When an individual has been arrested and in the process his civil rights have been violated, he has the dilemma of navigating pending criminal charges and preserving any potential civil rights claim under 42 U.S.C. § 1983. In Heck v. Humphrey, 512 U.S. 477, 478, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the Supreme Court … Continue reading HOW DOES ACCEPTANCE INTO THE ARD PROGRAM AFFECT POTENTIAL 1983 CIVIL RIGHTS CLAIMS
Tag: ARD
ARD 101
ARD means Accelerated Rehabilitative Disposition. ARD is for first time non-violent offenders, or non-violent offenders, who have not committed any crimes in a decade or more, and with the latter it usually has to be a minor offense. ARD is usually a one time chance for an alleged offender to pay fines, restitution if applicable, … Continue reading ARD 101
DUI Courts – Proof second chances work & save the state money
I came across a recent article about the Blair county DUI court. This is something many of us in the criminal defense community have been arguing to get in every county for some time. Sure, many counties offer "ARD" or "IPP" or "STOP" programs, but those are primarily administered through the District Attorneys office of … Continue reading DUI Courts – Proof second chances work & save the state money
OCCUPATIONAL LIMITED LICENSE (OLL) – What You Need to Know
Many people always ask when they have their driver's license suspended if they can qualify for the Occupational Limited License (OLL), or more commonly called the bread and butter license since people use it to drive to and from work. I pulled this fact sheet directly from PennDOT's website in an effort to answer some common … Continue reading OCCUPATIONAL LIMITED LICENSE (OLL) – What You Need to Know