MM - Fitzgerald Turned Down ARD on "Principle"

Allentown blogger Michael Molovinsky is reporting that Christopher Fitzgerald, who was acquitted earlier this week of charges filed in connection with a road rage incident involving two Lehigh County detectives, spurned an ARD offer on principle.

ARD, which stands for Accelerated Rehabilitative Disposition, is a special program for first offenders under which charges will be dismissed and record expunged after the successful completion of a probationary period. The District Attorney has total discretion on deciding who is and is not eligible. The fact that he was willing to offer it here is an indication that he was aware that the case against Fitzgerald had its weaknesses. But it also demonstrates that he was trying to be fair.

By refusing this offer and insisting on a jury trial, Fitzgerald plunged into a world of uncertainty. Lots of things can happen in a jury trial. Most of them are bad for criminal defendants. He is a very lucky man.

I have also spoken to several criminal defense lawyers who have appeared in front of Judge Kelly Banach. To a man, they have told me they consider her very courteous and patient. Although the news accounts certainly made her look biased in my eyes, I was not there and I believe it is unfair of me to make that assessment without watching her in action.