Fourth Circuit Solicitor’s Office

 

More Information on Programs and Victim Services

Drug Court

Pretrial Intervention [PTI] for Adults

Juvenile Pretrial Intervention

(JPTI)

Worthless Check Unit

Community Juvenile Arbitration

Equine Assisted Therapy

Alcohol Education Program

Camps Turn Around & Turning Point

APPLICATION: At the initial interview, the offender pays a $100 application fee. Application must be accompanied by a social security card, driver’s license or other picture ID, and the warrant ticket.

 

 INVESTIGATION: All parties in the case are contacted and a criminal history on the offender is checked.

 

 APPROVAL: The Solicitor makes the final decision regarding admission into the program. If admission is denied, the case is returned to court.

 

 PARTICIPATION: The offender pays a $250 participation fee and completes all requirements of the program.

 

 DISMISSAL: Upon successful completion of the program, an Expungement Order for destruction of arrest records is prepared. Cost is $150 per Expungement plus a $35 Clerk of Court fee. 

PAYMENT: MONEY ORDERS ONLY are accepted as payment for fees.

If at any point the offender does not comply with the requirements of the program, the case will be returned to the court for prosecution.

 

WHAT ARE THE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE PROGRAM?

Participants must be employed or enrolled in school, Adult Education or a GED program if applicable. Most participants will be required to attend group or individual counseling in addition to at least 40 hours of community service work. Other requirements may include attending a prison tour and/or drug testing. Restitution or payment to the victim must be paid in full.

 

WHY SHOULD YOU PARTICIPATE IN PTI?

 

If you are convicted of charges by entering a guilty plea, or by being found guilty at trial, the conviction will remain on your criminal record for the rest of your life. PTI offers you a chance to clear those charges from your arrest record. Also, your driver’s license will not be revoked for charges which require revocation.

PROGRAM REQUIREMENTS

 

· Defendants must plead guilty and receive sentences.

· The sentence is transferred to the Drug Court 18-month program.

· Cost of the program to the defendant is $30 per week after the initial $100 application fee.

· Upon successful completion of Drug Court, the sentence is satisfied.

· Unsuccessful termination from the program leads to the sentence being activated.

 

DESCRIPTION

 

· The Fourth Judicial Circuit operates an in-house treatment program licensed by DHEC.

· The program is divided into four phases.

· The first three phases consist of outpatient counseling with treatment intensity decreasing as the patient progresses.

· Phase 1 is group counseling three times weekly for four months.

· Phase 2 is group counseling two times weekly for four months.

· Phase 3 is group counseling once weekly for four months.

· Phase 4 is a six-month probationary period. 

 

WHO IS ELIGIBLE

· Criminal activity must be related to the addiction.

· No violent crimes are eligible; “violent” is defined as causing harm to injury to persons and/or use of deadly weapons.

· Must be referred by a prosecuting attorney assigned to the case.

· Must have clinical diagnosis of addiction per assessment completed by a Drug Court clinical counselor.

· Prior offenders and Dual diagnosis persons may be eligible on a case by case basis; each requires further psychological evaluation.

HOW DOES JPTI WORK?

 

 INVESTIGATION: All parties in the case are contacted and a criminal history on the offender is checked.

 

 APPROVAL: The Solicitor makes the final decision regarding admission into the program. If admission is denied, the case is returned to court.

 

 APPLICATION: The juvenile offender must pay (by cash or money order) a $50 application fee at the initial interview, and be accompanied by a parent or legal guardian. The juvenile completes the application and is given certain requirements to fulfill within 90 days.

 

 PARTICIPATION: The juvenile offender pays a participation fee and completes all requirements of the program.

 

 DISMISSAL: Upon successful completion of the program, the defendant’s charge(s) are cleared.

 

If at any point the offender does not comply with the requirements of the program, the case will be returned to the court for prosecution.

 

WHAT ARE THE REQUIREMENTS? Participants must be enrolled in school, Adult Education or a GED program if applicable. Most participants will be required to attend group or individual counseling in addition to at least 20 hours of community service. Other requirements may include attending a prison tour, Operation Get Smart, Insiders, Camp Turning Point or Camp Turn Around, and drug testing. Restitution must be paid in full.

 

WHY SHOULD YOU PARTICIPATE IN JPTI? If you are convicted of charges by entering a guilty plea, or because you are found guilty at trial, the conviction will remain on your criminal record. JPTI offers you a chance to clear those charges from your permanent record.

 

 

The Worthless Check Unit operates within the Office of the Fourth Circuit Solicitor to provide for the collection and distribution of restitution to the victims of worthless checks. The Program transfers the collection process from the victim to the Solicitor’s Office, reducing the victim’s work and cost associated with collections.  The traditional prosecution of worthless checks is still the law. Participation by a victim in the Worthless Check Program is optional and FREE.

 

The worthless Check Program is self-sustaining under the control and supervision of Solicitor Hodge’s office and is supported through cooperation of the judicial system, law enforcement, Chesterfield County Council and community service agencies. Operational costs are recovered from the offenders, not the victim.

 

Upon full collection of a worthless check, the Solicitor’s Worthless Check Unit will issue a check to the victim for the full amount of the check plus any statutorily approved service charges.

 

COLLECTION PROCEDURE

 

· When you receive a worthless check and it meets the legal requirements, you may submit the check and Victim/Vendor Worksheet form to the Solicitor’s Office for collection. This relieves you of the burden of the traditional collection and prosecution process.

· The Solicitor’s Worthless Check Unit will contact the check writer, collect and disburse restitution to the victim. If restitution is not made pursuant to the requirements of the program, the check writer will be prosecuted to the full extent of the law.

 

CAUTION:  Once you submit a worthless check to the Worthless Check Unit, DO NOT ACCEPT PAYMENT IN ANY FORM FROM THE CHECK WRITER. This may void collection through the Worthless Check Unit after submission of a check.

 

 

Citizen Volunteers are the heart of this program

 

The department of Juvenile Justice makes a recommendation to arbitrate cases involving juveniles that have no prior record and have been charged with a non-violent crime.

 

 The Solicitor’s Office reviews the nature of the charges and determines if the case qualifies for the program. Once a case is accepted, all parties involved are contacted and an Arbitrator is assigned to the case. A hearing date is usually set within three weeks. 

 

The hearing is conducted by a trained Arbitrator who will:

· Determine the facts of the case

· Assist the participants of the hearing to negotiate an agreement of sanctions to be met in order for the juvenile offender to complete restoration and clear his or her record.

· Monitor the juvenile’s progress toward completing assigned sanctions.

 

Examples of Sanctions that may be imposed:

· Restitution for damages up to $500.00

· Donations to charitable organizations

· Education classes, assignments, or research

· Attendance at self-help groups or awareness programs

· Referrals to social service agencies for evaluations

· Jail Tours

· Community Service

 

 

The Fourth Circuit Solicitor’s Office is the first in the state to introduce Equine Assisted Therapy into abuse and dependency programs, as well as Domestic Violence Court.

 

The EAP program design is sponsored by EAGALA (Equine Assisted Growth and Learning Association).   EAGALA has trained over 3,000 professionals since the founding of the organization in 1999.

 

The EAGALA method has proven successful and is rewarding to the facilitators as well as the participants.

 

There is no horseback riding or mounted work involved in EAP.  It only involves ground work with the horses which reduces risk factors of personal harm or injury.

 

The focus of EAP is not on how to ride a horse or learning general horse skills.  It is about learning people skills and the horse is part of the teaching team.     

WHO IS ELIGIBLE?

1. Must be 17 to 21 years old

2. There is no evidence of prior arrests

3. Must be either in school, disabled or employed in come capacity

4. Likely to respond quickly to alcohol & drug education

5. Placement in the program will serve justice to the offender & to the state.

6. The offender is unlikely to be involved in further criminal activity

7. The individual poses no detectable threat to society

Anyone charged with the following offenses:

· Minor in Possession of Alcohol (Beer, Wine, or Liquor)

· OPEN Container

· Fake ID

· Transfer of beer to a minor

· Other Alcohol Offenses

· No Driving Alcohol Offenses are eligible

 

PARTICIPANTS OF THIS PROGRAM ARE NOT PARTICIPATING IN PTI & THEREFORE NOT LOSING THEIR ELIGIBILITY FOR PTI.

