The 201 Process
Shelby County has a very busy and confusing criminal court process that happens mostly at 201 Poplar. This process can be very confusing not only to our clients or other defendants, but for families as well as new attorneys. In this article, we will try to walk you through most of the process so you know what to expect.
Arrest/Booking
The majority of defendants in Shelby County are arrested and brought to 201 Poplar for booking and processing. Usually, they are brought to court the following day, or make bond and are scheduled a court date. This begins the court process. Whether the crime charged is a felony or a misdemeanor, the case will almost always start in General Sessions. There are also General Sessions and municipal courts in Bartlett, Collierville, and Germantown which may handle misdemeanor cases or hear felony cases for the preliminary hearing. Our attorneys practice in all of these courts.
General Sessions
The General Sessions courts have jurisdiction to hear and try misdemeanor cases, and are able to hear preliminary hearings and bond hearings for defendants charged with a felony. At 201, the General Sessions courts are all on the first floor, down in “The Pit” below the escalators. We try to give our clients practical advice. You should always try to be at court by 9:00 a.m., possibly earlier because the line at the public entrance can have a lengthy line. If your case is called and you are not present, the Judge may seek to revoke your bond. If you arrive and your attorney is not there yet, do not panic. Too often we have clients call before court even opens to make sure we will be present. Worrying about your case is completely understandable, especially if you are unfamiliar with the process. If we have been retained, we will be there, though perhaps not right at 9:00. If your case is a misdemeanor case, we can almost always get it settled during the general sessions process, though for some cases, like DUIs it can be better to take the case to the grand jury. You want to have your attorney paid before your court date so that you can resolve your case easily.
Preliminary Hearing
The preliminary hearing is normally the first major hearing in any case. During the preliminary hearing, the State has the burden to show to the court that there is probable cause to believe that a crime has been committed and that the Defendant may have committed the crime. If the Defendant is in custody, and the judge finds probable cause, the Defendant is held in custody until the case is bound over to the grand jury. If the case is dismissed, the Defendant is released, but may still be indicted.
Bond Hearing
In Tennessee, a Defendant has a right to a bond hearing in all cases except for capital cases, and may have the bond adjusted if he can show a change in circumstance. Often what happens is the facts at the preliminary hearing show the true strength of the State’s case, and the Defense attorney can ask for an adjusted bond. This is not always the case, but it can really help to get you out of jail. You may also seek to adjust your bond upstairs. Our attorneys handle many bond hearings, and can assist you with this process.
Waiver/Information
It is possible that, even on a felony case, an agreement can be worked out between the State and a Defendant in General Sessions. This agreement cannot be finalized in General Sessions so the Defendant must waive the preliminary hearing and agree to an information. An information is when the Defendant submits to skip the grand jury process, and to have the charges brought in Criminal Court (“upstairs”) so that the case can be resolved quickly. Once an information is filed, the case does not take long to be resolved.
The Grand Jury/Indictment
Following the preliminary hearing, most felony cases and some misdemeanor cases where the Defendant has waived the jurisdiction of the General Sessions Court, are bound over to the grand jury. The grand jury is comprised of a pool of regular jury members which meet in a secret hearing. The Defendant is not entitled to be present at this hearing. If the Grand Jury finds probable cause, it will submit an indictment formally charging the Defendant with a crime.
Bond Arraignment
Once you are indicted, most people get a letter in the mail telling them that they have been indicted and when their court date will be. Others are arrested and brought back down to 201. The first setting is generally your bond arraignment where the judge asks if you have retained an attorney. Most judges will not set several bond arraignments without special circumstances. If you do not retain an attorney after the first setting or two, the Judge may revoke your bond and appoint a public defender. If you have an attorney, this is when the attorney will begin negotiating with the State and requesting discovery. Your attorney will likely handle the arraignment and enter a formal plea of not guilty for you.
Report Days
Generally, most settings between the bond arraignment and trial are the report settings. On these days, your attorney will show up and discuss the case with you as well as the prosecutors. Then they will speak to the judge and give the judge of report as to where the parties are in the case and if they expect a resolution to be reached. You still need to be at court at 9:00 a.m. on these days, even though it may seem routine. This is the majority of the process up to trial which will not be discussed in this article.
Our attorneys are experts in this process and can guide you through it in a professional, but understanding manner. We know what it is like to be new to the process, and will work diligently to fight for the rights of you or your family member.
