![]() ![]() If the defendant decides to plead guilty, he can do so at any of these dates. Report: Cases are set in court to give the District Attorney and the defense attorney a chance to talk about the case and see if the defendant wants to plead guilty or set a trial date. If the defendant does not have an attorney, the arraignment will be postponed until he retains an attorney or the court appoints one for him. The court also determines whether or not the defendant has an attorney to represent him. Some of these court settings may include arraignment, report, motion, disposition or trial settings.Īrraignment: The defendant is put on notice by the court of the charges against him. The case will be set in court approximately once a month during this time. It is not unusual for a case to take a year or more before it is resolved either by a guilty plea or trial. ![]() Your case will probably be heard by the Grand Jury within 3 to 4 months of the preliminary hearing.Ī case may be set in Criminal Court many times before it is disposed of. Normally, neither the victim nor the defendant appears. The Grand Jury hearing is a closed hearing. The Grand Jury does not decide the defendant’s guilt or innocence. If there is enough evidence, the Grand Jury hands down an Indictment, the charging instrument necessary to go forward in Criminal Court. The Grand Jury is a panel of thirteen citizens who determine if there is enough evidence to show that the defendant committed the crime. The case then bypasses the Grand Jury and is sent directly to Criminal Court, where the defendant will plead guilty. The defendant can waive his right to a preliminary hearing and the case is automatically sent to the Grand Jury.Ī defendant can agree to a Criminal Information. The case, however, still can be sent to the grand jury for indictment. If a judge at the preliminary hearing rules a case should be Dismissed for Lack of Prosecution, that usually means an important witness did not show up or was unavailable. The victim is usually required to be present at the preliminary hearing. If probable cause is shown, the case is sent to the Grand Jury. ![]() Generally, this hearing must be requested within 30 days of the defendant’s arrest.Īt the preliminary hearing, the District Attorney’s Office must present enough evidence to show the judge probable cause, or enough evidence to show that a crime occurred and that the crime was probably committed by the defendant. Often, the defendant will request a preliminary hearing in General Sessions Court. Misdemeanor cases not disposed of in General Sessions Court also go to Criminal Court. Defendants in felony cases cannot enter a guilty plea in General Sessions unless the charge is reduced to a misdemeanor. All felony cases must be disposed of in Criminal Court. Only misdemeanor cases, those cases in which the defendant can be sentenced to no more than 11 months and 29 days, can be disposed of in General Sessions Court. Please visit the victim/witness section on our FAQ page for further helpful information.īelow you will find information about the justice system process in Shelby County. In order for the District Attorney’s Office to keep you informed, please make sure we have your current phone number and address. The RIGHT to know about each of these rights established for victims.Īs a victim, you have the right to file a grievance if you feel you have not received the services to which you are entitled under Tennessee State Law. The RIGHT to restitution from the offender. The RIGHT to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. The RIGHT to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. The RIGHT to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly. The RIGHT to be present at all proceedings where the defendant has the right to be present. The RIGHT to be free from harassment, intimidation and abuse throughout the criminal justice system. The RIGHT to confer with the prosecutor about their case. The Constitution of the State of Tennessee states crime victims have:
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