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"An arrest is not a conviction."
SM
KNOX COUNTY CRIMINAL JUSTICE SYSTEM
STEP 1 -- ARREST. To be lawful, a police
officer must have probable cause to believe that a crime is being, or has
been, committed. If the arrest is for a misdemeanor offense, the crime must
have been committed in the officer's presence.
STEP 2 -- ARRAIGNMENT. Also called an Initial
Appearance, this proceeding is performed to ensure that a bond has been set,
that the defendant is aware of the charges which have been made, and that a
court date is scheduled. A formal plea of "guilty" or "not guilty" cannot be
requested at this stage.
STEP 3 -- GENERAL SESSIONS COURT. Having
jurisdiction to address both civil and criminal cases, there are five
General Sessions Courts in Knox County. The General Sessions Judges are:
Charles A. Cerny, Jr.
Geoff Emery
Bob R. McGee
Brenda J. Waggoner
Tony W. Stansberry
Criminal cases are resolved in this Court by either a Preliminary Hearing,
Trial without a Jury, or Plea Agreement. However, Sessions Courts do not
have jurisdiction to conduct trials or accept plea agreements in felony
cases.
A Preliminary Hearing requires the State to demonstrate that there is
Probable Cause to believe the defendant committed the offense for which he
or she is charged. Probable Cause means "probably guilty" or "more likely
than not."
STEP 4 -- GRAND JURY. Comprised of 13 people
who meet in secret to again determine if probable cause exists. They meet
with the prosecutor's witnesses only, not with the defendant or his or her
lawyer.
STEP 5 -- INDICTMENT. The formal charge against
the defendant, the Indictment is signed by the Grand Jury and must allege
each element of the crime.
STEP 6 -- CRIMINAL COURT. The highest trial
court in Tennessee. There are three Criminal Courts in Knox County and the
judges for each court are:
Richard R. Baumgartner
Ray L. Jenkins
Mary Beth Leibowitz
In Criminal Court, a defendant is presumed innocent and has the right to
require the State prove guilt beyond a reasonable doubt before a jury of 12
people from the community. All defendants also have the right to confront
their accusor, to compel the appearance of witnesses, and to remain silent
if they choose not to testify.
Defendants have the right to an attorney, and one will be appointed if the
defendant cannot afford one. Should a person be convicted at trial, he or
she has the right to appeal the conviction, or the sentence, or both.
Prior to trial, defense counsel will have the opportunity to file motions -
written documents requesting that the Court take certain action such as
exclude evidence or require the State to disclose information.
Any complaint of unethical conduct by a participating lawyer may be filed with the Tennessee Board of Professional Responsibility by contacting them as follows:
Board of Professional Responsibility
1101 Kermit Drive, Suite 730
Nashville, TN 37217
Phone: 615-361-7500; 800-486-5714
Fax: 615-367-2480
E-mail: ethics@tbpr.org
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