Office of the Solicitor - 10th Judicial Circuit - Anderson and Oconee Counties SC

Pre-Trial Intervention

864-260-4042

What is Pre-Trial Intervention?

PTI is a diversionary program created by the South Carolina Legislature in 1980. It is designed for first-time offenders of certain general sessions, magistrate, and municipal court non-violent crimes. This legislation allows the qualified offenders to be diverted from court. The individual is placed in a program which consists of counseling, education, community service, restitution, drug testing, prison tours, and/or other such requirements. Successful completion of the program requirements allows the offender's arrest record to be expunged (destroyed). The goal of this program is to give first-time offenders a second chance. Offenders may participate in this program only one time. PTI is a self-supporting program under the control and supervision of the Tenth Circuit Solicitor's Office and is supported through cooperation of judicial, law enforcement, and community services agencies.

Who is eligible for Pre-Trial Intervention ?

The Pre-Trial Intervention Act of 1980 states that PTI shall be appropriate where:

* Justice will be served by placing the offender in an intervention program
* The needs of the state and the offender will be better served outside the traditional criminal justice process
* The offender poses no threat to the community
* The offender is unlikely to be involved in further criminal activity
* The offender is likely to respond to rehabilitative treatment
* The offender has no significant prior record

HOW DOES PTI WORK?
-Application
The applicant will bring to the solicitor's office the warrant or ticket, picture identification, social security card, and an application fee. An interview will be conducted to gather information about the arrest and background information.

-Investigation
The PTI staff will contact all parties involved in the case for recommendations. A complete criminal background check is conducted.

-Approval
The Office of the Solicitor makes the final decision regarding admission into the program. If the defendant is denied, the case is returned to court for full prosecution. If the defendant is approved, the case will be scheduled for orientation.

-Orientation
The applicant will pay a PTI participation fee which is set forth by legislation. The requirements for completion of PTI are assigned at this time.

-Dismissal
Upon successful completion, the Expungement Order for destruction of arrest records will be awarded. If the defendant does not comply with the program requirements, the case will be returned to court for full prosecution.

PROGRAM REQUIREMENTS

-EMPLOYMENT OR EDUCATION
Applicants must verify employment and/or education by submitting a current check stub, statement from the employer, class schedule, or school identification. If an applicant is disabled the disability must be verified.

-COURT OBSERVATION
Applicants may be required to attend court. The case manager will arrange the specific dates and times for court observation.

-REPORT ON THE LAW
Each applicant must complete a report on the law they violated. A copy of the law and a report must be submitted. The report must include an overall summary of what the law states, the fines and sentences that apply, and a general explanation of what happened when the offender was arrested.

-DRUG TEST
Applicants may be randomly tested while in PTI. A negative drug test result is required in order for successful completion.

-COMMUNITY SERVICE WORK
Applicants are required to complete up to 50 hours of community service work at a non-profit organization. Hours will be verified by the organization.

-COUNSELING
All applicants must complete a counseling program. Counseling requirements will be determined by the solicitor, law enforcement, and the PTI staff.

-ALCOHOLICS ANONYMOUS OR NARCOTICS ANONYMOUS
Applicants may be required to attend AA or NA. Attendance must be verified by AA or NA sponsors.

-PRISON TOUR OR GET SMART PRESENTATION
Each applicant must attend either the prison tour or Get Smart presentation. Get Smart is a program where inmates give an account of how they ended up in prison.

-RESTITUTION
Applicants are required to pay restitution. Restitution is determined by the prosecuting solicitor based on information received from the victim, the arresting agency, and statutory guidelines.

PRE-TRIAL INTERVENTION OFFICE
Anderson County Courthouse
130 West Whitner Street Anderson SC 29624
864-260-1030 (fax) 864-260-4042 Phone (Anderson)

Oconee County Courthouse
415 South Pine Street Walhalla SC 29691
864-638-4294 (Oconee)

Application and Instructions for Expungement. Under South Carolina Law there are certain criminal charges that may be removed from your criminal records. This document contains explanation and application for expungement.

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