A written order from a judge or magistrate that a person be arrested.

Once the defendant has been arrested, the court may hold a bail hearing, sometimes called a “bond hearing,” to determine whether the defendant should be held in the local jail until the defendant can secure the bail amount or the trial is complete. Bail is an amount paid or pledged by the defendant to make sure he or she will appear in court. Not every case will have a bail/bond hearing.

A probable cause hearing, usually in General Sessions court, to determine if there is reason to believe that a crime has been committed and that the defendant committed it. Attendance by the victim is not always required, but victims do have a constitutional right to be present at all hearings where a defendant is present.*

If it is determined that there is reason to believe a misdemeanor crime has been committed and that the defendant committed it, then the case can be settled by plea (step 8). If it is determined that there is reason to believe a felony crime has been committed and that the defendant committed it, the case is “bound over” to the grand jury (step 5).

An independent group of private citizens who listen to information about the crime and decide whether the case should be formally charged. This is different from a jury trial, and the defendant is not present. The victim’s appearance is required only if subpoenaed or requested.

If the grand jurors decide that a case should go to trial, they “return” an indictment or presentment known as “a true bill” charging the defendant with the crime(s) committed.

The first scheduled appearance by the defendant in Criminal or Circuit Court. A copy of the indictment returned by the grand jury is given to the defendant, who can ask that it be read, and the defendant will enter a plea of not guilty at this stage.  An attorney will make an appearance on behalf of the defendant if retained or the court may appoint an attorney for the defendant if he or she qualifies for court appointed counsel.

This is a negotiated settlement that allows defendants to accept responsibility for their actions and for disposal of the case without trial. A plea agreement is usually an agreement worked out between the District Attorney’s Office and the defendant’s attorney which is then presented to the Judge. The defendant may agree to plead guilty to the crime(s) charged or to a lesser offense. The judge may accept or reject the plea. Additionally, a plea agreement can include an agreement on both the charge and sentence or just on the charges with a sentencing as mentioned in step 10. Although you will not have the final say as to what sentence is given, the District Attorney’s Office values and will consider your input. If no plea agreement is reached, the case goes to trial (step 9). If a plea agreement is reached, the case moves straight to sentencing (step 10).