EARLY RESOLUTION VS. TRIAL OPTION
Early resolution versus trial option. I’ll first tell you what an early resolution meeting is. It’s often in these cases called the first step. It doesn’t mean you’re giving up any rights to trial. It is a, a meeting with the prosecutor one in which the evidence is not there and in most cases that means the officer is not present.
There is no evidence that’s heard and there is no judicial official, no judge, no justice of the peace that will be listening to the case and weighing the pros and cons. There will be some mild discussions about maybe what happened, maybe what didn’t happen. And, and in those cases, sometimes you will be offered some sort of a incentive to plea, maybe a reduction in a fine or maybe even a lesser offense. That is what an ER looks like, or an early resolution meeting. A trial is very different. It’s set for trial, and at that time everyone would be there. So the investigating officers would be there full disclosure obviously would be there.
It would be live in a courtroom where you would be in front of a justice of the peace, or a judge, and at that point in time, witnesses would be called, witnesses would be cross examined. Evidence would be disputed. Arguments would be raised. The goal of the defense is to raise a doubt. And if it’s accepted by the court at that time that it’s a reasonable doubt, if that happens, then what happens to the case is it becomes dismissed.
It’s like it never existed. So that is the difference between an ER and a trial.