A Notice Letter to a Suspect – Received a Letter From the District Attorney? Here Is How to Act

Have you found a letter in your mailbox from the State Attorney's Office or the police prosecution notifying you that further handling of your case has been transferred to the Israel Police prosecution or the State Attorney's Office? Or a letter stating that an indictment against you is being considered? This is a "notice to a suspect," and it opens a window of opportunity to prevent an indictment before it is filed. Ignoring the letter effectively means giving up the most important opportunity in the proceedings. Attorney Israel Arama, formerly of the Tel Aviv District Attorney's Office, explains the difference between the first and second letters, when the hearing deadline starts running, and why you should act now.

The major mistake: waiting for the second letter

Many people receive the first letter and think, "There is still time." This is a critical mistake. It is very difficult to persuade a prosecutor not to file an indictment after they have thoroughly studied the case and formed a position. The right time to act is immediately upon receiving the first letter: contact the prosecution, study the evidence, and begin challenging the basis of the case before the prosecutor becomes invested in it.

Have the 30 days passed? It is not necessarily too late

Someone who did not respond in time has seemingly waived the right to a hearing. However, the prosecution is subject to administrative law, and in many cases it can be persuaded to allow a late hearing. The sooner you act, the better your chances.

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.

Frequently asked questions