Charged with a crime in East Tennessee?

 

Being arrested or charged with a crime is a tumultuous time. You may be wondering what has happened, and what will happen next. It can be a time of confusion and is often overwhelming. 

 

Here are the basics of what happens once you’ve been charged with a crime in the State of Tennessee. 

 

The arraignment:

 

If you are arrested, you’ll be booked into jail. You’ll be placed in a temporary hold for usually 12 to 24 hours while you wait to go before the judge. The first time you’ll see the judge will be at your arraignment hearing. This usually occurs the following business day after your arrest. At the arraignment, three important things will happen:

 

1. You’ll find out what crimes you’ve been charged with;

2. You’ll find out if you have a bond, and if so, what the amount of the bond is; and

3. You’ll be given your next court date and the opportunity to get counsel. 

 

Understanding what you’ve been charged with is very important as it will dictate your journey through the criminal justice system. The more serious the crime, the higher your bond will be, and the greater the potential jail sentence or fine. 

 

Bond Hearing:

 

At the arraignment hearing, you can also request a bond reduction. A judge may consider what you have to say, and may consider lowering the bond if you have a compelling reason. Judges at this stage, do not care really whether you are guilty or not. Rather, the bond is being set based on your threat to the community and your flight risk. So, don’t try to convince the judge that you are not guilty. Rather, focus on convincing the judge that you aren’t a flight risk. Emphasize your connection to the community. For example, the judge is more likely to lower the bond for someone who has lived in the area for a long time, has a stable job, and does not have a long criminal history. 

 

Getting Counsel:

 

At the arraignment, you’ll also be asked if you’d like to apply for the public defender. If you think you might qualify for the public defender then it’s highly recommended that you apply. If the judge does not ask about getting counsel, then you can bring this up on your own. Politely ask the judge how to apply for the public defender. Qualifying for the public defender is largely based on your ability to pay. This means that if you do not have many assets (houses, cars, etc.) and your income is low, then you should qualify. Also, it’s important to note that if you are able to post a large bond, then the judge may consider your ability to post bond as evidence that you can afford to hire counsel. So, if you have the ability to post a bond of around $10,000 or more, then the judge may consider that as proof that you have sufficient funds to hire counsel. 

 

It never hurts to apply for the public defender to see if you qualify. Public defenders are often excellent attorneys who have intimate knowledge of the criminal system and good relationships with the courts and district attorney. 

 

Preliminary Hearing:

 

After the arraignment, your next court date will be for the preliminary hearing. The preliminary hearing is also called a probable cause hearing. This is where the state presents evidence in an attempt to convince the judge that you may have committed the crime that you’ve been charged with. The standard of proof is probable cause, and this is a very low burden. So, the vast majority of cases pass the probable cause threshold. It’s very rare for a case to get dismissed during a probable cause hearing. That being said, if the prosecutor is relying on a key witness, and that witness fails to show up, then you may have a strong chance of getting the case dismissed. But if the witnesses cooperate, then your chances of winning a preliminary hearing are slim. 

 

So, what’s the point of the preliminary hearing? It’s an opportunity to learn about the prosecutor’s case. You and your attorney will have the opportunity to listen to the prosecutor’s case and the evidence that they have. The prosecutor won’t put on all of the evidence that they have, but you’ll get a sneak peak of what they will do at a full blown trial. 

 

Often times the preliminary hearing is waived as a negotiation tactic to get concessions from the prosecutor’s office. For example, you may waive the preliminary hearing in exchange for getting a bond reduction, or for getting a reduced sentence. And sometimes cases are settled before the preliminary hearing. Your attorney may be able to negotiate an acceptable deal with the prosecutor’s office. This might come in the form of probation in lieu of prison. Or you might get a reduced or lesser sentence. Or the prosecutor might drop some of the charges in exchange for a plea deal on a different charge. 

 

The point is, that the preliminary hearing sometimes occurs as scheduled. But other times, it is postponed, or waived, or a plea deal is entered rendering the preliminary hearing unnecessary. It’s not a one-size-fits all. So go into the process understanding the potential outcomes and be flexible based on the opportunities presented.