What Do You Do If You Are On Trial For a Crime in Tennessee?

In Tennessee, persons accused of a crime will likely face trial pursuant to the criminal procedure rules promulgated by the state judiciary. The accused is typically advised to get an experienced attorney for legal representation. During the trial, prosecutors and defense attorneys are required to present evidence and witnesses, following which the court allows both parties to rebut or cross-examine the evidence and witnesses. Once arguments have been made and closed, the judge typically tables the legal standards needed to make decisions to the jury; if the accused person is found guilty of the crime, the judge sentences the individual following the jury’s consistent decision. Defendants not content with the court's verdict may appeal the case.

What Percentage of Criminal Cases Go To Trial in Tennessee?

The Administrative Office of the Courts prepares the Annual Report of the Tennessee Judiciary. The report for 2018 to 2019 revealed 179,987 criminal case filings in Tennessee and 168,407 dispositions, meaning about 93.5% of criminal lawsuits went to trial.

When Does a Criminal Defendant Have the Right to a Trial?

In Tennessee, all criminal defendants have the right to a fair and speedy trial and equal treatment under the law. According to the Tennessee rules of criminal procedure, a defendant may choose a bench trial at any point in the proceedings, even up to the jury’s swearing-in. The only exception to a jury trial’s right is when the defendant waives it in all criminal prosecutions. However, it is typical for the court to ask before the court proceedings if the defendants want a jury. Defendants who do not want a jury trial are required to document the decision in writing and have the court's approval and the state’s consent.

What are the Stages of a Criminal Trial in Tennessee?

The criminal procedure rules provide a just determination for every criminal proceeding and secure simplicity in proceedings, equity in administration, the elimination of unjustifiable delay, and unnecessary claims on jurors’ time. The following are stages of a criminal trial in Tennessee:

• Preliminary Examination: Also known as a preliminary hearing.
• Indictment and Information: The jury will decipher if there is enough cause to believe that a suspect has disobeyed criminal law.
• Arraignment and Pleas: An arraignment notifies the defendant of the charges, the date for pretrial, and the possibility of bail.
• Trial: Trials of a criminal case may begin within 90 days.
• Sentencing: If the suspect is guilty, appropriate sentencing will follow.

How Long Does it Take for a Case to Go to Trial in Tennessee?

According to the Statute of limitations in Tennessee, a case may go into trial within 12 months to 15 years, depending on how grievous the crime committed is. Misdemeanors are minor offenses, and such lawsuits go to trial within six months to one year. Felonies are more severe crimes and are categorized as Class A to E according to the severity of the crime. Perpetrators of Class A felonies appear before the judge within 15 years, Class B; within eight years, Class C and D; within four years for Class C felonies; and within two years.

What Happens When a Court Case Goes to Trial in Tennessee?

Suspects are usually scheduled to appear in court within the first few days of arrest. This is where the accused person gets information on their charges and rights. The judge may also decide on bail at this point. The alleged offender may be allowed to enter a plea for a less serious misdemeanor. In felony cases, the judge listens to the prosecution and determines if there is enough evidence for the case to move to trial. Although the preliminary hearing resembles a trial proceeding in structure, this is not where the judge will give a verdict.

A grand jury will further examine the case if the judge decides it is worthy of being “bound over” to a Tennessee circuit court for trial by jury. A 13-man panel will determine if enough evidence exists to send the case to judicial proceedings. For felony charges, a second arraignment may occur at the circuit court level. The judge will restate the defendant’s charges at the circuit court and review the bail hearing. The decisions taken for the bulk of criminal cases in Tennessee are through plea agreements/bargains. In the interest of getting a sentence or guilty plea, the prosecution will often lower the charges against the defendants.

During the trial, both counsels have an opportunity to make opening statements. The process usually entails some facts of the case and a foretaste of what the attorney wants to prove. Each counsel presents evidence and tries to challenge that of the opposition. Then there will be closing arguments, which are the last chance for the legal counsel to convince the jury about the case. The jury deliberates and reaches a unanimous decision, based on which the judge will sentence the suspect to a guilty verdict. In cases of unsatisfied judgment, a defendant may appeal to an appellate court like the Court of Appeal or the Supreme Court.

