What Is Pretrial Intervention (PTI) in South Carolina, and Who Qualifies?

When you’re facing criminal charges in South Carolina, you may qualify for Pretrial Intervention (PTI). It’s important to know what PTI is and how it works.

Our experienced Columbia criminal defense lawyers at Shealey Law Firm explains PTI and who qualifies in South Carolina.

What Is Pretrial Intervention in South Carolina?

Pretrial Intervention is a judicial program that allows offenders to resolve criminal charges without a criminal conviction. The process occurs before trial and without a guilty plea.

The person does things, like counseling, community service and paying restitution. If they complete the terms of their pretrial intervention, the charges are dismissed. Then, the person can apply to expunge the record.

S.C. Code § 17-22-10 et. seq. is the South Carolina Pretrial Intervention Act.

Who Is Eligible for PTI

You may be eligible for PTI if:

• Justice. Justice can be served through the PTI program.
• Appropriate. PTI can meet the needs of the offender and the state.
• No threat. The offender is not a threat to the community.
• Los risk. You’re not likely to engage in additional criminal activity.
• Rehabilitation. Rehabilitation will probably be successful.
• Criminal history. You have no significant criminal history.
• First PTI. You’ve never been in a PTI program before.

Ultimately, it’s up to the solicitor to decide if you’re a candidate for PTI.

Who is not eligible for PTI?

You are not eligible for PTI if:

• Previous PTI. You already did an intervention program.
• Drunk driving. You’re charged with DUI.
• Traffic. The charge is a minor traffic offense.
• Fish and game. Certain fish, game and wildlife offenses don’t qualify.
• Violent. The crime is a violent crime.
• Domestic violence. You have a previous domestic violence conviction.
• Minor. You are under 18 years old.

There may be some exceptions. Always talk to an attorney about your options.

Which Offenses Qualify and Which Don’t

PTI is for first-time offenders facing minor offenses. Common offenses are shoplifting, theft, destruction of property, drug possession, disorderly conduct, and domestic violence.

Note: There is a separate Traffic Education Program for minor traffic offenses. See S.C. Code § 17-22-300 et. seq. There is also an Alcohol Education Program for minors in possession (MIP) and other alcohol-related charges. See S.C. Code § 17-22-500 et. seq.

How to Apply for the PTI Program

The Solicitor refers General Sessions cases to the PTI program. In lower courts, such as the Summary Court and the Magistrate Court, the magistrate or judge can refer cases to the PTI.

You apply to the Solicitor’s Office in the county where you are charged. You’ll need a copy of your court documents, identification, Social Security number, and contact information. They may ask you about your criminal record, education, employment history, personal history, and psychological testing.

There are program fees. There are additional expungement fees.

When to apply

You must apply within 75 days of service of the warrant or 10 days after appointment of an attorney. The solicitor or judge can waive the deadline.

Does the victim have to approve?

No. The victim can give input into your participation. However, they don’t have the final say.

Speedy trial waiver

To participate in PTI, you must waive your right to a speedy trial.

What Completing PTI Requires

Your PTI program will be personalized. It may include:

• Check-in. With your program supervisor.
• Community service. 30-60 hours is typical.
• Drug testing. No illegal drug use.
• Treatment. Substance abuse and life skills counseling.
• Restitution. If it applies in your case.

How long is the SC PTI program?

Most South Carolina PTI programs last 4-12 months.

What happens if you don’t complete the PTI program?

If you don’t complete the PTI program, criminal proceedings start again. You can still fight the charges against you and go to trial. Failing PTI may make it harder to get a favorable plea bargain, but you may still discuss non-trial resolutions.

How PTI Connects to Expungement

When you complete PTI, you can apply for expungement. This can be extremely valuable for employment, education, and professional licensing.

An attorney can explain the process and how expungement may help in your case.

See S.C. Code § 17-22-910(7).

Is pre-trial intervention right for me?

Whether pre-trial intervention is right for you depends on several factors. You may consider:

• Strength of the charges. Your likelihood of success if you go to trial.
• Ability to complete. If you’re confident, you can complete your program.
• Trial. If you want to avoid formal court proceedings.
• Expungement. The benefit of having your charges expunged.
• Time. You may start the pre-trial program quickly, rather than wait for court.
• Jail time. If you complete the program, you won’t go to jail.
• Guilt. You don’t have to admit guilt to participate in the program.

It’s important to understand how participation can benefit you, what’s required, and program limitations.

Why an Attorney Improves Your Odds of Acceptance

Your attorney can help you gather the information needed to complete your application and explain why you’re a qualified candidate.

They can also discuss terms of participation with the solicitor. This can increase your likelihood of success in the program.

Contact Us

See if you qualify for Pretrial Intervention (PTI) and get help with your case. Call or message us at Shealey Law Firm now.