Every case is different, so procedures also differ in every state and based on various factors. Some of these factors include how the crime was reported, how or when the criminal was captured, the defendant’s and victim’s situations, and so on. If you are stuck in a case and looking for a quick way out you can contact criminal defense attorney in Knoxville. Here is the typical procedure followed by the Tennessee criminal justice system.
1. Warrant of Arrest
A magistrate or judge provides a written statement for arresting the accused and take that person into police custody.
2. Hearing on Bail/Bond
Following the defendant’s arrest, the court may hold a bail hearing, sometimes known as a “bond hearing,” to determine whether the defendant should be detained in the local jail or released on bail till the completion of the case.
3. Preliminary Hearing
In general sessions court, a probable cause hearing is performed to determine if there are reasonable reasons to believe that a crime was committed and that the defendant isthe culprit. The victim is not required to attend, but they have the right to be present at all hearings if the law requires it.
4. The Judgment of the Court
The case will go to a plea hearing if the court concludes that there are reasonable grounds to believe that a misdemeanor was committed and that the defendant was the culprit.
5. Majestic Jury
An impartial panel of private individuals checks evidence about the crime and decide whether or not the case should be prosecuted. In this case, there is no jury, and the defendant is not present. The victim’s presence is only required if subpoenaed or requested.
If a grand jury determines that a case should go to trial, they “return” an indictment or presentment charging the defendant of the offense(s).
This is the defendant’s first appearance in criminal or circuit court. The indictment of the grand jury is read aloud, and the defendant is given a copy. Arrangements can be made to provide the defendant with a lawyer/attorney.
8. Report Status/Date Hearing
The defense and the state must be given ample time to prepare their cases before moving to a plea agreement or trial. The court regularly schedules report dates, sometimes known as status hearings, at which each party must report whether they are ready to proceed or require additional preparation time.
9. Plea Contract
This is a negotiated agreement in which the defendants accept responsibility for their actions, and the case is dismissed without a trial. A large number of defendants submit guilty pleas. When a defendant agrees to plead guilty, the District Attorney’s Office and the defendant’s lawyer must come up with a settlement to present before the judge.
10. Trial Preceding
The district attorney or an assistant district attorney presents the state’s case in court with the purpose of establishing beyond a reasonable doubt that the defendant committed the crime(s) charged.