What is a VOP Early Case Resolution (ECR) In Sarasota and Manatee?
A violation of probation (VOP) Early Case Resolution (ECR) court date is exactly as it sounds: it is an opportunity for a felony VOP case to be resolved (or finished) early. This can sometimes result in the defendant getting out of jail, and back on probation, quicker than if the defendant had a regular VOP court date.
Are You Eligible For ECR?
In order for a felony VOP case to be resolved at ECR the defendant needs to be determined to be “eligible” for ECR by State Attorney’s Office. Typically, one is eligible for ECR if they have a technical violation(s) (“dirty” urine test, late for a curfew, missed a probation appointment, etc.). A person will generally not be eligible for ECR if there is a new criminal charge violation (they picked up new criminal charges), or if the defendant is a VFO (violent felony offender).
It Is Best To Hire An Attorney Well Before The ECR Court Date
If an ECR date is scheduled for a VOP it is often in the defendant’s best interest to hire a criminal defense attorney right away. An attorney can investigate the reason for the alleged violation and attempt to negotiate the best deal possible before the ECR date.
If it can be determined that the defendant has a valid defense to the technical violation (such as being late for curfew and it was out of his or her control or missing an appointment and it was unintentional), the prosecutor may agree to not proceed with the VOP and drop the case, or to allow the defendant to be placed back on probation (and released from jail) at the ECR court date.
We Can Sometimes Work Out An Offer That Will Get You Out Of Jail
If the Defendant has no valid defense to the VOP it still may be possible to negotiate with the State Attorney for the best deal possible to be offered at the ECR date. If no deal is worked out prior to the ECR date and the State Attorney’s Office makes an offer that the Defendant does not want to accept, then the case will likely be continued by the Judge to another court date called a VOP hearing. The VOP hearing date is typically about one month after the ECR date.