleteMargle is not before the Court for a pending DUI unless Bernie has a new story to publish.
DeleteThat decision came out on May 30th. That means it took the DA 3 months to read that decision and then make this stupid decision.
ReplyDelete"There shall be no exceptions to this policy without the approval of the District Attorney or his First Assistant District Attorney." Glad they are still willing to make exceptions for people who they like.
ReplyDeleteOh yeah. The connected will still quietly get ARD for DUI.
DeleteI was in Lehigh county dui court yesterday. Judge Anthony flagged two thirds of the entire ard list to be discussed at the bench personally
ReplyDeleteLucky that Lehigh still has a dui court. Our mdjs sued to end dui court in Northampton
DeleteDefense attorneys are up in arms about this. I think most defendants would prefer to pay more for ARD and take the license suspension.
ReplyDeleteBernie, you've also neglected to report the numerous screwups by one of the ADAs:
https://www.lehighvalleynews.com/northampton-county/dcpd-man-who-attorney-says-served-his-sentence-will-return-to-prison-in-april-northampton-county-judge-rules
https://www.lehighvalleylive.com/bethlehem/2025/08/no-restitution-no-admission-of-guilt-for-4-accused-of-590k-fraud-at-lehigh-u.html
Those are the two that made the news. His reward? Promotion to Deputy DA and leader of the new Auto Task Force back in May. Add this to the already top heavy list of males who hold higher positions in that office.
I'm not here to join your anonymous attacks upon an assistant DA. By the way, you are a coward.
Deleteplead guilty in the blind without discovery
ReplyDeleteNo, the guilty plea by arraignment presumes discovery has been provided.
DeleteDiscovery not given til after arraignment that is the law , you have two weeks after to request it , Ed Angelo got shot for opposing being forced to plea or take ard before discovery
DeleteWas this brought to Goofredo's attention? Now that he thinks he is in charge of ALL administrative decisions I hope this won't be a surprise for him. No one wants to hear him crying over this too!
ReplyDeleteSo first time offense you could be three times the limit you get a small fine and probation. Wow.
ReplyDeleteYou obviously failed to read the memo. A person three times the limit would NOT get a small fine and probation.
DeleteI take that as in MOST cases regardless of blood alcohol level you can plead guilty to lowest level, pay a fine, and get 6 months probation. Did I miss something in your summary?
DeleteI had to take my ex to one of those ARD programs. It was at some dude's house who (she alleges) just talked about Jesus, hunting, and ugly women in bars. So, yeah.
ReplyDeleteLol that’s funny.
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