ARD

Maryland PBJ is a “Prior Offense” of DUI in Pennsylvania

Almost eveyrone that is arrested in Pennsyvlania for suspicion of DUI immediately heads to Google to search.  They want to know what is going to happen and what penalities will be imposed for a conviction.  There are very severe mandatory minimum sentences for a Pennsylvania DUI conviction, and those sentences are increased substantially if the… view more

Prosecutor’s Denial of ARD Upheld by Superior Court

Many first-time DUI offenders participate in a pretrial diversionary program called Accelerated Rehabilitate Disposition (ARD) that allows a person to have the charges dismissed and expunged upon completion of the program requirements.   Whether a person is approved to participate in ARD is generally up to the District Attorney in the particular county, and the District… view more

Pennsylvania ARD No Longer a Prior Offense of DUI

The Pennsylvania Superior Court issued a ground breaking decision and held that participation in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program for a DUI offense cannot be used to treat a subsequent driving under the influence case as a second or subsequent offense for mandatory minimum sentencing purposes.  This decision will have a huge impact on… view more

Ohio Judge Imposes Unique Sentences on First Time Offenders

After being a criminal defense attorney in State College for almost 11 years, I have seen Pennsylvania judges impose sentences on thousands of people, and those sentences generally include a period of jail time, probation, community service, payment of costs and fines, and completion of counseling. The sentences are relatively uniform, and in many cases,… view more

Pennsylvania District Attorneys Are Gatekeepers to First-Time Offender Program Called ARD

A recent Dauphin County case has brought attention to who decides whether a person charged with a criminal offense is permitted to participate in a pretrial diversionary or first-time offender program known as Accelerated Rehabilitative Disposition, commonly called “ARD.” With the ARD program, a person pleads not guilty to the criminal charges, but the person… view more