Legal Question in Criminal Law in Tennessee

Can they bypass everything and go straight into circuit court


Asked on 10/15/21, 6:56 am

1 Answer from Attorneys

The prosecution in Tennessee can take a criminal charge directly to the grand jury and seek a "presentment" (also known as a "sealed indictment") without first taking the case to General Sessions Court for a preliminary hearing. If the grand jury returns a "true bill" (finds that there is probable cause to believe that a crime was committed and the defendant committed that crime) then the defendant will first appear in the Circuit Court. The defendant will know they are being charged via a "presentment" or "sealed indictment" because the document will be signed by ALL members of the grand jury, not just the foreperson.

So, short answer to your question: Yes, they can bypass everything and go straight to Circuit Court.

Probably a good idea to note one exception:

If the State has commenced prosecution with a warrant in General Sessions Court, and while the Defendant is still waiting for their preliminary hearing the State goes to the grand jury and obtains a "presentment" or "sealed indictment," then the Defendant is still entitled to the preliminary hearing. On demand of the defendant -- but only on demand of the defendant -- the case must be sent back to where it was in General Sessions Court for a preliminary hearing.

IF the General Sessions Court finds "no probable cause" then the Circuit Court case is dismissed.

IF the General Sessions Court finds probable cause, then prosecution continues in the Circuit Court.

A "remand" for a preliminary hearing under such circumstances is extremely rare in Tennessee,

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Answered on 10/15/21, 7:47 am


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