Diversion programs offer criminal defendants the chance to have an offense expunged or have charges dismissed. A diversion program allows a defendant to be diverted from court while deterring the individual from committing future crimes. Unfortunately, not everyone qualifies for diversion programs, and adults can apply only once in a lifetime.
So, while a first-time offender may qualify for diversion, someone facing subsequent charges will not. Our defense attorneys in Greenville, SC, can explain the consequences and ensure you understand your legal options.
What is a Diversion Program?
A diversion program provides defendants a second chance after committing a criminal transgression. Greenville County is part of South Carolina’s Thirteenth Judicial Circuit, which provides rehabilitative programs for former offenders. Successful completion of the program will allow you to avoid a conviction and have drug possession charges dismissed. Again, you will only qualify as a first-time offender.
Types of Diversion Programs in Greenville County
Pre-Trial Intervention
Pre-trial intervention (PTI) often includes community service work, program fees, random drug testing, individual or group counseling, and restitution to the victim. Generally, PTI lasts approximately 90 days. In addition to being a first-time offender, the following criteria must be satisfied:
- The defendant is at least 18 years of age
- The defendant is referred by the Circuit Solicitor or a magistrate/municipal court judge
- Justice is best served by placing the defendant in an intervention program
- The defendant has no significant criminal record and has not participated in a PTI before
- The defendant is likely to respond quickly to a rehabilitative program
- The defendant is unlikely to reoffend or pose any threat to the community
Mental Health Court
While only available in select jurisdictions, the Greenville Mental Health Court provides psychiatric treatment to mentally ill persons. Of course, the circumstances surrounding your case will determine your eligibility.
To qualify for Mental Health Court, you must:
- Be diagnosed with a mental illness
- Have committed a misdemeanor or non-violent felony
- Be able to understand the terms and conditions of the program
- Have no other pending cases
- Not pose a public threat
- Be a Greenville County resident
- Be referred by a defense attorney, magistrate or municipal court judge, detention center staff, law enforcement official, solicitor, or mental health professional
Your specific charges will determine the length of rehabilitation, with the program lasting at least six months. During this time, the participant must remain in constant contact with their treatment provider, perform random drug testing, and attend scheduled court appearances. Unlike PTI, which allows an individual to avoid a conviction, the Mental Health Court is post-adjudicatory (you must first plead guilty). However, successful completion of the program will result in the dismissal of the charges against the defendant.
Traffic Education Program
If your drug possession charge includes an accompanying traffic offense, you may be eligible for the Traffic Education Program (TEP). Successful completion will allow you to have traffic tickets dismissed and maintain a clean driving record. To qualify, you must have committed a minor traffic violation that was punishable by a fine and no more than four points against your license. If you have a commercial driver’s license, you do not qualify for the program. Additionally, you must have no substantial history of traffic violations and be a first-time TEP participant. However, prior PTI participants are eligible to apply.
Guidance in Preserving Your Record and Reputation
If you want to learn how to clear your record and preserve your reputation, our Greenville drug charge defense attorneys are ready to assist you. We will discuss the diversion programs available to you and help you prepare your application. Many of these programs require referrals, personal identification documents, and other paperwork, as well as an application fee. Having knowledgeable counsel guide you will reduce your chances of being denied from the program due to a technicality.
Speak with Our Greenville Drug Charge Defense Attorneys
A first-time drug possession charge can result in prison time, steep fines, and collateral consequences. If you have found yourself on the wrong side of the law, our Greenville drug charge defense lawyers would like to speak with you. For nearly 30 years, our legal team at Eppes & Plumblee has found practical solutions for individuals found in possession of a controlled substance. To arrange a free consultation, we can be reached online or by calling (864) 581-3450.