What Happens at a Preliminary Hearing in Tennessee?
What is a preliminary hearing?
A preliminary hearing is a court proceeding held before a judge or magistrate in which the prosecution must demonstrate that there is probable cause to believe a crime was committed and that the defendant committed it. It isn’t a trial. The defendant isn’t required to prove innocence, and no verdict is reached. The sole question before the court is whether the state has enough evidence to justify moving the case forward.
In Tennessee, preliminary hearings are conducted in General Sessions Court before the case is bound over to the grand jury. If the grand jury returns an indictment, the case then proceeds in Criminal Court or Circuit Court.
How is a preliminary hearing different from an arraignment?
These two hearings are often confused, but they serve very different purposes. An arraignment is the proceeding at which a defendant is formally informed of the charges against them and enters a plea of guilty, not guilty, or no contest. It is largely procedural. Bail may also be addressed at or around the time of arraignment.
A preliminary hearing typically occurs before a case is presented to the grand jury. After an indictment, the defendant is arraigned in Criminal Court or Circuit Court. By contrast, the preliminary hearing is where the prosecution actually has to show its hand, at least in part, and where a skilled defense attorney can begin to challenge the foundation of the state’s case.
What does the prosecution have to prove?
The prosecution doesn’t need to prove guilt beyond a reasonable doubt at a preliminary hearing. That standard is reserved for trial. Instead, the prosecution must show probable cause, which is a much lower standard. Probable cause means there are reasonable grounds to believe that a crime was committed and that the defendant is the person who committed it.
To meet the standard, prosecutors typically call one or two witnesses and present just enough evidence to clear the threshold. They are not required to reveal their full case at this stage, and they generally will not. Even so, what they do present can be revealing and consequential.
What can a defense attorney do at a preliminary hearing?
A preliminary hearing becomes genuinely valuable for the defense, and having an attorney present can influence the outcome. Your attorney has the right to cross-examine any witness the prosecution calls. That opportunity should not be underestimated.
An experienced criminal defense attorney uses cross-examination at the preliminary hearing to accomplish several things. First, it forces witnesses to testify under oath and on the record. If a witness testifies differently at the trial than they did at the preliminary hearing, the defense can attack that witness’s credibility through cross-examination by using that witness’s prior recorded statement. Second, cross-examination reveals the strength and consistency of the prosecution’s evidence at the outset of the process. Third, it allows the defense to find out whether there are grounds to file motions to suppress evidence, particularly if the testimony reveals constitutional violations in the collection of the evidence.
The defense can also argue to the judge that the prosecution has failed to establish probable cause and ask that the charges be dismissed altogether. If the judge agrees, the case does not go to the grand jury or circuit court. It’s worth noting that a dismissal at the preliminary hearing doesn’t necessarily preclude the state from pursuing charges later, but it is an important win for the defendant in the short term and can sometimes be indicative of broader deficiencies in the prosecution’s case.
Can a preliminary hearing lead to reduced charges?
Yes, and it’s one of the most underappreciated aspects of this process. If cross-examination exposes serious weaknesses in the prosecution’s evidence, it can change the negotiating dynamic in the defendant’s favor. A prosecutor who notices a shaky key witness, gaps in the evidence chain, or a likely successful suppression motion may be more willing to negotiate a plea to lesser charges than before the hearing. A strong performance by the defense at the preliminary hearing does not guarantee a plea offer, but it can substantially improve the defendant’s position going into the next phase of the case.
When does a preliminary hearing not happen?
There are circumstances under which a defendant in Tennessee will not have a preliminary hearing. A defendant can usually waive the right to the hearing, which some defendants choose to do for strategic reasons. If a grand jury returns an indictment before the preliminary hearing is held after the defendant was arrested or served with a criminal summons, and the defendant has not waived the hearing, the defense may move within 30 days of arraignment to dismiss the indictment without prejudice and remand the case for a preliminary hearing. Defense attorneys and prosecutors sometimes negotiate around the preliminary hearing as part of a broader case strategy, so whether to hold or waive the hearing is a decision that should always be made with the guidance of an experienced criminal defense lawyer.
What happens after the preliminary hearing?
If the judge finds probable cause at the preliminary hearing, the case is bound over to the grand jury. The grand jury then conducts its review and decides whether to issue a formal indictment. If the grand jury returns an indictment, the case proceeds in Criminal Court or Circuit Court, where the arraignment on the indictment takes place, and the case proceeds toward trial or a negotiated resolution.
If the judge does not find probable cause, the charges may be dismissed, though the prosecution may refile. Either way, the outcome of the preliminary hearing shapes the trajectory of everything that follows.
Frequently asked questions
What happens at a preliminary hearing in Tennessee? The prosecution presents evidence to a judge or magistrate to establish probable cause that a crime was committed and that the defendant is responsible. The defense has the right to cross-examine witnesses. The judge then decides whether the case should move forward.
What happens at a preliminary hearing for a felony? For felony charges in Tennessee, the preliminary hearing is held in General Sessions Court. The state must show probable cause to bind the case over to the grand jury. If probable cause is not established, the charges can be dismissed at that stage.
What is the difference between a preliminary hearing and an arraignment? An arraignment is a procedural hearing where the defendant is formally read the charges and enters a plea. A preliminary hearing is a substantive proceeding where the prosecution must demonstrate it has sufficient evidence to move forward. They serve different purposes and occur at different points in the process.
Can charges be dropped at a preliminary hearing? Yes. If the judge finds that the prosecution has not established probable cause, the charges can be dismissed. The state may have the ability to refile if additional evidence is obtained, but a dismissal at this stage is a significant outcome for the defendant.
Does the defendant testify at a preliminary hearing? Typically no. The defendant is not required to testify at a preliminary hearing, and in most cases, it is not in their interest to do so. The hearing is focused on the prosecution’s evidence, not the defendant’s defense.
Should I waive my preliminary hearing in Tennessee? This depends entirely on the facts of your case and should be decided in consultation with your attorney. In some situations, waiving the hearing is strategically sound. In others, the hearing presents a valuable opportunity to challenge the prosecution’s evidence early. Never waive this right without legal advice.
Why having an attorney at your preliminary hearing matters
A preliminary hearing is not a formality. For defendants facing felony charges in Tennessee, it is one of the earliest opportunities to put real pressure on the prosecution and begin building a defense strategy. An attorney who handles this hearing passively, or who allows the prosecution to skate through unchallenged, may be leaving significant leverage on the table.
At the Law Offices of Adrian H. Altshuler & Associates, we treat every stage of a criminal case as an opportunity to fight for our clients. We represent people facing felony and misdemeanor charges throughout Franklin, Brentwood, Columbia, and the surrounding communities in Tennessee. If you have a preliminary hearing coming up or have recently been charged with a crime, contact us for a free consultation.