Navigating Tennessee’s Legal Landscape: Understanding the Differences Between General Sessions and Criminal Court

Facing criminal charges in Tennessee can be a daunting experience, and the complexities of the state's court system only add to the stress. One of the most important distinctions to understand is the difference between General Sessions Court and Criminal Court. These courts serve different purposes, have different procedures, and handle different types of cases. Knowing the role of each court is crucial for anyone involved in the criminal justice system, whether as a defendant, a witness, or even a concerned family member.

General Sessions Court: The First Stop in Tennessee’s Criminal Justice System

General Sessions Court is typically the first point of contact for individuals facing criminal charges in Tennessee. This court handles a wide variety of cases, ranging from minor offenses to the preliminary stages of more serious criminal matters.

Jurisdiction and Types of Cases

General Sessions Court has jurisdiction over misdemeanor offenses, which are less severe crimes punishable by up to 11 months and 29 days in jail, along with possible fines, probation, or community service. These crimes include offenses such as:

• Simple Assault: A minor physical altercation without the use of a weapon.
  

• Petty Theft: Stealing property valued under $1,000.
  

• Driving Under the Influence (DUI): First or second offense DUI cases.
  

• Possession of Small Amounts of Controlled Substances: Minor drug possession charges.
  

In addition to misdemeanors, General Sessions Court is responsible for conducting preliminary hearings in felony cases. A preliminary hearing is a crucial stage in the criminal process where the judge determines whether there is sufficient evidence to send the case to Criminal Court for trial. This hearing is not about determining guilt or innocence but rather about establishing probable cause.

Discovery

In Tennessee's General Sessions Court, defendants are not entitled to full discovery, which means they do not have the right to access all the evidence the prosecution has against them before the trial. Unlike in Criminal Court, where the discovery process is more comprehensive, General Sessions operates on a more expedited timeline, and the exchange of evidence is often limited. This can put defendants at a disadvantage because they may not fully understand the strength of the prosecution's case or have the opportunity to prepare a complete defense before the case is heard.

The Process in General Sessions Court

When a criminal case is first brought to General Sessions Court, the process typically unfolds as follows:

• Arraignment: The defendant’s first appearance before a judge, where they are informed of the charges against them, their rights, and the bail amount, if applicable.
  

• Preliminary Hearing: If the case involves a felony, a preliminary hearing is scheduled. During this hearing, the prosecution presents evidence to show that a crime was committed and that the defendant is likely the perpetrator. The defense can cross-examine witnesses and challenge the evidence, but the judge does not decide guilt or innocence at this stage.
  

• Trial (for misdemeanors): If the case involves a misdemeanor and the defendant does not plead guilty, the case may proceed to a bench trial, where a judge alone will hear the evidence and render a verdict.
  

No Jury Trials in General Sessions Court

One of the most significant differences between General Sessions and Criminal Court is the absence of jury trials in General Sessions Court. All cases are decided by a judge, which can make the process quicker but also means that the defendant does not have the right to a trial by a jury of their peers at this stage.

Sentencing in General Sessions Court

If a defendant is convicted of a misdemeanor in General Sessions Court, the judge can impose a sentence within the limits of the court’s jurisdiction. This may include jail time, probation, fines, or a combination thereof. For felony cases, if the judge finds probable cause during the preliminary hearing, the case is transferred to Criminal Court for further proceedings.

Criminal Court: Handling Tennessee’s Serious Criminal Cases

Criminal Court is where more serious criminal cases are heard, particularly felony cases that have been bound over from General Sessions Court. This court has broader jurisdiction, handles more complex cases, and offers additional legal protections to defendants.

Jurisdiction and Types of Cases

Criminal Court has jurisdiction over all felony offenses, which are serious crimes that carry penalties ranging from one year in prison to the death penalty. Felony offenses can include:

• Aggravated Assault: A more severe form of assault that may involve a weapon or intent to cause serious bodily harm.
  

• Burglary: Breaking into a building with the intent to commit a crime, such as theft or vandalism.
  

• Drug Trafficking: Possession of large quantities of controlled substances with the intent to distribute.
  

• Homicide: Murder or manslaughter charges.
  

Criminal Court also handles appeals from General Sessions Court for misdemeanor convictions. If a defendant is unhappy with the outcome of their case in General Sessions, they can appeal to Criminal Court, where they may receive a new trial, this time with the option of a jury.

The Process in Criminal Court

The criminal process in Criminal Court is more formal and complex than in General Sessions Court. Key stages include:

• Grand Jury Indictment: In many felony cases, before a case proceeds to trial in Criminal Court, it must first be reviewed by a grand jury. The grand jury hears evidence presented by the prosecution and determines whether there is enough evidence to indict the defendant, meaning to formally charge them with a crime.
  

• Arraignment: After indictment, the defendant is arraigned in Criminal Court, where they enter a plea of guilty, not guilty, or no contest.
  

• Pre-Trial Motions: Both the defense and prosecution may file various motions before the trial, such as motions to suppress evidence or dismiss charges. These motions can significantly impact the outcome of the case.
  

• Trial: Criminal Court trials can be either bench trials (heard by a judge) or jury trials (heard by a jury of the defendant’s peers). The trial is a more elaborate process, involving opening statements, witness testimony, cross-examination, and closing arguments.
  

• Sentencing: If the defendant is found guilty, the judge will impose a sentence. Sentences in Criminal Court can range from probation to life in prison or even the death penalty, depending on the severity of the offense.
  

Jury Trials in Criminal Court

One of the fundamental rights available in Criminal Court is the right to a jury trial. This means that a group of citizens, rather than just a judge, will hear the evidence and determine the defendant’s guilt or innocence. The jury trial is a cornerstone of the American legal system and provides an additional layer of protection for defendants.

Plea Bargains and Sentencing in Criminal Court

Plea bargains are a common resolution in Criminal Court. In a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence or the dismissal of other charges. This can be an attractive option for defendants facing serious penalties, as it provides a degree of certainty and control over the outcome of their case.

Sentencing in Criminal Court is more varied and severe than in General Sessions Court. Judges have the authority to impose lengthy prison sentences, hefty fines, and other penalties. They also have the discretion to consider various factors, such as the defendant’s criminal history, the circumstances of the offense, and any mitigating or aggravating factors, when determining an appropriate sentence.

Post-Conviction Relief in Criminal Court

Criminal Court is also the venue for post-conviction relief. If a defendant believes they were wrongfully convicted, received an unfair trial, or were given an excessively harsh sentence, they can file motions for relief in Criminal Court. These motions might include appeals, petitions for a new trial, or requests for sentence reduction.

Choosing the Right Defense Strategy

Understanding the distinction between General Sessions and Criminal Court is essential for anyone involved in Tennessee’s criminal justice system. The type of court that handles your case will significantly influence the legal strategies available to you, the potential outcomes, and the rights you have at each stage of the process.

• In General Sessions Court: If you are facing misdemeanor charges or a preliminary hearing for a felony, your strategy may focus on negotiating a plea deal, challenging the evidence at the preliminary hearing, or preparing for a bench trial.
  

• In Criminal Court: For more serious felony charges, your strategy will likely involve a more detailed examination of the evidence, consideration of pre-trial motions, and preparation for a jury trial. The stakes are higher, and the legal process is more complex, making skilled legal representation even more critical.
  

Regardless of which court your case is in, having an experienced attorney by your side can make a significant difference. A knowledgeable lawyer can help you understand the nuances of each court, develop a strong defense strategy, and advocate for your rights at every stage of the process.