by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Issuance. After the grand jury returns an indictment or presentment, the clerk shall issue a capias or a criminal summons for each defendant named in the indictment or presentment:(1) who is not in actual custody;(2) who has not been released on recognizance or...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Mandatory Joinder of Offenses.(1)Criteria for Mandatory Joinder. Two or more offenses shall be joined in the same indictment, presentment, or information, with each offense stated in a separate count, or the offenses consolidated pursuant to Rule 13, if the...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) General Provision. The definition, form, use, return, endorsements, content, and procedure relating to indictments, presentments, and criminal information are as provided by law.(b) Amending Indictments, Presentments and Informations.(1)With Defendant’s...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Formation of the Grand Jury.(1)Formation at a Regular Term. On the first day of each term of court at which a grand jury is required to be impaneled, the judge of the court authorized by law to charge the grand jury and to receive its report shall direct the names...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Procedures. The following rules apply to a preliminary hearing: (1)Evidence. The finding that an offense has been committed and that there is probable cause to believe that the defendant committed it shall be based on evidence which may not be inadmissible hearsay...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) In General.(1)Appearance Upon an Arrest. Any person arrested-except upon a capias pursuant to an indictment or presentment-shall be taken without unnecessary delay before the nearest appropriate magistrate of:(A) the county from which the arrest warrant issued;...
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