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whether the defendant is guilty

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12y ago

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What is the maximum wait for a preliminary hearing in TN?

A preliminary hearing, in the context of criminal law, is used to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. The hearing officer considers the evidence and reaches a decision on the issue of whether probable cause existed for the arrest and subsequent charge. In Tennessee the arrestee will go through the these steps in the criminal justice process before reaching the Prelim stage: Arrest - Initial Appearance - Bail hearing (sometimes combined with the Initial Appearance) - THEN Preliminary Hearing (see above). All these processes must occur within the context of "Speedy Trial" rules, so it is a safe bet that the Prelim will occur sometime within the first 90 days following arrest. How soon or how late may be a function of how full the courts docket happens to be AND whether the defendant asks for or needs time to secure private counsel.


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A case management hearing is a preliminary court proceeding where the judge and the parties involved discuss the status of a case, set timelines, and address any procedural issues. Its purpose is to streamline the litigation process, ensure that all parties are prepared, and establish a schedule for upcoming hearings or trials. This hearing helps to identify and resolve any potential obstacles, promoting efficiency in the judicial process.


How long after a prelimenary hearing before you get indicted?

If the jurisdiction in question adheres to the Grand Jury system of indictment, the GJ will indict by handing down a "true bill" in the sequence in which it was presented to them. HOWEVER - if the jurisdictions NOT utilizing a Grand Jury system, your Preliminary Hearing IS your idndictiment and the presiding judge decides if there is enough Probable Cause to bind you over for trial.


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Is a grand jury nessesary for only political and murder?

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A defendant is called to Crown Court for a mention hearing to address preliminary matters related to their case, such as setting a trial date, discussing plea options, or resolving issues related to evidence. This hearing allows the judge to ensure that all parties are prepared for the upcoming proceedings and to manage the case efficiently. It also serves as an opportunity for the defendant to receive updates on their case and for legal representatives to communicate any necessary requests or concerns.


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In the hearing on outsiders, the judge typically evaluates the evidence and arguments presented by both sides regarding the rights and impacts of external parties involved in a case. The judge may decide to grant or deny the outsiders' requests based on legal principles, relevance, and the potential implications for the primary parties. Ultimately, the decision aims to uphold justice while considering the interests of all stakeholders involved.


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