A Criminal Hearing – The Last Opportunity to Prevent an Indictment
Section 60Aleph of the Criminal Procedure Law requires the prosecuting authorities to inform a suspect in a felony offense of the intention to file an indictment against him, and to allow him to argue why it should not be filed.
The last opportunity to stop the indictment
Section 60Aleph of the Criminal Procedure Law requires the prosecuting authorities to inform a suspect in a felony offense of the intention to file an indictment against him, and to allow him to argue why it should not be filed. This is the hearing: the only proceeding in which it is possible to persuade the prosecution to close the case before it becomes a public indictment. Once the indictment has been filed, the way back is many times harder.
How does it work in practice?
Upon receipt of the notice letter, the suspect has 30 days to request a hearing (and extensions may be requested). The lawyer receives the main investigation material, studies it in depth, and submits written arguments or appears for an oral hearing before the accompanying prosecutor. At the hearing, it is possible to challenge the sufficiency of the evidence, point to failures in the investigation, present defense evidence that the police ignored, and argue personal circumstances and alternatives: a conditional arrangement, conversion of sections, or closure.
The possible outcomes
Full closure of the case; a conditional arrangement without an indictment; an amended indictment for lighter offenses (a difference that can change the entire sentencing path); a plea agreement agreed in advance; or rejection of the arguments. Even when the hearing does not prevent the indictment, it exposes the prosecution's position and the evidentiary material, and gives an advantage in managing what follows.
Experience from the other side of the table
Israel Arama sat on the side that makes the decisions: as a prosecutor in the Tel Aviv District, he knows exactly which arguments move prosecutors, which wear out from overuse, and how the decision-making process is built from the inside. Did you receive a notice letter? Time is running. Contact us for advice immediately.
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