In most felony cases, if a DA intends to issue an indictment, he must provide the suspect with the opportunity to present his arguments against doing so in a pre-trial hearing at the DA’s office, and consider those arguments without prejudice. A successful pre-filing hearing can prevent the filing altogether, or result in a favorable plea agreement.
Our firm has held many such successful pre-filing hearings, and time and again has been able to convince the DA’s office not to file charges altogether.
In our experience, even though officially the right to a pre-filing hearing at the DA’s office exists only in felony cases, in practice one can successfully request and receive such a hearing in misdemeanor cases as well.
If you receive a letter of notification under Article 60a of the Criminal Procedure Law, we recommend that you immediately seek legal advice from a criminal defense attorney. Do not ignore such a letter, as it can provide you with an important opportunity to try and prevent the filing of an indictment or complaint against you.