pre-trial intervention Tag

by Alex Kornfeld

Am I Eligible For PTI?

Pre-Trial Intervention (PTI) in South Carolina

PTI, or pre-trial intervention, is a statutorily enacted pre-trial program that allows those charged with a crime in the state of South Carolina to escape the stresses of trial preparation, a lengthy trial, and a possible guilty plea or finding by a jury that one is guilty.

PTI has many advantages that traditional cases are not afforded.  For example, there is certainty in the outcome.  If a Defendant is eligible for PTI, it is entirely in that Defendant’s hands to enter the program, complete the program, and pay restitution if any is ordered.  This should give a Defendant the peace of mind that he controls his own destiny.  After the Defendant completes the program, the charges will be dropped.  At that time, a Defendant has the opportunity to have his record expunged.  Unfortunately, there are varying Court costs involved.  There is no flat line fee, but a Defendant can expect to pay approximately $300.00 in Court costs.

Several counties have a program similar to PTI for juveniles charged with a crime.  For example, Greenville County offers juvenile diversion services; the cost is currently $200.  Pickens County offers a similar program called the juvenile arbitration program.  It is important to note that while the programs in place for a juvenile charged with a crime are similar to PTI,  they are not the same, and there is no rule that states one that was enrolled in a program as a juvenile must be denied PTI as an adult.

Who Is Eligible For PTI?

The State has prosecutorial discretion when deciding whether a criminal defendant is eligible for PTI.  A solicitor will consider whether they will offer PTI on a case by case basis.  In laymen’s terms, a solicitor has the power to do what he or she wants to do.  That means a Defendant can be denied PTI for a crime that would otherwise be statutorily eligible for PTI.

Who Isn’t Eligbile For PTI?

Pursuant to the South Carolina Code of Laws, the following are NOT eligible for PTI:

• Persons previously considered for PTI;
• If the person is charged with:
  • Blackmail
  • DUI or DUAC
  • A traffic-related offense which is punishable only by fine or loss of points like a speeding ticket
  • The following fish, game, wildlife, or commercial fishery-related offenses:
  • resisting arrest by the use of force, violence, or weapons against an employee of the department while engaged in his duties, a law enforcement officer aiding in the work of the department, or a federally commissioned employee engaged in like or similar employment
  • night hunting deer or bear
  • killing or possessing a wild turkey during the closed season
  • roost shooting wild turkeys between official sunset and official sunrise
  • shooting wild turkeys over bait
  • trespassing to hunt waterfowl
• a crime of violence as defined in Section 16-1-60[i]
•  an offense contained in Chapter 25 of Title 16 (like CDV) if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

If you are still reading this article, I assume that you or your loved one may still be a candidate for PTI.  Talk with your lawyer and be proactive in your case.  There is only a certain window of time in which a Defendant is allowed to enter PTI. If you or your loved one fails to show initiative, a Solicitor has little reason to offer PTI and your lawyer may fail to mention it to you because he may not have the confidence that you will be able to complete the program.

Make sure that you or your loved ones take the process seriously; you should make sure you are an active participant in your case.

What You Need To Bring With You When You Apply For PTI

In most jurisdictions, when you apply for PTI you must have:

1. A $100.00 money order (That Means No Cash/No Check)
2. Your picture ID
3. Your Social Security Card
4. A copy of your warrant(s) or ticket(s).

Alex Kornfeld is a criminal defense lawyer in Greenville, South Carolina.  He primarily practices law in the area of criminal defense, family law, and small business law.