Guiding You Through Every Step—M J Law
Facing criminal charges can be overwhelming. At M J Law, we guide clients through every phase of the Tennessee criminal justice process, from the first court date in General Sessions Court to trial in Circuit Court. Below, we explain how a typical case proceeds, citing the key statutes and Tennessee Rules of Criminal Procedure that protect your rights at every stage.
General Sessions Court: The First Stop
What Happens Here?
General Sessions Court handles the initial stages of most criminal cases in Tennessee. This court has jurisdiction over:
- All misdemeanor cases (where you can plead guilty, have a bench trial, or request a preliminary hearing)
- Preliminary hearings in felony cases to determine probable cause
- Some municipal ordinance violations
Tenn. Code Ann. §§ 16-15-401, 40-1-109
For Misdemeanors:
- You may plead guilty, have a bench trial (before a judge), or request a preliminary hearing.
- If found guilty, sentencing occurs in General Sessions Court.
- You can appeal a conviction to Circuit Court for a new trial (de novo appeal).
For Felonies:
- The court holds a preliminary hearing to decide if there is probable cause to believe a felony was committed and you are the person who committed it.
- If probable cause exists, your case is “bound over” to the grand jury.
- You may also waive the preliminary hearing and allow your case to proceed directly to the grand jury.
Tenn. Code Ann. § 40-1-107; Tenn. R. Crim. P. 5.1
The Grand Jury and Indictment
After a felony case is bound over, it goes to the grand jury:
- The grand jury reviews the evidence and decides whether to issue a formal charge (indictment).
- If indicted, your case moves to Circuit or Criminal Court for trial.
Tenn. Code Ann. §§ 40-12-101 et seq.; Tenn. R. Crim. P. 6
Circuit (or Criminal) Court Proceedings
Once indicted, your case proceeds in Circuit or Criminal Court:
1. Arraignment
- You are formally advised of the charges and enter a plea (guilty, not guilty, or no contest).
- The judge may address bail or bond conditions.
Tenn. R. Crim. P. 10
2. Pretrial Motions and Hearings
- Your attorney may file motions to suppress evidence, dismiss charges, or address other legal issues.
- The prosecution and defense exchange evidence (discovery).
Tenn. R. Crim. P. 12, 16
3. Plea Negotiations
- Many cases resolve through plea agreements, where you plead guilty in exchange for a recommended sentence or reduced charges.
- The judge must approve any plea deal.
Tenn. R. Crim. P. 11
4. Trial
- If no plea is reached, your case goes to trial before a judge or jury.
- The prosecution must prove guilt beyond a reasonable doubt.
- Both sides present evidence and examine witnesses.
Tenn. R. Crim. P. 23, 24, 26
5. Sentencing
- If convicted, the judge imposes a sentence according to Tennessee law and sentencing guidelines.
Tenn. R. Crim. P. 32; Tenn. Code Ann. § 40-35-210
6. Appeal
- If convicted, you may appeal to the Tennessee Court of Criminal Appeals.
Tenn. R. App. P. 3
Key Statutes and Rules
- General Sessions Court: Tenn. Code Ann. §§ 16-15-401, 40-1-109
- Preliminary Hearing: Tenn. R. Crim. P. 5.1
- Grand Jury: Tenn. R. Crim. P. 6
- Arraignment: Tenn. R. Crim. P. 10
- Pretrial Motions & Discovery: Tenn. R. Crim. P. 12, 16
- Plea Agreements: Tenn. R. Crim. P. 11
- Trial Procedures: Tenn. R. Crim. P. 23, 24, 26
- Sentencing: Tenn. R. Crim. P. 32; Tenn. Code Ann. § 40-35-210
- Appeals: Tenn. R. App. P. 3
Why Choose M J Law?
The criminal process in Tennessee is complex and can move quickly. Having experienced legal counsel from the outset is critical. At M J Law, we stand by your side at every hearing, negotiate with prosecutors, and fight for your rights—whether in General Sessions Court, before the grand jury, or at trial in Circuit Court.
Contact us today to schedule a confidential consultation and protect your future.