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Home » US Law » 2021 Tennessee Code » Title 40 - Criminal Procedure » Chapter 4 - Proceedings Before General Sessions Courts

§ 40-4-101. Preliminary Proceedings

Judges of the courts of general sessions are authorized and empowered to: Make the preliminary examination and bind over the reputed father in bastardy cases; Summon a jury of inquest in cases of death by accident, as provided in § 38-5-103; Issue a warrant for a prisoner escaped from jail; Examine persons arrested for a […]

§ 40-4-102. Investigation by Grand Jury

The grand jury shall make an investigation as to the offense charged in a warrant to have been committed, to the end that it may return an indictment or presentment, as prescribed and required by law for the charged offense. If an indictment or presentment is found against the defendant, the defendant shall then be […]

§ 40-4-103. Plea of Guilty

If the defendant pleads guilty to the charges in the warrant, the proceedings in the case shall then be the same in all respects as now prescribed by law.

§ 40-4-104. [reserved.]

If the charge is of violence to the person of another, the person on whom the violence has been committed shall be notified of the time and place of trial, so that such person may attend and be heard as a witness. Should the person conceal such person’s location so as to avoid the service […]

§ 40-4-106. Payment of Fine and Costs

On conviction, the offender shall immediately pay the fine and costs, or give security to pay them, or be imprisoned until they are paid. The fine and costs, if paid before execution, shall be paid to the clerk; if paid after execution, to the officer having the execution. Code 1858, §§ 4997, 5002 (deriv. Acts […]

§ 40-4-107. Security for Fine and Costs

One (1) or more persons may become security for the fine and costs by oral undertaking before the judge of the court of general sessions, or by written direction to the judge, and an entry of judgment based thereon. Code 1858, §§ 4998, 5003 (deriv. Acts 1847-1848, ch. 55, §§ 3, 6); Shan., §§ 6957, […]

§ 40-4-108. Execution for Fine and Costs

If the offender gives security for fines and costs, the judge shall immediately issue execution against the offender and the offender’s surety for the fine and costs, returnable as other executions. Code 1858, § 4999 (deriv. Acts 1847-1848, ch. 55, § 4); Shan., § 6958; Code 1932, § 11499; impl. am. Acts 1979, ch. 68, […]

§ 40-4-109. [reserved.]

The proceedings under this chapter may be superseded and removed, by certiorari, to the circuit court of the county, upon good cause shown by petition of any person aggrieved, verified by affidavit, upon the order of any district or criminal judge to whom the petition is presented. Code 1858, § 5012 (deriv. Acts 1847-1848, ch. […]

§ 40-4-111. Bail Pending Appeal

The defendant obtaining writs of certiorari and supersedeas may be discharged from custody upon giving bond and security for the defendant’s appearance before the district or criminal court as in other misdemeanor cases. Code 1858, § 5013 (deriv. Acts 1847-1848, ch. 55, § 23); Shan., § 6972; Code 1932, § 11511; T.C.A. (orig. ed.), § […]

§ 40-4-112. Appeal From Sentence Imposed

Notwithstanding any other provision of the law to the contrary, any person convicted of a criminal offense in a court of general sessions has the right to appeal the sentence imposed, without regard to whether the person was convicted upon a plea of guilty or upon a plea of not guilty.

§ 40-4-117. Bail — Forfeiture

In all misdemeanor cases where bond is made for appearance before the court of general sessions, the judge is authorized and empowered to prescribe the amount of bail, either cash or otherwise, within the same discretionary powers as are granted to judges of the circuit and criminal courts by § 40-11-204. Upon default in appearance […]

§ 40-4-122. Municipal Courts Divested of Jurisdiction

It is expressly provided that the municipal courts which are located in counties of this state coming within §§ 40-4-121 — 40-4-124 shall not have any jurisdiction of cases wherein a violation of the laws of the state of Tennessee is charged and alleged, it being the legislative intent of §§ 40-4-121 — 40-4-124 to […]

§ 40-4-123. Distribution of Fines, Forfeitures and Penalties

In all counties coming within the provisions of §§ 40-4-121 — 40-4-124, the clerk of the general sessions court, on or before the tenth day of each month, shall pay over to the proper official of any municipality located within the county, fifty percent (50%) of all fines, forfeitures or penalties arising out of those […]

§ 40-4-124. Effect on Private Acts and City Charters

Sections 40-4-121 — 40-4-124 shall govern the structure and operation of the general sessions courts in counties falling within the provisions of those sections, notwithstanding any private act or city charter to the contrary, and the operation of any private act or city charter in conflict with these sections is repealed and suspended.