Criminal Procedures
Step 1: First Appearance (General Sessions Court)
A First Appearance is where the charges against the defendant are read before a judge. At a first appearance, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea (guilty, not guilty, no contest) is entered. In some cases, the judge will allow the defendant to represent themselves if they do not wish to appoint a lawyer. If the defendant is charged with a felony, a plea cannot be entered at the General Sessions Court level. The defendant may request a preliminary hearing or waive the right to have a preliminary hearing and bind the case over to the Grand Jury.
Step 2: Preliminary Hearing
The defendant may request a preliminary hearing, in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced that probable cause exists, the case may be bound over to the Grand Jury. If the judge does not agree that the prosecution has demonstrated probable cause, the charges are dropped.
Step 3: Arraignment (Grand Jury)
Once the case reaches the Grand Jury, this arraignment hearing is the same procedure as the first appearance.
Step 4: Pretrial Hearing & Motions
A motion is a request asking a judge to issue a ruling order on a legal matter. The pretrial is a hearing to resolve outstanding issues and it is often an appropriate time to attempt to settle or 'plea bargain' the case.
Step 5: Jury Trial
Both the prosecution and defense present evidence and call witnesses, in front of a judge and a twelve-member jury. The jury will examine the evidence and return a verdict. The judge will interpret the verdict for sentencing, according to state law.
Victims of crimes may be issued a subpoena to appear in court; regardless whether they wish to prosecute the defendant or not.
