What is a preliminary hearing?

What is a Preliminary Hearing in General Sessions Court in Tennessee?

The bottom line:   In a preliminary hearing in Tennessee’s General Sessions Court, the judge determines whether there is probable cause to continue to the next phase of criminal prosecution.

If you are charged with any crime in Tennessee, the first court you will appear in is the General Sessions Court.  Many cases are resolved in General Sessions Court.  In Tennessee you are entitled to a preliminary hearing if your case cannot be resolved in General Sessions.

A preliminary hearing is not a trial to determine a defendant’s guilt.  Instead, the focus is on whether there is enough evidence to bind over to the Grand Jury.

What Happens during a Preliminary Hearing?

During the hearing, the prosecution will offer evidence of the alleged crime.   Often, this evidence is the witness testimony of a police officer involved in the arrest or investigation.

Your lawyer will have the opportunity to ask the witness questions under oath.  You lawyer may also present witnesses to the court.

After hearing the testimony, the judge will determine whether there is probable cause to bind over the charge to the grand jury.

• There is “probable cause” if there is evidence that makes it reasonable to believe that you committed a crime.
• “Bind over” means that the case will be sent to the grand jury.
• The grand jury is a group of 13 people who review the evidence and decide if there is probable cause (again!) to continue the prosecution in Circuit/Criminal Court.

If the judge finds that there is not probable cause, then the charge is dismissed.

Because very little proof is required to show probable cause, the reality is that most charges are bound over to the grand jury.

Do I need a Lawyer for  a Preliminary Hearing?

Yes.  Even though most charges are bound over, a preliminary hearing can be an important part of your criminal defense.  Your criminal defense attorney will discuss your case with you to determine whether you should have or waive the hearing.  If you have a hearing, your attorney will cross examine the witnesses to elicit relevant testimony.  If you have been accused of a crime, contact Davidson County criminal defense attorney Carla Grebert for a consultation.