The Basics of Big Court

Circuit Court or Criminal Court is often referred to as “Big Court”.  This is where jury trials occur and where you see just who can handle the truth.  This is where a skilled attorney can take a case where a Defendant is facing mandatory jail time and make it all disappear.  This is where the magic happens.  Some lawyers fear to tread here, but to us at Fendley, Fendley, & Hahn it’s just another day at the office.

Hiring a lawyer for Circuit Court is more expensive than General Sessions.  The reason being your attorney should be preparing for a jury trial.  Even if you hope to enter into a plea deal, there’s no way to bargain quite like being ready for a war.   As my Father always says, “I walk around ready.”  That is a maxim all good lawyers would do well to live by.

Here, like in General Sessions you start off with an arraignment.  At that arraignment you or your attorney will be provided with a copy of your Indictment, referred to as a True Bill.  This is what the State brings before the grand jury uses to charge you with a crime.  You can also be charged through other instruments, but an Indictment is most common in Montgomery County.

After that there is a settlement date.  As one with even a limited imagination can surmise, this is an opportunity to enter into a settlement, a plea deal to resolve your case.  Judges here don’t like to extend these dates very often, but there are situations where another settlement date may be set.  This is also the first chance for pretrial Motions to be heard.

Pretrial Motions should be filed as quickly as possible.  Just having them pending can help your settlement position.  And of course if your attorney is moving to suppress evidence, it is always best to have that hearing earlier on if possible.  Whether it is denied or granted will have a serious impact on a case.  It may cause some cases to be dismissed completely, such as in State of TN v. Wesley Nightwine, my first big suppression win (and consequently my first appearance in the Court of Criminal Appeals in Nashville to Defend my win).  That is proof as to how important it is to have pretrial motions filed ahead of time.  But I digress.

Next comes the Trial Conference, another opportunity to settle and also for Hearings on Pretrial Motions.  And then of course the mainstay of the American Justice system, the Jury Trial.  This is where 12 citizens weigh the facts presented by the State and those presented by the Defense, if any are presented, and decide if the State has proven beyond a “Reasonable Doubt” that the Defendant is guilty as charged in the Indictment.  But everyone knows what a jury trial is and that is not really the end of the line for the criminal trial process. 

There can be more after Circuit Court, but this is the Court room that they make movies about.  This is why I went to law school to be a trial lawyer.

Jake Fendley

Attorney at Law

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

Fendley, Fendley, & Hahn – Help When You Need it the Most