Your First Court Date in General Sessions

What General Sessions Court Handles

Almost every criminal case in Tennessee starts in General Sessions Court. Here is what that court does, what happens at your first date, and the choices you may be asked to make. Talk to a lawyer before you make any of them.

Misdemeanors. A Sessions judge can decide a misdemeanor case and sentence you, but only if you plead guilty in writing, or you ask for a trial before the judge and give up in writing your right to a grand jury and a jury trial (Tenn. Code Ann. § 40-1-109).

Felony preliminary hearings. Sessions does not try felonies. It decides whether there is enough evidence to send the case to the grand jury.

At your first appearance. On a misdemeanor, the judge asks how you plead. A guilty plea must be in writing, and the judge must tell you about your right to a jury trial and to be charged only by indictment (Tenn. R. Crim. P. 5(c)). On a felony, you are not asked to plead. The judge must tell you the charge, your right to a lawyer, your right to an appointed lawyer if you cannot afford one, your right to stay silent, how you can get pretrial release, and your right to a preliminary hearing (Rule 5(d)).

A lawyer, even if you cannot afford one. If you are charged with a felony or a misdemeanor that could bring jail time, you can ask for an appointed lawyer. You fill out a sworn Affidavit of Indigency and the judge decides. An administrative fee is charged when counsel is appointed, and you may be ordered to pay part of the cost if you are able (Tenn. Sup. Ct. R. 13).

The preliminary hearing.

• It must be set within 14 days if you are in jail and 30 days if you are out, counted from your first appearance (Rule 5).

• The judge decides whether there is probable cause that a crime was committed and that you committed it. Your lawyer can cross-examine the State's witnesses and present evidence (Rule 5.1).

• If probable cause is found, the case is bound over to the grand jury. If not, the charge is dismissed, although the State can still seek an indictment later (Rule 5.1).

• You can waive the preliminary hearing and go straight to the grand jury. Get advice first: the hearing is often the first time you hear the State's witnesses under oath.

• Do not miss it. Failing to appear waives the preliminary hearing unless you show, within 14 days, clear and convincing evidence that your absence was beyond your control (Rule 5).

Continuances. The hearing deadlines can be extended with your consent for good cause. Without your consent, only for extraordinary circumstances (Rule 5).