Funded strictly though charitable donations, this program offers a one-week intensive therapy camp at Cheraw State Park. The next step for these juvenile offenders would be incarceration. The camps have an 87 percent success rate of juveniles who never return to the justice system. Many citizens, churches, and civic organizations come together to make camp successful. We rely on companies to donate food, condiments, water, toiletries, canned drinks, and cleaning supplies. We also need volunteers, guest speakers, churches and/or organizations to prepare meals, ministers to do Vespers, and monetary contributions.  The Fourth Circuit Solicitor’s Office & Chesterfield Sheriff’s Department sponsor a golf tournament each year to help defray costs for the camp. Solicitor Jay Hodge is working toward year around weekend camps.

Victim’s Rights

 

The South Carolina Constitution guarantees certain rights to victims of crime.  You have the right to be notified of bond hearings, when defendants are released, and to be made aware of your case as it progresses through the criminal justice system.  To that end, each County in the Fourth Judicial Circuit has a dedicated Crime Victims' Advocate who can assist you with Court procedures, financial assistance and referrals to appropriate services and assistance and other information.  If you have questions, please contact one of the individuals below:

 

 

Chesterfield County: Jill Perry (843) 623-3265 Email

Darlington County: Tressa Boatwright (843) 398-4300 Email

Dillon County: Jennifer Evans (843) 774-1448 Email

Marlboro County: Reneka McQueen (843) 479-6516 Email

 

 

Solicitor Rogers is usually available in his office in Bennettsville to meet with any victim of crime on Friday mornings from 9 a.m. to 1 p.m.  If you wish to meet personally with the Solicitor, please call the Bennettsville Office at (843) 479-6516

The following statutes allow for Expungement of charges.

17-1-40 The charge was dismissed, nol-prossed or the defendant was found not guilty.

17-22-150(a) The charge was dismissed by the solicitor because the defendant successfully completed the Pretrial Intervention Program.

17-22-530(A) The defendant successfully completed the Alcohol Education Program.

34-11-90(e) The defendant was convicted of a first time misdemeanor under the fraudulent Check Law with no additional criminal conviction as defined by 34-11-90(e) having taken place in one year from the conviction.

44-53-450(b) The defendant was charged with first offense simple possession of marijuana or hashish, received a conditional discharge and successfully complied with the terms as set forth by the court.

22-5-910 The defendant was convicted of a first offense in a magistrate or municipal court, that offense did not involve the exceptions enumerated in 22-5-910, and no additional criminal conviction as defined by 22-5-910 has taken place within three years from date of conviction or five years from conviction of Criminal Domestic Violence.

22-5-920 The defendant was convicted of a first offense as a youthful offender; that offense did not involve the exceptions enumerated in 22-5-920, and no additional criminal conviction as defined by 22-5-920 has taken place during a fifteen year period following the first offense conviction as a youthful offender.

56-5-750(F) The defendant was convicted of a misdemeanor first offense failure to stop motor vehicle and no additional criminal conviction has taken place for three years after completion of sentence.  

Only the first charge may be expunged. In order to receive an Expungement, the offender must complete a Request for Expungement. Once the Solicitor’s Office receives the request, a report will be run from the National Crime Investigation Center (NCIC). This report allows our office to verify what charges you have and the dispositions on each. If charges can be expunged, you will be mailed an Expungement fee sheet. The sheet is to be signed and the fee of $250.00 (by money order only) is to be returned to the Solicitor’s Office. Once the office verifies this information, the actual order is completed and sent to the South Carolina Law Enforcement Division (SLED) for verification. If SLED approves, we will sign the order and send it to the appropriate judge for his signature. Then the Office files it with the Clerk of Court, and sends a copy to you. 

 

EXPUNGEMENT