Everyone makes mistakes. Unfortunately, the price we pay for those mistakes can sometimes be quite high. Perhaps we are in the wrong place at the wrong time, exhibit a momentary lapse in judgment, or even get accused of doing something we did not actually do. Whatever the circumstances, being arrested and facing criminal charges is a serious matter and something which could have permanent repercussions, both now and in the future. If you have been charged with a misdemeanor or felony crime , there is a potential way to get these charges dropped and removed from your record. Through South Carolina’s pretrial intervention programs, first time offenders may be able to avoid a criminal court trial, get a fresh start, and put their criminal charges behind them.
Eligibility For Pretrial Intervention Programs
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Under Section 17-22-10 of the South Carolina Code of Laws, the Pre-Trial Intervention Act gives the solicitor’s office of each circuit court in the state the choice to either prosecute a person charged with a crime, or to divert their criminal charges and refer them to a pretrial intervention program (PTI). In making this decision, the solicitor will consider the specific circumstances surrounding a crime, as well as the individual circumstances and character of the person accused of committing the crime. PTI is an alternative to facing a criminal court trial, enabling the charges to be dropped and the person’s criminal record to be cleared upon completion of the program. In order to be eligible for PTI in South Carolina , the following qualifications must be met:
- This must be the first time the person is being considered for PTI;
- If released, the person poses no threat to the community;
- They have no significant prior criminal history;
- It is unlikely the person will be involved in further criminal activity;
- There is a strong likelihood that they will benefit from the program;
- It is determined that the needs of the individual as well as those of the state will be best served through the PTI program.
In order to have your charges dropped, you must complete the entire PTI program, which generally can take anywhere from six months to a year. You will be required to perform community service, attend counseling, and submit to random drug testing. If you fail to complete the program, your charges will be reinstated. Both misdemeanor and felony charges can be referred to PTI; however, alcohol related offenses are not eligible. Instead, these offenses are referred to the Alcohol Education Program.
Alcohol Related Charges
Similar to PTI, the Alcohol Education Program (AEP) is also operated through the solicitor’s office. Like PTI, AEP involves community service, attendance at counseling, and drug testing. Charges are dropped upon successful completion of the program. In terms of eligibility, the program differs slightly from PTI in that it is only available for offenders aged 17 through 20. You or a loved one may be eligible for pretrial AEP for any of the following offenses:
- Purchase or possession of alcoholic beverages by an underage person;
- Open container in a vehicle;
- Public intoxication;
- Disorderly conduct; and
- Using a fake I.D.
Contact an Experienced Criminal Defense Attorney Today
If you or a loved one is facing criminal charges, contact an experienced South Carolina criminal defense attorney today at Lauren Taylor Law. Greenville attorney Lauren M. Taylor provides the aggressive legal representation you need to defend you against your charges and ensure the best possible outcome in your case. Contact an attorney to discuss your charges and any potential options that may be available. Our office serves all of upstate South Carolina, so call us today at (864) 326-2888 for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.