A Guide to Grand Jury Proceedings in Tennessee
The right to a grand jury, which is rooted in English common law, is guaranteed in the Fifth Amendment. However, the Supreme Court has never applied this right to state court prosecutions. So, grand juries are only guaranteed in federal crimes. At the state level, they are often limited or almost nonexistent.
The Volunteer State is different. Tennessee has an incredibly complex criminal justice system. Typically, a grand jury reviews all felony cases and most misdemeanors, unless the defendant agrees to an immediate plea bargain.
Many critics charge that a grand jury indictment is essentially a rubber stamp. Indeed, the indictment rate is about 99 percent. However, that high indictment rate may have more to do with the low burden of proof than the grand jury system.
Initial Criminal Procedure in Tennessee
Most criminal cases start in General Session Courts, which are also called First Session Courts. Technically, the defendant has several options in the General Session Court:
- Plead Guilty or No Contest : Plea bargains resolve about 95 percent of the criminal cases in Robertson County. But early pleas are not very common, unless the defendant is in jail. A defense attorney has not researched the law or investigated the facts. Special rules apply to felony pleas in GSC.
- Preliminary Hearing : Typically, preliminary hearings are a good idea if there is a legal defense, such as lack of a search warrant or failure to Mirandize the defendant. Judges are better able to determine these matters than grand jurors.
- Grand Jury Referral : If there is no legal defense, a preliminary hearing may not be necessary, except as a delay tactic. So, many attorneys waive the preliminary hearing, and the case goes directly to the grand jury.
Notice we said the defendant “technically” has several options at this stage. If the defendant is unable to make bail and unwilling to sit in jail, the defendant basically only has one option. That’s to plead guilty and accept whatever punishment the state feels is appropriate. To maximize options at this point, defendants need to partner with Fizer Bonding Company (bail bonds clarksville tn) and get out of jail before trial.
Grand Jury Definition
A Montgomery County grand jury is usually thirteen people. That’s about the same size as a felony jury, which is twelve people. Normally, the grand jury reviews evidence to determine if there is probable cause to bring formal charges against the defendant.
There is no precise definition of “probable cause.” But it is a standard somewhere between reasonable suspicion, which is basically an officer’s evidence-based hunch, and beyond a reasonable doubt.
Assume “Nick” picked up his daughter on Friday night for a weekend visit. On Saturday night, Nick takes his daughter to the Emergency Room because of a head injury. Then officers subsequently arrest Nick and charge him with child abuse.
Based solely on those facts, Nick is probably not guilty of child abuse beyond a reasonable doubt. This is because these facts do not exclude other reasonable possibilities, like falling or a fight with another individual or even falling in the bathtub or shower.
However, there is definitely probable cause to believe that Nick might be guilty. The injury occurred while his daughter was in his care. So, if a grand jury reviewed the case, it would most likely return a “True Bill”
against Nick, which means that the case goes to the next level. If the grand jury determines there was no probable cause, the body would return a “No Bill”. Don’t ask us where these crazy names come from, because we do not know.
Other grand juries investigate cases. Such investigations are especially common in complex financial crimes and large drug trafficking cases. During these investigations, the grand jury has the power to subpoena witnesses.
Apropos of nothing, there is a big difference between a grand jury witness and a grand jury defendant. If you receive a grand jury subpoena to be a witness in a case, there is usually no reason to worry. However, if you are a grand jury defendant, this changes things quite a bit and this is why so many grand jury defendants assert the Fifth Amendment right, which is the right to remain silent.
Grand Jury Indictment
Phase
The normal rules of evidence do not apply in grand jury proceedings. Jurors may consider rumors and innuendos that come from the witness stand. Additionally, in most cases, jurors may conduct their own investigations. In the internet age, that frequently means “Googling”
defendants and seeing what pops up.
Moreover, grand jurors only hear one side of the story in these situations. Only prosecutors may make arguments or question witnesses. In fact, defense attorneys are not even allowed in the grand jury room.
Should I Testify Before the Grand Jury?
If you are a grand jury witness, you probably have nothing to lose by testifying. The grand jury subpoena is public, but the appearance and testimony is private. So, people will know that you received a subpoena, but they will not know that you testified and will also not know what you said.
However, if you are a defendant, answering questions may be something you want to consider carefully, given the aforementioned grand jury definition. Grand jury defendants have no legal counsel for protection. Additionally, given the extremely high indictment rate, your testimony will probably not make a difference. Even the most golden-tongued defendants cannot talk their way out of an indictment.
Additionally, many defendants do not have attorneys at this point. Court-appointed lawyers are only available after the grand jury returns an indictment and the case goes to criminal court. So, defendants have no legal representation and no source of legal advice.
These are just a few reasons why it is so important to exercise your option for release on bail with Fizer Bonding Company. You can call them for a free consultation and information about the bail bond procedure in the Volunteer State, contact Clarksville, TN bail bonds office. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .
“We’ll get your tail outta jail!”
Fizer Bonding Company in Montgomery County Tennessee
(931) 449-9351
Fizer Bonding Company in Robertson County Tennessee
(615) 667-1109
**Disclaimer**
Please be advised that neither www.fizerbailbonds.com
or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com
provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.
The post A Guide to Grand Jury Proceedings in Tennessee appeared first on Fizer Bail Bonds.
