As amended through June 1, 2022
Rule 326 - Other Adp Procedures(A) If a defendant refuses to accept the conditions required by the judge, the judge shall deny the application to enter the ADP. In such event, the case shall proceed in the same manner as if these proceedings had not taken place.(B) If the attorney for the Commonwealth, or the supervising Probation Officer, files a motion or petition alleging that the defendant during the period of the program has violated a condition thereof, or objects to the defendant's request for an order of discharge from the program, the judge who entered the order for entry into the ADP may issue such process as is necessary to bring the defendant before the court. When the defendant is brought before the court, the judge shall afford the defendant an opportunity to be heard. If the judge finds that the defendant has committed a violation of a condition of the program, the judge may order, when appropriate, that the defendant's participation in the program be terminated, and that the attorney for the Commonwealth shall proceed on the charges as provided by law. No appeal shall be allowed from such order.(C) When the defendant shall have completed satisfactorily the program prescribed and complied with its conditions, the defendant may move the court for an order dismissing the charges. If neither the attorney for the Commonwealth nor the supervising probation officer object to the defendant's motion, the court shall dismiss the charges against the defendant. If either the attorney for the Commonwealth or the supervising probation officer objects to the defendant's motion, the court shall proceed as set forth in paragraph (B) above.(D) When the judge orders dismissal of the charges against the defendant, the judge shall also order the expungement of the defendant's arrest record unless the attorney for the Commonwealth objects to the expungement. If the attorney for the Commonwealth objects to the expungement, the judge shall hold a hearing on the objections.