What to Expect in General Sessions

From Arraignments and Docket Calls to Prelims and Trials

What to Expect in General Sessions

Ah, General Sessions, my favorite Court room, usually…  You can NOT be found guilty here unless you agree to it, usually.  And remember there is usually a “usually” at the end of all statements from lawyers pertaining to the law.  There is an exception to every rule, usually.  But I digress from my intended topic of conversation, General Sessions, the mad house of wheeling and dealing and preliminary hearings.

Now there is nothing to fear but fear itself in General Sessions.  It’s always cheaper to hire a lawyer for this Court (usually) and you can only be convicted of misdemeanors.  And you can only be convicted if you agree to the conviction and start waiving those rights secured by the constitutions of the United States and the great state of Tennessee, usually.  Yes sometimes you can be convicted here without your consent but more on that later.

The criminal procedure in Montgomery County General Sessions starts off with an arraignment.  Now this is easy if you hire a lawyer first, we can get in and out of a 10:30 arraignment before 9:30.  Because we lawyers are just that great, usually.. oh and modest too, usually.

After the arraignment one of two things can occur.  Your case can be set for a docket call or for a trial date.  The trial date is usually not really a “trial” but a preliminary hearing.  Trial is just easier to say and we lawyers know the difference, usually.  Preliminary hearings are discussed in a bit more detail below. 

The Court will grant docket calls when Defendants are in need of more time to retain counsel, that’s the lawyer way to say “hire a lawyer”.  Once you’ve retained counsel or the Court has appointed you an attorney, your case begins to move towards that trial date.

At the trial date and sometimes prior to, your lawyer speaks to the witnesses the State has there to testify which includes the arresting officer, usually.  We defense lawyers talk to the Assistant District Attorneys prosecuting your case to see if there is a chance to come up with an amicable resolution.  These resolutions must be agreed upon by you, so if you don’t like the deal, don’t take it.  But you should probably listen to your lawyer’s advice on what to do.

If no resolution can be reached then we hold a preliminary hearing.  The main issue before a Court on a Preliminary Hearing is whether or not there is probable cause to bind your case over to the grand jury.  Also at the conclusion of your preliminary hearing the General Sessions Judge will have a decision to raise, lower, or keep your bond the same.  Almost all cases are bound over to the grand jury but this is your first chance to confront witnesses against you and is a vital stage in your defense, usually. 

Sometimes an attorney is able to get your charges dismissed in General Sessions Court.  This may seem like a good time to celebrate.  However, even if that rare result is achieved don’t pop the bottles of champagne yet, the State can still move your case forward by going to the grand jury anyways.

But don’t lose heart, General Sessions Court provides you with a good opportunity to resolve your legal woes.  You have a chance to settle your case presuming your convictions can be reduced to a misdemeanor if they aren’t already.  And you have a chance to lock in and discovery testimony which could be used against you or even for your benefit in a jury trial on the crime for which you are undoubtedly wrongfully accused, usually.

Jake Fendley

Attorney at Law

Call 931-245-HELP (4357) to schedule a free consultation or speak with a Clarksville Criminal Defense Attorney.

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