Pretrial Diversion Options in South Carolina: A Series - Part 2: the Pretrial Intervention Program (PTI)

In South Carolina, there are a number of pretrial diversionary programs that may be available to you depending on the nature of your charge(s), your prior record (if you have one), and other factors. In this series, we will be discussing the programs separately and providing you with the main information you should know about each. 

(To read Part 1 about Conditional Discharges, click here.) 

In this post, we will go over what you need to know about option #2: the Pretrial Intervention Program (commonly referred to as "PTI"). 

PTI is a diversionary program that is available to most individuals without a significant criminal record. Enrolling in the program requires a referral from the solicitor on your case - which makes it important to have an attorney who is skilled in negotiations and can obtain this offer for you. 

By law, PTI costs $100 to apply and once accepted, an additional $250 to enroll and participate. (Note: the fees may be waived if a person cannot afford the costs of the program; however, this is decided on a case-by-case basis and requires the solicitor's approval.) The program is mainly self-paced, but the length generally ranges from 90 days to a year depending on the circuit your case is in. 

Once enrolled in the program, you will meet with your case worker for an initial interview to go over the terms and determine your specific requirements. These requirements are decided on an individual basis and are typically based on a person's individual circumstances (mental health, criminal background, history of substance abuse, etc.), the type of offense(s) charged, and the details of the case itself. Common requirements may include community service, a donation, mental health counseling, drug/alcohol classes, and/or restitution (if applicable). 

The benefit of PTI is that if you complete the program successfully, your charge will be dismissed by the solicitor and you can then apply to have it expunged from your record. However, it is important to note that PTI is a one-time option and the fees are also non-refundable - so if you do not complete the program successfully, your case will continue pending and you will no longer be able to re-enroll in the future or receive a refund. 

If you are successful, expunging the charge is a separate matter (in other words, it does not happen automatically). This can take a few weeks and the $285 fee to apply is also non-refundable, so it is recommended to hire an attorney who is familiar with the process and can complete it quickly and correctly for you. 

Summary: 
➤ Who is eligible: individuals without a serious criminal record, and who have not previously been in the program
➤ Who may not be eligible: individuals charged with blackmail, DUI or DUAC, traffic offenses, a crime of violence (if you're not sure, see this chart), or who have been previously convicted of the same crime they are currently charged with 
➤ Costs: $350 ($100 to apply + $250 to enroll/participate) and costs of any requirements (see below) - can be waived in cases of indigency 
➤ Length: 90 days to 1 year (can depend on the circuit)
➤ Requirements: case-by-case basis - can include substance abuse classes, drug/alcohol testing, mental health counseling, community service, restitution, etc. 
➤ Benefits: if successful, your case will be dismissed and expunged from your record
➤ Expungement fees: $285 ($250 to solicitor's office + $35 to clerk of court)

If you believe you may qualify for the pretrial intervention program and/or an expungement, please contact us at (843) 849-4466 or submit an online form here to discuss your case.

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