PTI in South Carolina

by | Dec 7, 2018 | Blog Posts, SC Criminal Defense | 0 comments

Pre-Trial Intervention (PTI) in South Carolina Criminal Cases

 South Carolina PTI for criminal charges – When someone has been charged with a crime,there are several ways a criminal case can end. Most commonly there are dismissals, guilty pleas, findings of guilty, and findings of not guilty in atrial.  A good criminal defense attorney, however, will let you know that there are not only other variations of these outcomes, but there some other options entirely.

North Carolina, for example has conditional discharges, which can be a great option for some.  In South Carolina there is something called Pre-Trial Intervention (PTI). In this blog we will talk about what that is and what it means for someone charged with a crime in South Carolina.

 What is PTI?

 PTI is a program aimed at keeping someone accused of a crime from having a criminal conviction on their record. 

  • It is designed for first time offenders of non-violent crimes.
  • It consists of education, counseling, community service, drug testing, and other requirements that the participant must complete.
  • Successful completion allows for the arrest record to be destroyed
  • The goal of the program is to give first time offenders a second chance.
  • Offenders may only participate in PTI one time.

 Who is eligible for PTI?

 Some charges, such as violent crimes and DUI are not eligible for PTI. Further the PTI act of 1980 states that PTI shall be appropriate when:

  • Justice will be served by placing the offender in an intervention program,
  • The needs of offender and state can better be met outside the traditional criminal justice practice,
  • The offender poses no threat to the community,
  • The offender is unlikely to be involved in further criminal activity,
  • The offender is likely to respond quickly to rehabilitative treatment,
  • The offender has no significant prior criminal history.

  Other information about PTI 

  • PTI will clear the charges as if you were never arrested.
  • If are charged with a crime that may include forfeiting your license, then PTI will enable you to keep your license as long as you complete the program.
  • PTI requirements are to be completed within three months of the orientation date.
  • There is a cost of registration for PTI.

Procedure regarding PTI

  • Application – The offender has to bring the warrant or ticket, and picture ID, social security card and a $100 money order.  An interview will be conducted.
  • Investigation – The PTI’s staff will contact all parties involved in the case for recommendations and run a report of the offender’s criminal history.
  • Approval – The solicitor will make the final decision as to the admission to the program. If accepted, the case will be scheduled for orientation. If rejected,the case will be returned to the court for prosecution.
  • Orientation – the offender will pay the $250 participation fee and will be given the requirements for completion.  If terminated for failure to comply with the program requirements, the case will be returned to the court for prosecution.
  • Dismissal – Upon successful completion, the participant will be eligible for an expungement order.  The order must be requested through the diversion office and will be prepared once an administration fee is received.

 **Keep in mind, though PTI helps with criminal charges,it does not help with any immigration consequences that come with criminal charges.

 Criminal charges can carry serious consequences and should be taken seriously. A criminal defense lawyer can help you navigate through these matters and give you some peace of mine.  If you need a York criminal defense lawyer, contact us.  At Gilles Law, we handle criminal matters in North Carolina, South Carolina, and in federal courts.








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