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The Tennessee Criminal Case Process

A Tennessee criminal case generally moves from arrest and booking, to bond, to General Sessions Court (which handles preliminary hearings for felonies and most misdemeanor trials), to a grand jury indictment for felonies, and finally to trial in Circuit or Criminal Court. Misdemeanor convictions in General Sessions can be appealed to Circuit/Criminal Court.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Tennessee criminal-defense attorney about your case.

Knowing the basic path of a Tennessee criminal case takes some of the fear out of it. Here’s how most cases move.

The steps

  1. Arrest and booking. A person is taken into custody (with or without a warrant) and processed.
  2. Bail / bond. The court sets conditions for release pending trial.
  3. General Sessions Court. This limited-jurisdiction court (in all 95 counties) handles the early stages — the preliminary hearing for felonies and the trials of most misdemeanors.
  4. Preliminary hearing. A General Sessions judge decides whether there’s probable cause to bind a felony over to the grand jury. It’s not a trial and doesn’t decide guilt.
  5. Grand jury indictment. For felonies, the grand jury reviews the case and returns an indictment (some cases begin by direct indictment or presentment).
  6. Trial. Felony trials are held in Circuit Court or Criminal Court — courts of general jurisdiction. These courts also hear misdemeanor appeals from General Sessions.

General Sessions vs. Circuit/Criminal Court

  • General Sessions Court = limited jurisdiction; preliminary hearings and most misdemeanors.
  • Circuit / Criminal Court = general jurisdiction; felony trials and misdemeanor appeals. (Busier districts have a separate Criminal Court; elsewhere, Circuit Court judges hear criminal cases.)

Your rights run throughout

At every stage you have the right to a lawyer (appointed if you can’t afford one), the right to remain silent, and the presumption of innocence — the State must prove guilt beyond a reasonable doubt.

For specific charges, see DUI, drug charges, assault, and theft. To get matched with a local attorney, connect with a lawyer.

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Frequently asked questions

What is a preliminary hearing in Tennessee?
A hearing in General Sessions Court where a judge decides whether there's probable cause to send a felony case to the grand jury. It isn't a trial and doesn't decide guilt or innocence.
What court will my case be in?
Misdemeanors and the early stages of felony cases are usually in General Sessions Court; felony trials are in Circuit Court or Criminal Court. You can appeal a General Sessions misdemeanor conviction to Circuit or Criminal Court.
Do I get a free lawyer if I can't afford one?
Yes. If you can't afford an attorney and face possible jail, the court appoints counsel — a constitutional right under the U.S. and Tennessee Constitutions.

Sources

Related guides

  • Tennessee Assault & Domestic Assault Charges Tennessee simple assault (T.C.A. § 39-13-101) is a misdemeanor, but it becomes the felony of aggravated assault (§ 39-13-102) when there's serious bodily injury, a deadly weapon, or strangulation. Domestic assault (§ 39-13-111) is an assault against a 'domestic abuse victim' and carries enhanced consequences and firearm restrictions.
  • Tennessee Drug Charges Tennessee drug charges turn on what you did with the substance. Simple possession or casual exchange (T.C.A. § 39-17-418) is generally a Class A misdemeanor, while manufacturing, delivering, selling, or possessing with intent (§ 39-17-417) is a felony graded by the drug's schedule and amount. Tennessee classifies substances into schedules under § 39-17-403 and following.
  • Tennessee DUI Charges Tennessee DUI law (T.C.A. § 55-10-401) makes it illegal to drive while impaired or with a BAC of 0.08% or more — lower for commercial drivers (0.04%) and drivers under 21 (0.02%). The implied-consent law means refusing a test triggers a license suspension. Penalties escalate with each prior offense, and a fourth DUI is a felony. Confirm specific jail minimums and fines against the current statute.
  • Tennessee Theft & Property Crimes Tennessee consolidated old larceny/embezzlement offenses into one 'theft of property' offense (T.C.A. § 39-14-103), graded by the value of what was taken (§ 39-14-105). Theft of $1,000 or less is a Class A misdemeanor; above that, it's a felony with the class rising as the value increases. Confirm the current dollar tiers against the statute.

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