Facing a domestic violence charge can be an overwhelming and stressful experience. In Columbia, South Carolina, one potential avenue for resolving such cases is through the Pre-Trial Intervention (PTI) program. This blog explores the ins and outs of PTI and whether it might be the right choice for your case.
What Is PTI?
Pre-Trial Intervention (PTI) is a diversion program managed by the solicitor’s office. It allows eligible defendants to resolve their cases without going to trial or pleading guilty. Successfully completing PTI leads to the dismissal of charges and the expungement of public arrest records. While every county in South Carolina has a PTI program, not all solicitors’ offices permit domestic violence cases into PTI due to political considerations and "zero-tolerance" policies.
Who Can Qualify for PTI?
In counties that allow domestic violence cases into PTI, both misdemeanor and General Sessions charges may be eligible. PTI is particularly beneficial for individuals who are charged with multiple offenses, as all qualifying charges can be referred simultaneously. However, PTI eligibility and acceptance are not automatic—you’ll need approval from the prosecutor or arresting officer and the court.
Why Hire a Lawyer Before Pursuing PTI?
PTI is not always offered to every eligible defendant. A criminal domestic violence defense lawyer, like James Snell, can assess whether PTI is available in your county and advocate for your admission into the program. This should be done before your first court appearance to maximize your chances of acceptance. Additionally, having legal representation ensures that you’re prepared to protect your rights if PTI isn’t an option.
What Does PTI Involve?
If you’re accepted into PTI for a domestic violence charge, here’s what you can expect:
Community Service: Completion of 30 to 50 hours of service at an approved location. However, in some counties, recent procedural changes after COVID have allowed community service requirements to be substituted with a charitable donation.
Domestic Abuse Counseling: A 26-week course focusing on domestic violence prevention, attended weekly.
Drug Testing: Regular testing to confirm abstinence from drugs, including marijuana.
Program Costs: Approximately $1,200, including counseling fees, PTI program fees, and drug tests. Payments can be made incrementally.
PTI typically takes 7 to 9 months to complete. Upon successful completion, your charges are dismissed, and public records of your arrest are expunged.
Benefits of PTI
Participating in PTI can guarantee the best possible outcome for your case. Because PTI avoids trial, it eliminates the risk of an unexpected guilty verdict. PTI also allows you and your family to avoid contested court hearings, the public display of your case, and the uncertainty of a trial outcome. Additionally, since PTI participation does not require an admission of guilt, it’s an option for defendants who believe they are innocent or who dispute the charges.
Considerations for Specific Situations
Certain individuals, such as those planning to join the military, should consult both their defense attorney and recruiter before entering PTI. Military branches have access to records that aren’t publicly available and may require additional considerations for domestic violence arrests.
Is PTI Right for You?
PTI is worth considering if it’s an option in your county. However, the program’s availability and suitability depend on the specifics of your case and your personal circumstances. Consulting with a knowledgeable criminal defense attorney like James Snell is the best way to evaluate your options and make an informed decision.
We believe that the only one who can determine if PTI is right for a case is our client. In the event our client does not believe PTI is in their best interest we can pursue any other available option for resolving the case, including taking their case to trial.
Why Choose James Snell for Your PTI Case?
Attorney James Snell has been practicing domestic violence defense law for over 20 years and is the author of the book Challenging CDV, now in its third edition. He has the experience to screen your case for PTI eligibility and the skills to advocate effectively on your behalf.
At Snell Law, we’re here to guide you through the complexities of domestic violence charges and help you determine whether PTI is the right path forward. Contact us today to schedule a consultation and discuss your case. To schedule your consultation call our office at (803) 359-3301.