The criminal justice system can be very trying and difficult to understand. We hope to give you a better understanding of what Criminal Court is, how it operates, and how that might affect you and your case.

Generally, cases can arrive in Criminal Court one of three ways: by way of indictment, by presentment or by information.

Most cases are concluded in Sessions Court and proceed no further. Some cases, however, are bound over to the Knox County grand jury either after a preliminary hearing was held and a judge found probable cause to believe you had committed a criminal offense, or after you waived your preliminary hearing and sent your case to the Knox County grand jury.

When the grand jury met to discuss your case, they decided that there was probable cause to believe that an offense was committed and that you probably committed the offense. Having found probable cause in your case, the grand jury then returned an indictment against you, which begins the proceedings in Criminal Court.

Another way cases get to Criminal Court is when the grand jury returns a presentment. A police agency, after investigating a case, is not required to obtain an arrest warrant for a suspect but can, with the assistance of the district attorney's office, proceed directly to the grand jury. This will, of course, deny you an opportunity to have a preliminary hearing in Sessions Court. If the grand jury determines probable cause exists to believe you have committed a criminal violation, it will return what is called a presentment.

A presentment is similar to an indictment. The only real difference is that on a presentment, the case did not begin by the issuance of an arrest warrant and travel through Sessions Court. The case went directly to the grand jury.

Finally, a case can proceed to Criminal Court by way of information. An information usually bypasses the grand jury process and can by-pass Sessions Court. You can only be charged by way of information with your consent. Usually, an information is done if you and your attorney want to speed up the process and get the matter to Criminal Court quickly. Whether an information is appropriate in your case is a significant decision to make and should be done only after careful and detailed communication with your lawyer.

Soon after the court appoints our office to represent you in Criminal Court, your attorney will conduct a complete interview with you concerning your charges. In order that your attorney can best represent you, you need to be completely open and provide him or her with all the information known to you concerning your case. If after that initial interview you remember something that you forgot to tell your attorney, it is very important for you to follow-up with that information, immediately contact your attorney and let him or her know that information.

You must also provide your attorney with the names, addresses and phone numbers, if you know them, of any people who may have information about the case. Your attorney will be contacting these witnesses and determine if they have information that can assist in the defense of your case.

Your attorney may also need to know historical information about you to better represent you. That might include your medical, educational, psychological, employment and military background just to name a few areas. The attorney may need to obtain records in those areas and other information about your background that could be important to your case. Therefore, your attorney may have you sign release of information forms to get any appropriate records that may exist concerning you.

Additionally, your attorney may need to inquire about your history of drug and/or alcohol use. Please be honest and forthcoming regarding this information. It may prove to be of assistance in your case.

This office has 3 people that are certified to do drug and/or alcohol assessments to determine if you have a problem coping with drugs or alcohol. If you think you have a drug or alcohol problem, I would encourage you to ask your lawyer to have you assessed. We can do it here in the office. All findings are confidential. No one but you, your lawyer and the assessment counselor will know what was discussed. In the event you do have a need for treatment, the counselor will recommend the appropriate treatment plan and, with your permission, will attempt to make arrangements to get you entered in the right programs. These treatment programs will consider your financial and work situations.

The first type of date the court might set, a motion date, is when you appear in court for one of several reasons. Your attorney may file motions in your case that are contested by the district attorney's office and the court may need to hear evidence and make a ruling to let the attorneys know how they are to proceed. It is possible that you could be asked by your attorney to testify at one of these hearings. Your attorney will discuss fully with you the ramifications of testifying at such a hearing.

However, motion days are used for things other that hearing motions. In the event you, your attorney, and the assistant attorney general on the case have been able to reach an agreement as to how your case should be resolved, motion days can be used for the judge to take guilty pleas.

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