- Grand Jury A grand jury will further examine the case if the judge decides it is worthy of being “bound over” to a Tennessee circuit court. This panel of 13 will again determine if enough evidence exists to send the case to trial. If it does, you will be “indicted”, or formally charged.
- 1 What does it mean if your case is bound over to the grand jury?
- 2 How does a grand jury work in Tennessee?
- 3 What does it mean when a court case is bound over?
- 4 Why does a case go to the grand jury?
- 5 Is bound over a conviction?
- 6 What happens with a bind over?
- 7 How often does grand jury meet in Tennessee?
- 8 What are the responsibilities of the grand jury?
- 9 What is a grand jury in Tennessee?
- 10 What does being bound over mean?
- 11 What does dismissed bound over mean?
- 12 What is meant by a bind over?
- 13 Who picks a grand jury?
- 14 What happens if grand jury does not indict?
- 15 How are preliminary hearings and grand juries different?
What does it mean if your case is bound over to the grand jury?
Pre-trial Conference: The Prosecutor and Defense attorney go over the case, usually with the judge, and let the judge know what specific issues of fact are being disputed and how long the trial is expected to take.
How does a grand jury work in Tennessee?
In a grand jury, the prosecution presents its case without a rebuttal from the defense. Jury members then vote whether to indict or decline to indict. If the grand jury returns a bill of indictment, you face a second arraignment where you will formally enter your plea. The judge may also reconsider bail at this point.
What does it mean when a court case is bound over?
Arrested individuals are bound over for trial when a judge rules there is sufficient evidence to proceed with the case. When a judge makes this determination, the defendant is said to be “bound over” for trial. Defendants who is “bound over” may still be eligible for bail or release on their own recognizance.
Why does a case go to the grand jury?
The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant — usually reserved for serious felonies.
Is bound over a conviction?
Is a Bind Over a conviction? No. A bind over to keep the peace is an order used to prevent certain behaviour from occurring in the future. It is not a conviction in itself and can be ordered against a person who has not been convicted of any criminal offence (see above).
What happens with a bind over?
A “bind over” (also called “held to answer”) means that the prosecution is essentially authorized to file the official charges in a document called an Information. Later, you will be arraigned on that Information and can proceed to trial.
How often does grand jury meet in Tennessee?
Each week three grand juries meet independently of one another: one on Tuesday, one on Wednesday, and one on Thursday. At the end of each session, the indictments are forwarded to the Criminal Court Clerk’s Office for processing and assignment to courtrooms.
What are the responsibilities of the grand jury?
The grand jury plays an important role in white collar criminal matters. It has two main functions: to investigate and to protect citizens against unfounded criminal prosecutions. In its investigative capacity, a grand jury can subpoena documents and witnesses.
What is a grand jury in Tennessee?
The Grand Jury consists of thirteen people who hear evidence and determine if you should be formally charged with a crime. It is a one-sided affair. You and your lawyer do not have the right to appear before the Grand Jury. The job of the grand jurors is not to determine guilt or innocence.
What does being bound over mean?
Binding over orders are a civil disposal available in the Criminal Courts and can, in the right circumstances, provide an effective means of dealing with low-level disorder. In summary, they act as a means of postponing a sentence on conditions.
What does dismissed bound over mean?
In this way, the State is able to present their evidence to the Court. If the Court agrees, then the case is dismissed; otherwise, the case will be bound over to the Circuit Court level, i.e. the trial court. As a criminally accused defendant, you are not required to put forth any evidence on your own behalf.
What is meant by a bind over?
phrasal verb. If someone is bound over by a court or a judge, they are given an order and must do as the order says for a particular period of time. [law] On many occasions demonstrators were bound over to keep the peace.
Who picks a grand jury?
Much like a trial jury, a grand jury is a group of individuals who have been selected and sworn in by a judge to serve a particular purpose in the legal system. In fact, grand jurors are usually chosen from the very same pool of citizens as are trial jurors.
What happens if grand jury does not indict?
If the grand jury doesn’t indict, no charges are filed at that time. In such a case, a prosecutor can come back with more evidence and try to convince the same grand jury to indict. Or the prosecutor could choose to present the same evidence to a different grand jury in hopes of getting an indictment.
How are preliminary hearings and grand juries different?
At a preliminary hearing, a judge hears the state’s evidence and decides whether there is sufficient evidence to require the defendant to stand trial. No judge is present but the grand jury is instructed to review the evidence according to a probable cause standard and determine whether there is sufficient evidence.