What Does it Mean to be Indicted in Tennessee?

In Tennessee, an indictment refers to a written accusation for charging someone with a criminal offense by a grand jury. The Tennessee Code Title 40, Chapter 13, and the Tennessee Rules of Criminal Procedure provide guidance on indictments in the state. An individual who has been indicted has not been found guilty of any offense yet. Such an individual has been decided by a grand jury to have enough connection to a crime for the case to be charged in court. Thus, an indictment process is used to determine if a criminal matter has enough merit for trial.

The process is presided over by a judge who guides the prosecution’s evidence presentation to the grand jury. This panel reviews the evidence to reach a unanimous or majority conclusion to return an indictment to the court or declare that the case has no merit. In Tennessee, a grand jury will consist of 13 individuals and five alternates according to Tennessee Code Annotated § 40-12-104. There typically must be a majority vote of at least 12 members supporting an indictment for it to be returned to the court. An indictment must clearly state the offense in ordinary language for the defendant to understand and typically must be returned in open court.

Does Indictment Mean Jail Time in Tennessee?

No, being indicted in Tennessee does not mean automatic jail time for you. You have not been found guilty of the offense, nor does the indictment contain any conviction statements. An indictment in Tennessee is a charging document for instituting court action for criminal offenses, usually felonies. They are issued by a grand jury and not a judge who has the authority to declare the defendant guilty. An indictment is used to file a criminal charge for trial, but the indicted individual may not be remanded to jail automatically. In cases where the defendant does not make bail according to Tennessee Code § 40-11-118, they will be remanded. The offense charged typically must also be bailable for the defendant to qualify to be released. According to Tennessee Code § 40-11-115, the least restrictive conditions are recommended for bail. Offenses involving capital cases are not bailable, and such offenders shall not be released under Tennessee Code § 40-11-115.

Can You Be Put on Trial Twice for the Same Crime in Tennessee?

No, following Article I, § 10 of the Tennessee Constitution, persons cannot be in jeopardy by trying the offender for the same crime twice. Exceptions to this rule include when the case elements are different or when the facts are the same, but the jurisdiction varies from the previously tried case.

How Do I Look Up a Criminal Court Case in Tennessee?

Criminal case records are obtainable upon request at the court where the trial took place. The application should contain the case number, the parties' names, or the organization involved, and be directed to the court clerk. Requestors are required to provide other necessary details to aid the search for the record. The court clerk's office may ask for copying fees and a means of identification. Files of criminal cases appealed to the Court of Criminal Appeals may be obtained online through the Public Case History database. Interested persons may retrieve case records online via third-party websites.

How to Access Electronic Court Records in Tennessee

To access files for criminal appeals, interested individuals need to give certain information about the case, such as:

• Case number
• Case style (For example, the State of Tennessee vs. John Snow)
• Name of any of the involved parties (For instance, name of the defendant)

These details serve as the search keywords to help filter the results in the electronic database. Under the Tennessee Public Records Act, records generated by government agencies are public, except for files containing sensitive or controversial information.

Tennessee criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Tennessee?

In Tennessee, charges dismissed on court records are typically eligible for free expungement. Other conditions for expungement at no cost include when a “no true bill” was returned by a jury. When the defendant was arrested and released without charge, acquired a ‘not-guilty’ verdict in a trial, or received a protection order after defending it in court. The steps for expungement of case records in Tennessee are:

• Write a petition for the expungement of court records with the court clerk at the court where the case originated
• Indicate the charges eligible for expungement.
• Parties that want copies of the expungement will have to provide a self-addressed, stamped envelope for each charge to be expunged. It is typically not compulsory to be at the court, as the clerk will send in the copies of the expungement.
• Requisition of certified copies of orders of expungement and the charging document from the court clerk.
• The paperwork is sent to the judge and agencies involved for expungement.

In cases where case files say “dismissed with charges”, it means there are court costs owed to finalize the expungement, although a fee waiver is possible. When a record says “charge retired”, the case is on hold for a long time, and interested persons may request that the case be dismissed and the charge expunged.