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Toll-Free: 888-230-1841
Phone: 864-582-0416
Holland & Usry, P.A.

Can my criminal domestic violence case go to Pre-Trial Intervention?

Maybe, if the circumstances are exactly right.

Let’s start off by examining whether you would want Pre-Trial Intervention (PTI), because that’s the easy part. The answer is YES. PTI is no picnic, but it’s better than the possibility of jail time and hefty fines that could result from a Criminal Domestic Violence (CDV) conviction. And here’s the best part- completing PTI gets your case dismissed and the charges removed from your criminal record.

Unfortunately, you don’t get to decide to take PTI instead of a criminal conviction. You can request PTI, but the decision to give you a break is out of your hands.

You Get PTI Only If a Lot of Cards Fall Your Way—But Your Attorney Can Shift The Odds in Your Favor

Let’s say you’ve been charged with CDV, third degree. More serious levels of Criminal Domestic Violence don’t allow for Pre-Trial Intervention.

Next, you would have to convince the State and the victim to allow it. You cannot demand PTI; rather, the State and the victim must agree.

If you’ve been charged with third-degree Criminal Domestic Violence, PTI can be a pearl of great price, especially since it can erase the stain of a conviction and prevent the anxiety of the charge hanging over your head while the case winds its way through the courts. These cases often feature emotional victims and prosecutors who feel public pressure to obtain convictions. You’ll need an experienced lawyer who can defend your case to win it and skillfully negotiate your ability to apply for the program.

If you hope for your CDV to end with it being wiped off your criminal record, call us at (864) 582-0416 or (888) 230-1841 to discuss building a two-part defense to win in the courtroom and at the conference room negotiating table. Let us give you the best shot at Pre-Trial Intervention.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.