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Should I disclose the fact I was falsely accused of insurance fraud and I wanted it to go to court if it got past preliminary but on day of preliminary, I was coerced and under duress and took the ARD. Now, I have to use a public defender

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Location: Harrisburg  |  Law type: Criminal defense attorney
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Falsely accused of insurance fraud after helping to file a claim with the person who had thousands of dollars in tools stolen from his work trailer. The detective never spoke with me while doing his investigation, which obviously was not thorough. He wanted to meet me at Township building and I thought he wanted to talk about the incident, but he accused me of committing the crime. I was outside of the courtroom at the prelim hearing waiting to be called and the lawyer came out every 15 minutes to ask me if I decided to take the ARD until I caved. I was so mad at myself and I was mad at him because he knew I didn’t want to take an ARD from the beginning if offered. I had nothing to do with the crime. I never stepped foot in that trailer after I discovered it had been vandalized. To me, it was a crime scene. I received an email from him saying he will not be going with me to the formal arrangement. He quit. I would like the opportunity to have a preliminary hearing But honestly, I can’t afford a lawyer now. I was Recently offered a job that I really wanted. I was told they do background checks and I wonder I don’t know the answer if I should email this employer and tell them what they will see regarding criminal history and I don’t know how to explain her to say it is a false accusation

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The response provided below is specific to Criminal defense attorney in the jurisdiction of Harrisburg. If the response is inadequate, please submit a detailed inquiry.

1. Disclosing ARD to a Potential Employer
Since you have entered into the ARD program, it’s important to note that ARD is not a conviction. The purpose of ARD in Pennsylvania is to give first-time offenders a chance to have charges dismissed and eventually expunged upon successful completion of the program. However, since ARD does appear on background checks while you are in the program, it may still raise concerns for your employer. Here's how to approach the disclosure:

  • Be Honest but Focus on the Positive Outcome: You may want to send a brief email explaining that while you were accused of a crime, you chose to enter the ARD program to quickly resolve the matter without the costs and stress of a lengthy legal battle. Emphasize that ARD is a first-offender program, and once you successfully complete it, the charges will be dismissed and can be expunged from your record.

  • Highlight Your Innocence and Cooperation: Since you were falsely accused and did not commit the crime, mention that fact. You could explain that you were not given an adequate chance to defend yourself before being pushed into ARD. Emphasize that you cooperated fully with authorities throughout the process.

Sample Disclosure Email:

Dear [Employer’s Name],

I wanted to take a moment to explain something that may come up during the background check process. I was recently accused of being involved in an insurance fraud case. While I was not involved in the crime, I chose to participate in a legal program called Accelerated Rehabilitative Disposition (ARD) to resolve the issue quickly and avoid the stress and costs of a drawn-out trial.

ARD is not a conviction, and once I successfully complete the program, the charges will be dismissed and can be expunged from my record. I wanted to be upfront with you and assure you that I have always conducted myself with honesty and integrity, and this situation was a misunderstanding that I am resolving through the legal system.

Thank you for your understanding, and I am happy to discuss this further if needed.

Sincerely,
[Your Name]

2. Reconsidering the ARD Decision
If you feel that you were coerced into taking the ARD, you could discuss with a public defender the possibility of withdrawing from the program and reopening the case. However, this is a complex legal process and may require a formal motion to the court. If you strongly believe in your innocence, a public defender could help you pursue a defense in court, but it’s important to weigh the risks.

3. Expungement
Once you complete the ARD program, you should apply for expungement as soon as possible. Expungement will remove the record of the charges from your criminal history, preventing future employers from seeing it during background checks.

Disclaimer:

This information is intended for general guidance and does not replace professional legal advice. Consider consulting with a criminal defense attorney or your public defender to understand all of your options and next steps in this process.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Criminal defense attorney

A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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"Should I disclose the fact I was falsely accused of insurance fraud and I wanted it to go to court if it got past preliminary but on day of preliminary, I was coerced and under duress and took the ARD. Now, I have to use a public defender"

Criminal defense attorney Harrisburg

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