When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant’s right to aid of counsel in every stage of the […]
The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose. Code 1858, § 5049; Shan., § 7009; Code 1932, § 11548; T.C.A. (orig. ed.), § 40-1102.
The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, on demand of either party, put all witnesses under the […]
If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant giving sufficient bail in the sum required, and make […]
The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial. It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election for hard labor, and of the advantages […]
It is the duty of such magistrate to render to the grand jury of the county on the first day of each jury session of the court, a statement in writing and under oath, of the name of each defendant charged with a misdemeanor committed to the county jail by the magistrate, the date of […]
On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is required to answer, on the second day […]
The undertaking entered into pursuant to § 40-10-107 may be in substance as follows: State of Tennessee, County of We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of County, on the second […]
Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security. Code 1858, § 5069; Shan., § 7028; Code 1932, § 11568; T.C.A. (orig. ed.), § 40-1124.
Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and testify. Code 1858, § 5070; Shan., § 7029; Code 1932, § 11569; […]
Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail. Code 1858, § 5071; Shan., § 7030; Code 1932, § 11570; T.C.A. (orig. ed.), § 40-1126.
In case of commitment pursuant to § 40-10-111, the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required. Code 1858, § 5072; Shan., § 7031; Code 1932, § 11571; T.C.A. (orig. ed.), § […]
Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them. Code 1858, § 5075; Shan., § 7034; Code 1932, § 11574; […]
The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant’s request for waiver.
