Preliminary Pleas – The Opportunity That Opens Only Once
Has an indictment been filed against you? The proceedings are only beginning, and before a single piece of evidence is heard, the defense has tools to challenge the indictment itself.
An indictment is not the final word
Has an indictment been filed against you? The process is only beginning, and before a single piece of evidence is heard, the defense has tools at its disposal to attack the indictment itself. Section 149 of the Criminal Procedure Law lists a series of preliminary arguments that a defendant may raise, and accepting them can lead to cancellation of the indictment, its amendment, or a stay of proceedings.
The main preliminary arguments
Lack of local or subject-matter jurisdiction; a defect or invalidity in the indictment; the facts described do not constitute an offense; prior acquittal or conviction for the same act (double jeopardy); the offense has become time-barred; immunity; absence of a lawful hearing, where the duty of notice and hearing under section 60A was not fulfilled; and a defense of justice, the argument that the prosecution fundamentally contradicts principles of justice and legal fairness.
Timing matters
Preliminary arguments are generally raised at the beginning of the trial, and some of them are barred if they are not raised in time. The meaning is this: the preliminary examination of the indictment must be carried out immediately upon receiving it, not on the eve of the reading. Israel Arama, a former member of the Tel Aviv District Attorney's Office, examines every indictment through the eyes of someone who drafted indictments himself, and knows where they break. Seek advice immediately upon receiving the indictment.
Frequently asked questions
Timing matters — what is important to know?
Preliminary arguments are generally raised at the beginning of the trial, and some of them are barred if they are not raised in time. The meaning is this: the preliminary examination of the indictment must be carried out immediately upon receiving it, not on the eve of the reading.
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