When is a Grand Jury required in Tennessee?

[DaveTN]

I can’t find a definitive answer on when a Grand Jury is required in the state of Tennessee. State laws differ.

When I was in Illinois a Grand Jury wasn’t required. It was a tool usually used by the States Attorney in high profile cases or as an investigative tool to see what witnesses would say under oath.

I’ve seen it implied here that it is required in Tennessee. Can someone fill me in, maybe with a verifiable source?

[oldogy]

Thanks for asking. I have wondered the same thing about TN. I served on a GJ in FL many years ago. A GJ involvement there, at that time, was required for indictment in capital cases and cases involving public officials, malfeasance, etc. If memory serves me right, all other cases were at the discretion of the DA. FWIW, the GJ was "on call" for a six month period and I believe we served about once a month.

oldogy

[Pain103]

Maybe I'm confused as to the question. Do you mean when is it required dependent on charges, political office, or anything high profile? Grand Jury is the only way in TN to get a charge in Criminal Court other than bound over by a waiver from General Sessions if i recall correctly. Doesn't matter what the charge or profile of the case.

[Tncobra]

Grand jury is not required. You can request it, or have the judge dispose of the case.Most of the time I see it used is to buy the defendant more freedom time. There are other reasons as you describe.

[Guest WyattEarp]

According to this grand juries are only required in Tennessee in order to get an indictment for a felony charge. misdemeanor charges do not require a grand jury indictment.

Grand Juries FAQs | NCSC.org

"Most states (all but Connecticut and Pennsylvania, and the District of Columbia) retain the option of a grand-jury indictment. Eighteen states (Alabama, Alaska, Delaware, Georgia, Kentucky, Maine, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, South Carolina, Tennessee, Texas, Virginia, and West Virginia) require an indictment to begin felony prosecutions"

[Ropin4gold]

Most counties in TN have Grand Jury every month. In some of the rural counties it is every 3 months (once per quarter). As stated above they are used to prosecute felony cases. I have also experianced DUI cases being presented to Grand Juries. If you call the court clerk in your county they will be able to adivse you how often the Grand Jury meets.

[DaveTN]

So now it’s boiled down to two possible answers:

1. A Grand Jury indictment is required on all felony charges.

I doubt this but I can’t find a definitive answer. I know that if a Grand Jury indictment is needed on every felony they are meeting more than one a month.

2. A grand Jury is not ever required.

I suspect this is the case. I am guessing it’s a tool used by the DA for politics and investigations and is never required by law.

[kb4ns]

1. A Grand Jury indictment is required on all felony charges.

This. You have "new bills" that are things that have never been charged before that the grand jury has investigated and you have the bills that have been bound over through a general sessions court (either through a warrant, a citation, or a summons). The ones that have come through a general sessions court were either found to have probable cause in a preliminary hearing and bound over or the defense waived the preliminary hearing on a not-guilty plea and had the case bound over to the grand jury. Regardless, the grand jury is required for felony charges (and some misdemeanors) to make it to trial.

Grand jury is not required. You can request it, or have the judge dispose of the case.Most of the time I see it used is to buy the defendant more freedom time. There are other reasons as you describe.

If there is a guilty plea or deal worked out, it can be disposed of in the general sessions court. Without a guilty plea or a deal, though, the prosecution presents it to the grand jury.