What is a notice letter?
Written notice from the prosecution to a felony suspect that the file has reached it, and that a hearing may be requested before indictment.
052-642-4440The explanation
When the police finish investigating a felony (an offence carrying more than 3 years' imprisonment) and pass the file to the prosecution, the prosecution must notify you in writing (Criminal Procedure Law, section 60a). That is the notice letter. It is not an indictment, and it does not mean a decision to prosecute has been made. It means the file is being considered, and that you have a window of time to influence the outcome.
The number that matters: 30 days from receiving the letter to write to the prosecution and request a hearing. If you do not, the prosecution may decide without you. So open every registered letter from the State Attorney's Office or the police prosecution, and do not put it off. If the deadline is close, an extension can be requested.
The letter is sent in felony cases only. For misdemeanours there is no duty of notice, and an indictment can arrive without warning. Even without a letter, you can approach the prosecution on your own initiative and ask it to close the file or refrain from indicting.
What a lawyer does: files the request for a hearing on time, asks for the summary of the evidence under the Attorney General's guideline, and prepares the hearing arguments. At this stage it is still possible to prevent an indictment, narrow it, or steer the file towards a conditional settlement.
Source in law: Criminal Procedure Law [Consolidated Version], 5742-1982, section 60a; Attorney General Guideline 4.3001
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