Legal Question in Criminal Law in United States Minor Outlying Islands

normal procedure or bad omen?

I was recently ticketed for simple

possession of marijuana, and

possession of drug paraphernalia. I

would like to apply for the SC PTI

program, but have the luck of

drawing a judge who will not allow

application for this program before

showing up for your court date. Can

he prevent me from applying for this

program, and is he likely to do so?

This is my first time being charged

with an offense of this or any other

kind.


Asked on 6/23/09, 1:03 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: normal procedure or bad omen?

These matters are handled differently from court to court and from prosecutor to prosecutore. PTI is a referral program. That means that the solicitor's office can refer a person to PTI, assuming the person qualifies for it. There is no law that requires that a judge approve it. I have heard of some courts that do in fact run it by the judge for approval. However, I have handled hundreds of these and I have never been in a situation where it was necessary for a judge to approve it.

My advise to you is this. If you have a medical problem, go see a doctor. If you have a legal problem, go hire a lawyer. I'm not trying to be smart. I am trying to give you the best advise possible that will provide you with the most amount of protection. Should you go to court and run into a snag, not being familiar with the system could hurt you.

If you would like to call I am happy answering your questions and giving you guidance.

Robert Johnston

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Answered on 6/23/09, 2:51 pm


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