Even if hes applied the PTI program and the detective said that they would recommend it to the judge or some kind of counseling program.
Police recommendations don't mean anything.
we talked to a lawyer and he saying that there is a chance he can get is dropped/dismissed but according to the "state" they arent/cant drop the charges cause its against the law to drop CDV charges and since its its first offense they would just ask for counseling or some kind of program and since he applied for the PTI already they said that would help him..im confused on how a lawyer is saying he MAY be able to get it dropped with they state is telling me they cant drop it...and i dont wanna spend $2000-3500 on a lawyer for no reason. ive nor him have ever been through this so its hard when were being told 2 different things, if hes applied for the PTI what can a lawyer do different?
If the law is the same in SC as it is in FL, then when the police come out to a domestic disturbance and evidence of one exists, one party must be arrested. So the police do not have the discretion to 'drop' a charge. If the State cannot prove a charge, in Florida, the prosecutor can file a written nolle prosequi or announce a nol prosse in open court. If the diversion is not completed successfully or the prosecutor declines because of the injury, then he may be looking at reduced chances of getting a job and things of that nature. A lawyer can review the evidence, file defensive motions and take a case to trial if necessary. But lawyers cannot make promises about outcomes or make guarantees about an outcome. No one in the criminal justice system can.