How Does Criminal Court Work in Tennessee?

Criminal law is a specific area of law that addresses cases involving felony and misdemeanor crimes. Tennessee has its own set of laws that govern how criminal acts are charged, tried, penalized, and appealed. If you are involved in a criminal case in Tennessee, you may be subject to hefty consequences, so it may be important to ask: how does criminal court work in Tennessee?

Tennessee has specific rules, processes, and procedures for its criminal court system. Each step of the process ensures that the law is being applied fairly and ethically and that defendants receive a fair trial. Below are the general steps of the criminal court process in Tennessee:

• Step 1 - The arrest. When a person commits a crime or is accused of a crime, local law enforcement is called, and, depending on the circumstances, they may be arrested.Optionally, there may be a bond hearing to determine if the defendant should be released on bond until the preliminary hearing or if they should remain in jail. Hiring a lawyer is helpful in this stage to negotiate the bond amount and ensure the defendant is aware of their rights.
• Step 2 - The arraignment. This is also known as an initial appearance. At this stage, the defendant is informed of the charges against them.
• Step 3 - The preliminary hearing. In this stage, the state general session court determines if there is probable cause to believe the defendant committed the crime they are being charged with. If the court decides that a misdemeanor may have been committed, the next step is a plea hearing. If it decides a felony may have been committed, the next step is the grand jury.
• Step 4 - Grand jury. The grand jury consists of citizens who determine if the case should go to trial. The defendant is not present at this trial, but the victim(s) may be, depending on the circumstances of the case.
• Step 5 - Indictment. If the jury determines that the case should go to trial, they return an indictment, formally charging the defendant with the crime.
• Step 6 - Criminal court. In this stage, the jury reads the indictment, and the defendant makes their first public appearance in criminal or circuit court. A lawyer is also arranged for the defendant unless they hire their own attorney.Involved in this stage is the report status that gives the defense and state time to create their case and the plea agreement. The plea is a negotiated settlement that allows the defendant to accept responsibility for the crime or deny their involvement. If they plead not guilty, the case is brought to trial; if they plead guilty, a settlement is reached.
• Step 7 - Court of appeal. In Tennessee, if a defendant wishes for relief from judgment, they can file a post-conviction petition. An experienced Nashville criminal defense lawyer can help with this process. If the petition is denied, the case can go through various courts to appeal the decision. Sometimes, the case can be taken as far as the Supreme Court.

What Are the Consequences of Committing a Crime in Tennessee?

A crime committed in Tennessee can be either a felony or a misdemeanor. Felonies are federal crimes that are subject to considerable consequences from years to life in prison. Examples of felonies include violent crimes, sexual crimes, or burglary. Persons who commit felony crimes tend to be held in federal or state prisons.

On the other hand, misdemeanors are less serious and may be settled out of court or subject to lesser jail time in a local or county jail. Examples of misdemeanors include disorderly conduct, drug possession, or prostitution.

When Should I Hire a Lawyer?

Hiring a lawyer is wise for all stages of the criminal court process, whether the crime is a felony or misdemeanor. An experienced lawyer can help the defendant navigate the legal system and inform them of their rights throughout the process. A lawyer can also negotiate sentencing or represent the defendant in court if the case goes to trial.

Lawyers are also invaluable in the arrest and bond hearing process, as any mistake at any stage can greatly impact court proceedings and future hearings.

FAQs

Q: How Does the Tennessee Court System Work?

A: The Tennessee court system consists of four levels: The Supreme Court, the intermediate appellate courts, trial courts, and courts of limited jurisdiction such as general sessions, juvenile, and municipal courts. The Tennessee court system is composed of both local and state officials ranging from local law enforcement to prosecution to public defense.

Q: What Are the Steps in the Criminal Process?

A: After the arrest, there are five steps in the criminal process. The first step is arraignment, followed by the general sessions courts or preliminary hearing, the next step is the grand jury, then indictment, then criminal court, and finally, there is the appeals process as an optional seventh step.

Q: How Long Does It Take to Go to Trial in Tennessee?

A: The time it takes to go to trial in Tennessee depends on the complexity of the case. For criminal cases, there are felonies and misdemeanors. Because felonies can result in hefty consequences from years to life in prison, the cases can take years to go to trial. Misdemeanors tend to involve lesser crimes and may not take as long to go to trial.

Q: How Does the Appeals Process Work for Criminal Cases in Tennessee?

A: If a defendant wishes to appeal their conviction, they can take their case to the appellate court. However, before this happens, they should file a post-conviction petition to gain relief from judgment. If the post-conviction petition is approved, then the judgment may be overturned. If it is denied, then the case may be tried in the appellate court, which functions to investigate the case to ensure the law was properly applied.

Contact McNally Law Today for a Consultation

At McNally Law, our lawyers provide aggressive defense and ensure every inch of the law is appropriately applied in our defendants’ cases. Whether it is criminal law or appellate law, our goal is for you to be treated fairly in every stage of the criminal justice process and that your rights are defended. Contact us today for a consultation.