WHAT HAPPENS WHEN YOU ARE CHARGED WITH A CRIME:
THE CRIMINAL JUSTICE SYSTEM IN TENNESSEE

BY DOUGLAS A. TRANT

Nothing about the law is simple, so do not be surprised if you do not understandthe process after you have been charged with a crime. The following is a brief description of thesystem. Always feel free to call my office if you have any questions.

If you are charged with an arrest warrant, your case begins in Sessions Court.This is where you have your preliminary hearing.

If you charged with a misdemeanor, you cantry your case in Sessions Court if you and the district attorney agree not to have a jury trial. The judge will decide if you are guilty or not guilty. You can appeal the decision if you are found guilty and get a jury trial in Criminal Court. However, you may have to make an appeal bond.

If you are charged with a felony, the Sessions Judge can only dismiss or bind yourcase over to the grand jury. If you work out a plea bargain, however, reducing the charge to amisdemeanor, the judge can hear it. If not, he will decide if there is probable cause to believe that a crime was committed and if you probably committed it. If he believes that a crime hasbeen committed, he binds the case over to the grand jury.

If he believes that a crime has not beencommitted, he dismisses the warrant. Almost all cases are bound over to the grand jury. If thecase is dismissed, the grand jury can still indict you, although that seldom happens.

If your case is bound over, the grand jury will consider your case usually inseveral months. Normally, you would remain on the same bond if you are not in custody. Thegrand jury is not the trial jury. We are not invited to the grand jury and only know after they have considered your case what action they take. If they do not think you probably committedthe crime, they will issue a No True Bill meaning the case is dismissed.

If they think you are probably guilty, they issue a True Bill - the indictment. Thegrand jury can also start a case on its own. They can issue a presentment and have you arrested.

If that happens, you are not entitled to a preliminary hearing. Whether you are charged byindictment or presentment, your case will go next to Criminal Court. Then your case is assigned to one of three divisions of Criminal Court for arraignment several weeks later. We appear at arraignment to notify the Court that we are familiar with the charges, reserve our plea, and setanother Court date.

We can then either plea bargain or get ready for trial. Criminal Court is whereyou get your jury trial. The district attorney must prove you guilty beyond a reasonable doubt. You may or may not testify, depending on what we decide is best. You are presumed innocent. You have the right to compel your witnesses to come to court to testify. You have the right to have me confront, that is--cross-examine the witnesses against you. We may file pretrial motions the judge will have to decide.

If a jury finds you not guilty, the case is over. The district attorney cannot appeal. If you are found guilty, you may appeal. You must pay the court reporter to type the transcript and pay our appeal fee unless the judge finds you indigent. Your appeal is to the Court of Criminal Appeals. The Court of Criminal Appeals does not conduct a trial. A three-judge panel considers the trial transcript, briefs and arguments by the lawyers to decide if you should get a new trial (or in rare circumstances may dismiss the charges).

Whichever side loses this appeal they may ask the Tennessee Supreme Court to grant an appeal. If they do, the five justices will decide whether to grant a new trial.

Whoever loses at that level may as the United States Supreme Court to grant anappeal if there are Federal Constitutional questions involved. This is the last stage in the appealprocess. There are nine justices on the United States Supreme Court.

Never discuss your case with anyone except my office unless instructedotherwise.

If asked about your case, politely tell them we have instructed you not to talk andgive him/her my name and telephone number. Also, tell me immediately.

If anyone does ask you about your case, tell him/her the following:

Mr. Trant has told me not to talk to anyone about my case, not to answer any questions, and not to reply to accusations. Call him if you want to ask me questions, search me or my property, do any tests, do any lineups, or any other identification procedures. I do not agree to any of these things without my lawyer present, and I do not want to waive any of my constitutional rights. I also decline to assist you in your investigation.

How to Dress for Court: