Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
Nashville Criminal Defense Lawyer | Davidson County General Sessions Court
Your first Davidson County court date is important, but it is usually not the day a contested criminal case is finally decided. What happens depends on whether the charge is a misdemeanor or felony, whether you have a lawyer, whether you are in custody, and what stage the case has reached.
For many cases that begin in Davidson County General Sessions Court, the first setting is used to identify counsel, address scheduling, confirm the charge and bond status, and determine what should happen next. A case may be reset rather than resolved that day.
Many state criminal charges in Nashville begin in Davidson County General Sessions Court. Tennessee's criminal rules give General Sessions courts responsibility for important early stages of criminal cases, including initial proceedings and preliminary hearings.
Felony cases are not finally tried in General Sessions Court. They can proceed through a preliminary hearing or waiver and then to the Davidson County grand jury. Misdemeanor cases can sometimes be resolved in General Sessions Court, depending on the procedural posture and the defendant's decisions.
Do not assume you must make a final decision about the case immediately. Tennessee procedure differs depending on the charge. For a felony initial appearance, Rule 5 states that the defendant is not called upon to plead; the magistrate advises the defendant of the charge, right to counsel, right to remain silent, pretrial-release information, and right to a preliminary hearing.
Misdemeanor procedure is different, and a case can involve a plea, trial setting, waiver, or later disposition. Before giving up important rights or accepting an offer, understand the evidence and consequences.
The right to counsel is an important part of the criminal process. If you intend to hire a lawyer, doing so before the first meaningful court setting can allow counsel to review the charge, speak with the prosecutor when appropriate, and begin identifying evidence that should be preserved.
Defendants who cannot afford counsel may be eligible for appointed representation under Tennessee law. Eligibility is determined through the court process.
Not necessarily at every setting. Some first court dates are administrative or scheduling settings. A contested preliminary hearing or misdemeanor trial, however, may require witnesses and evidence.
Do not contact an alleged victim simply because you believe that person could make the case disappear. If a no-contact bond condition or order of protection exists, contact can create additional problems even if the other person initiates it.
A felony defendant who has not waived the right to a preliminary hearing generally has the right to one. Tennessee Rule of Criminal Procedure 5 provides timeframes for scheduling that hearing after the initial appearance: generally within fourteen days for a defendant who remains in custody and within thirty days for a defendant who has been released, subject to the rule's provisions on extensions and waiver.
At the preliminary hearing, the question is probable cause, not guilt beyond a reasonable doubt. If probable cause is found, the case is bound over to the grand jury.
It is possible for a case to change or resolve early, but there is no rule that charges automatically disappear at the first setting. Outcomes depend on the evidence, the prosecutor's position, legal issues, witness availability, the charge, and negotiations.
Some cases need investigation before a meaningful decision can be made. Body-camera footage, surveillance video, medical records, laboratory evidence, witness statements, and other evidence may matter.
Arrive on time and know the courtroom and case information. Dress appropriately for court. Bring any documents your lawyer asked you to bring, and make sure your lawyer has current contact information.
Do not bring weapons or contraband into the courthouse. Do not discuss the facts of your case in public courthouse areas or on social media. Statements outside the courtroom can still create problems.
Missing a required Nashville court appearance can lead to a warrant and bond consequences. Davidson County has procedures for addressing certain General Sessions failures to appear, but a set-aside is not something to assume will happen automatically.
If you already missed court, address it quickly rather than waiting for an unexpected arrest.
Kevin Kennedy is a former Davidson County prosecutor who now represents people charged with crimes in Nashville and throughout Middle Tennessee. Kevin Kennedy Law Firm can review your charge, explain what the upcoming Davidson County court date means, and prepare for the next stage of the case.
Call Kevin Kennedy Law Firm at (615) 205-7311 to discuss your case.