Commonwealth v. Jenkins, B., Aplt.

Summary

The Court held that a defendant’s participation in ARD may not be revoked based on an uncharged, pre-admission arrest when the ARD application did not ask about such arrests and the defendant truthfully answered every question. It rejected revocation based on an implied condition or on preserving the spirit of the program because revocation must rest on a specified condition that the defendant violated during participation. The Court therefore reversed and remanded the Superior Court’s order.