Stages of a Criminal Case: Know What to Expect When Arrested in Tennessee 🏛️
Facing criminal charges can be stressful and time consuming. Understanding the steps involved in a Tennessee criminal case can help you navigate the process with greater clarity, confidence, and peace of mind. This article outlines the key stages of a criminal case in Tennessee, providing you with a general overview of what to expect when arrested..
General Sessions Court: The Initial Stages
Arraignment: Your first appearance, called an arraignment, is where you will be formally advised of the charges against you and your right to an attorney. You can either ask to apply to have an attorney appointed, advise that you will hire one, or represent yourself. If you are appointed an attorney, it will likely be the Public Defender's Office, but in certain circumstances, a private attorney may be appointed.
An experienced criminal defense lawyer will know whether this court date can be waived if unnecessary.
Discovery (or Lack Thereof): Discovery is the process where the attorney for the state of Tennessee (the prosecution) is required to disclose the evidence that is in their possession, especially if they intend to use the evidence against you. 🔍 Unfortunately, in General Sessions Court, discovery is often limited or even non-existent. This can make it difficult to fully understand the strengths or weaknesses of the case against you.
At Butler Law, once Attorney Oscar Butler has had the time to gather and review the discovery in your case, he will discuss the details of your case so that you have a full understanding of the strategy moving forward.
Preliminary Hearing: A preliminary hearing is a crucial stage where a judge determines if there is probable cause to believe that a crime was committed and that you are the one who committed it. 🗣️ The state must present sufficient evidence to meet this burden of proof. While this is not a full trial, it is a critical opportunity to hear the evidence and determine if the case should proceed to Circuit Court.
Many attorneys will suggest waiving a preliminary hearing. While there may be a strategic reason to do, it is your right - it should not be taken for granted. At Butler Law we know the importance of this opportunity to cross examine the State’s witnesses. We begin preparing for a preliminary hearing the moment we are hired.
The Grand Jury
A Private Proceeding: Grand Jury proceedings are strictly secret. Neither you nor your attorney are allowed to be present, and usually won’t know when the case is being heard by the Grand Jury. The prosecution presents their side of the story through witnesses without any cross-examination from the defense.
Probable Cause Standard: The Grand Jury’s sole legal duty is to determine if enough evidence exists to justify a trial. While intended as the gate keepers to Criminal/Circuit Court, they are only required to find probable cause before the case continues on. If the Grand Jury finds probable cause, they issue a "True Bill" (Indictment).
Criminal Court/Circuit Court: The Main Proceedings
Arraignment: The beginning of the next stage of proceedings, this arraignment is where you are officially charged in the Criminal/Circuit Court and may enter a plea (guilty, not guilty, or no contest). 📄 This is also an opportunity to set a schedule for future court dates to make sure the case continues to progress efficiently.
Discovery: Discovery in Criminal/Circuit Court is much more extensive than General Sessions. The prosecution must provide access to all evidence in the case, including police reports, witness statements, physical evidence, and forensic reports. 🔎 This information is critical for building a strong defense and identifying potential weaknesses in the prosecution's case.
Motions: Depending on what the discovery includes, an experienced criminal defense lawyer will know to file certain motions in your case, including motions to suppress evidence, dismiss charges, or challenging the admissibility of certain testimonies. 📝 Pretrial motions can significantly impact the outcome of a case, and an experienced lawyer can identify and argue for the appropriate motions.
Plea Negotiations: As most criminal cases are resolved via plea negotiations, you can expect that the prosecution will offer a negotiated plea agreement to resolve your case short of having to go to a jury trial. At Butler law, we take these plea negotiations serious as they could have life long consequences. Therefore, while we will advise you on any circumstances surrounding whether you accept or decline a negotiated offer, the decision on whether to accept or decline is left up to you.
Jury Trial: At trial, a jury of your peers decides your guilt or innocence based on the evidence presented by both the prosecution and the defense. 👨⚖️ The verdict must be “unanimous” meaning all 12 people agree. An experienced attorney will understands the presentation component of a jury trial and will advocate for your rights, present evidence on your behalf, cross-examine witnesses, and deliver open and closing arguments to the jury.
Appeals: If you are found guilty at trial, you will have the right to appeal the decision to a higher court, challenging specific rulings or the verdict itself. This process can be lengthy and complex, and requires a strong understanding of legal principles and appellate procedures.
Seeking Experienced Legal Counsel
Navigating the criminal justice system is challenging, and it is crucial to have an experienced and dedicated criminal defense attorney by your side. At Butler Law, we are committed to providing aggressive and effective representation to individuals facing criminal charges in Tennessee. With seven years of exclusive focus on criminal defense cases, Attorney Oscar Butler has the knowledge, skills, and dedication to guide you through every stage of your case and fight for your rights.
Contact Butler Law Today
If you or a loved one is facing criminal charges in Tennessee, do not hesitate to contact Butler Law, for a free consultation. 📞 We understand the stress and anxiety that comes with criminal charges, and we are here to support you through this difficult time. Let Attorney Oscar Butler help you understand your legal options and work to achieve the best possible outcome for your case.