Q: Is the state attorney allowed to withhold option to the PTI program?
State Attorney stated if I chose to have my witness show up and provide statement then I would no longer be able allowed to choose the PTI option offered to me. I saw this as unfair because they chose to file charges without looking at my witnesses statement.
A:
Your inquiry is a bit vague regarding what you mean by having your "witness show up and provide statement", but I'm guessing you mean "set the case for trial and have my witness testify at trial." It is totally up to the prosecutor what deal to offer you. If they wish, they don't have to offer you any deal at all. It sounds like your prosecutor is basically saying, "I am willing to offer you PTI to quickly resolve this case, but if you wish to instead take this case to trial, we won't be offering you any more deals." Sure, they are allowed to do that. If I were you, I'd schedule a consultation with an attorney to determine your best course of action.
[For others reading this, "PTI" means pretrial intervention, which is a program that the defendant goes through, and upon completion, the State drops the the charge(s).]
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