The criminal court process in Tennessee usually begins with serving the defendant with an arrest warrant, which may contain important information from the victim. Once arrested, the defendant may be afforded bail and a preliminary hearing.

A grand jury will hear the facts of the crime to determine if an indictment should be served on the defendant. The victim of the crime may be called to testify at the grand jury hearing. If an indictment is served, the defendant then has his or her first appearance in court, which is called an arraignment.

In lieu of going to trial, most cases are settled through a plea agreement. If the prosecutor and defendant cannot arrive at a plea agreement, a trial is held. The actual trial may be held on short notice and therefore the witness and victim may be required to be on stand-by or on call. This saves the witnesses and victims from having to wait at the courthouse. Uncooperative witnesses may be subpoenaed. If the defendant is found guilty, next comes a sentencing hearing. At the sentencing hearing, the defendant will be given a term of imprisonment and fine as determined by the Sentencing Matrix of the Tennessee Truth in Sentencing Law. The defendant is afforded the right to appeal the conviction. If the defendant does have to serve time in prison, he may be eligible for parole.

Warrant:
A written order from a judge that a person be arrested. If you are a victim or a witness, the warrant is based on a written statement about the crime in which you were involved.

Bail:
An amount paid or pledged by the defendant to make sure he or she will appear in court.

Preliminary Hearing:
A hearing before the Trial Justice Judge (in Oak Ridge, the City Court Judge), who hears some of the evidence and decides if there is "probable cause" that a crime has been committed and that the defendant committed it. If so, the case will be "bound over" to the grand jury. This is not "the trial" of the case. Misdemeanor cases may be resolved at this stage if the defendant waives his right to a jury trial.

Grand Jury:
An independent group of 13 private citizens of the County, including a foreman. They meet in secret and listen to the State's evidence about the crime in order to decide whether the case should go to trial. It takes 12 of the 13 grand jurors voting for a True Bill for the case to be indicted. Less than 12 votes results in No True Bill, which means the case is dismissed.

Indictment:
If the grand jurors decide that a case should go to trial, they "return" an indictment or presentment charging the defendant with the crime or crimes he may have committed.

Arraignment:
If the Grand Jury returns a True Bill the case is brought to Criminal Court for final disposition. The arraignment is the first scheduled appearance by the defendant in Criminal or Circuit Court. The indictment returned by the grand jury is read and the defendant is given a copy and a trial date may be set.

Plea Agreement:
This is sometimes inaccurately called "plea bargaining," which is a term used to describe a method of disposing of cases without a trial. Most defendants plead guilty. Once a defendant decides to plead guilty, it is up to the District Attorney's Office and the defendant's attorney to work out an agreement to present to the judge. The defendant may agree to plead guilty to the crime(s) charged or to a lesser offense, and there may be an agreement that the District Attorney's Office will recommend a sentence to the judge. The judge may accept or reject the plea. Although the vicitm will not have the final say as to what sentence is given, the District Attorney's Office is interested in the victims views on the defendant and the crime.

Trial:
The court proceeding in which the District Attorney, or an Assistant District Attorney, presents the case for the State, attempting to prove beyond a reasonable doubt that the defendant committed the crime as charged. The defendant may present proof to dispute the State's claim. Usually the defendant chooses whether a judge or a twelve person petit jury will decide the case. If the defendant is found guilty, s/he has the right to appeal to the Court of Criminal Appeals. If s/he is found not guilty, the case is over because the State can not appeal due to the Constitutional prohibition against double jeopardy.

Stand-By or On Call:
If the lawyers are unsure whether a case will be ready you may be told not to come to court unless called at the last minute by a Victim-Witness Coordinator or someone else in the District Attorney's Office. You will be asked to stay close to your telephone during court time so that you can be reached if needed. This often saves victims and witnesses unnecessary trips to court.

Subpoena:
A subpoena or summons is a court order directing you to appear in court at a stated time and place. If you receive one, you must appear in court. Failure to appear can result in your being placed under arrest and having to post bond.

Sentencing Hearing:
After a defendant's guilty plea is accepted or he or she is found guilty after a trial, the judge decides what happens. The defendant may be sent to prison or jail, or the sentence may be "suspended" and the defendant put on probation. At the sentencing hearing, the defendant will be given a term of imprisonment and fine as determined by the Sentencing Matrix of the Tennessee Truth in Sentencing Law. Probation means the defendant is left free as long as he or she does what the judge has told him to do. He or she may also be placed in other programs, such as "Community Corrections."

Appeal:
Convicted defendants have a right to appeal their convictions and sentences to higher courts. These courts examine the record made of the trial proceedings to determine if reversible error has occurred. If a higher court finds that serious errors occurred in the trial proceedings it may remand the case for a new trial or even dismiss the charges. Although most appeals are unsuccessful, the process is often very lengthy.

Parole:
"Parole" is the release of a person from prison before the end of his sentence, under certain conditions or restrictions which must be met or the person will be returned to prison.