What is ERC? Do I really need a criminal defense lawyer?

Sean C. O’Halloran
Experienced State and Federal Criminal Defense Attorney
Main Office: Ft Myers, Florida

June 18 2018

If you get arrested in Ft. Myers, arrested in Cape Coral or arrested in Lee County and you go before a Judge, you may be told that your case qualifies for ERC. Most people do not know what that means. The public defender may tell you that you do not need to hire a lawyer and that ERC is an easy and quick way to end your case. They may tell you that it is the best way to resolve your case.

Here are the facts!

ERC means Early Resolution Court. That may or may not be a good thing. On a positive note, that is an indication that your felony charge is not one of the more serious ones. It might be something like possession of cocaine, grand theft shoplifting, or the illegal use of a credit card or some type of felony battery. Some “plea bargains” are not really bargains. The State may be offering you probation on a charge that they were never going to file anyway. They may be offering you “Diversion” on a case they were going to have to drop. For example, if you were in a car that was illegally stopped, and if the police found some weed or pills in the car, they may have arrested everyone in the car. The prosecutor may realize that he has no case because of an illegal search and seizure or, he may realize that if there was more than one person in the car he has no proof the drugs were yours. It is easy for him to get you locked into some type of probation by offering you probation at ERC.

The number one reason people get arrested in Ft. Myers is for a probation violation. Probation for some people is a trap. For some people, there is no way they are going to make it. If you have an addiction, you are not going to make it. You will get violated. The Early Resolution Court makes the criminal justice system less crowded, and in some instances, if your case is hopeless, it may sound like a good way to go…but…you really should talk to a real lawyer.

Initial consultations are free with most law offices. Call before you make a decision. If you jump on the first deal they offer, you may regret it down the road. There is an old saying that a person should “look before they leap”. If you have not had a private one on one conversation with the public defender about the individual facts of your particular case, how can you make an intelligent decision? Our firm represents people on probation violations all the time. Sometimes, by the time they get to us they have already entered a plea and given up great defenses. You need to talk to a good lawyer before you take a deal….not when it is too late.

Click Here to visit our full website:Aiken O’Halloran & Foley Ft Myers Experienced Criminal Defense Law Firm