After an arrest in Tennessee, the criminal case can move through several stages: an initial appearance, bond or pretrial-release decisions, General Sessions Court, a preliminary hearing in felony cases, grand jury review, arraignment in Criminal or Circuit Court, motions and discovery, plea negotiations, trial, and sentencing. Not every case goes through every stage.
The path also depends on whether the charge is a misdemeanor or felony and whether the prosecution begins before or after an indictment. Understanding where the case is in that process is important because different rights and deadlines apply at different stages.
Nashville Criminal Defense Lawyer & Former Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
The Arrest and Initial Appearance
A person arrested before indictment generally must be taken without unnecessary delay before the appropriate magistrate. At the initial appearance, the court addresses the charge, the right to counsel, and the general circumstances of pretrial release.
In a felony case, the defendant is informed of the right to remain silent and the right to a preliminary hearing. A felony defendant is not called upon to enter a plea at this General Sessions stage.
Bond and Pretrial Release
Bond can be set before the criminal case is resolved. The amount and conditions depend on the charge, public-safety considerations, risk of nonappearance, criminal history, and other statutory factors.
Release conditions can include no-contact orders, GPS monitoring, alcohol monitoring, travel restrictions, weapons restrictions, or other requirements. Violating those conditions can create a separate problem while the original case remains pending.
What Happens in General Sessions Court?
Every Tennessee county has a General Sessions Court. In criminal cases, General Sessions judges conduct preliminary hearings in felony cases and can try misdemeanors when the defendant makes the required waivers.
Many criminal cases begin here, but a felony cannot simply be finally tried in General Sessions in the ordinary course. The felony process generally moves toward the grand jury if probable cause is found or the hearing is waived.
What Is a Preliminary Hearing?
A preliminary hearing is a probable-cause hearing. The judge decides whether there is evidence that an offense was committed and probable cause to believe the defendant committed it.
The defendant may cross-examine the State's witnesses and present evidence. Tennessee Rule of Criminal Procedure 5.1 generally bars inadmissible hearsay at the hearing except for specified documentary ownership proof and written expert reports.
How Soon Is the Preliminary Hearing?
Under Tennessee Rule of Criminal Procedure 5, when the defendant does not waive the hearing, it generally must be scheduled within 14 days of the initial appearance if the defendant remains in custody and within 30 days if the defendant has been released.
Those time limits can be extended under the circumstances allowed by the rule.
What Happens If Probable Cause Is Found?
If the General Sessions judge finds probable cause, the case is bound over to the grand jury. The judge then addresses release or continued custody under applicable law.
A probable-cause finding is not a conviction. The State still must obtain an indictment or otherwise proceed lawfully before a felony can move toward trial in Criminal or Circuit Court.
What Does the Grand Jury Do?
The grand jury decides whether sufficient grounds exist to return an indictment. Grand jury proceedings are different from a preliminary hearing: the defense does not conduct an adversarial cross-examination of the State's witnesses before the grand jury.
If an indictment is returned, the case moves into the court of record that handles felony prosecutions in that county.
What Is an Arraignment?
Arraignment is the formal stage in Criminal or Circuit Court at which the defendant receives the indictment, presentment, or information and is called upon to plead. Tennessee Rule of Criminal Procedure 10 requires the substance of the charge to be read or stated before the plea is requested.
Arraignment is generally not the trial. It begins the post-indictment phase in which discovery, motions, negotiations, and trial preparation proceed.
What Happens During Discovery?
The defense obtains and reviews evidence available under Tennessee law and the rules of criminal procedure. Depending on the case, that can include body-camera footage, reports, statements, photographs, laboratory evidence, digital evidence, recordings, and other material.
Discovery is often where the defense begins testing whether the officer's report matches the video and whether the State can prove every element of the charged offense.
What Are Pretrial Motions?
A defense lawyer may file motions challenging evidence or procedure before trial. Common issues include illegal stops, searches, statements, identification procedures, discovery disputes, and other constitutional or evidentiary questions.
A successful suppression motion can exclude important evidence and materially change plea negotiations or the State's ability to proceed.
Will the Case Go to Trial?
Most criminal cases are resolved without a jury trial, but the defendant retains the right to require the State to prove the charge when that right applies. Plea negotiations can occur throughout the case.
Whether to accept a plea or proceed to trial depends on the evidence, sentencing exposure, collateral consequences, defenses, and the defendant's goals.
What Happens If You Are Convicted?
After a conviction, the court imposes a sentence under Tennessee law. The sentence depends on the offense classification, offender range, enhancement and mitigating considerations, probation eligibility, mandatory minimums, consecutive-sentencing rules, and offense-specific statutes.
The maximum statutory range is not necessarily the sentence a particular defendant will receive.
Frequently Asked Questions
Do all Tennessee criminal cases start in General Sessions Court?
Many do, but a prosecution can also begin by indictment or presentment, which changes parts of the preliminary process.
Do I plead guilty or not guilty at my first felony court date?
At the felony initial-appearance stage in General Sessions, Rule 5 says the defendant is not called upon to plead.
Does being bound over mean I was found guilty?
No. It means the General Sessions judge found probable cause. The State still must proceed through the felony prosecution process.
Can a case be dismissed before trial?
Yes. Cases can end through dismissal, suppression issues, grand-jury action, negotiations, or other legal developments before a trial.
How long does the process take?
There is no single timeline. The charge, custody status, grand-jury schedule, discovery, motions, negotiations, and trial calendar all affect the duration.
Talk With a Nashville Criminal Defense Lawyer
The Tennessee criminal process creates different opportunities at different stages. A preliminary hearing may create cross-examination testimony, a suppression motion may attack evidence, and early mitigation can affect negotiations and sentencing.
Kevin Kennedy Law Firm represents people facing misdemeanor and felony charges in Nashville and Middle Tennessee from the initial arrest through General Sessions, Criminal Court, motions, negotiations, and trial.