How do I make bond?
Typically, when someone is arrested they are first taken to see a judicial magistrate. In Hamilton County, we have magistrates on duty at the jail 24/7. The magistrate will read the police narrative and set a bond amount.
To make a bond, most people use a professional bonding company. Typically, the bonding company charges a percentage of the bond as their fee.
You can also make arrangements to place money or property with the Court Clerk in order to make your bond. Most people do not go this route, but the advantage is that you do not have to pay the fee for a bonding company. You can contact the Court Clerk at (423) 209 – 7500 for more information on this procedure.
Once you make bond, assuming you do not have other holds (probation violation warrants, immigration holds, holds from other jurisdictions, etc.) you will be released.
Where is the courthouse?
600 Market Street
Chattanooga, TN 37402
There are entrances on both Cherry Street and Market Street.
Where is the courtroom?
General Sessions Court is held on the second floor, in courtrooms 1, 3 and 4. There are TV screens on the walls that will tell you what specific court room to be in. If you cannot find your name or the name of the Defendant you are interested in, Court staff can assist.
You can also search your name on the Court’s website, https://cjuscaseinfo.hamiltontn.gov/. This will also identify the correct courtroom for your case.
How should I dress?
There is no specific dress code. The best advice is to dress in such a way to show that you have respect for the Court. Do not wear shorts. A suit and tie are not necessary. If you want more specific guidance please feel free to ask us, and we can provide more information about best practices.
How can I contact the Court Clerk?
The phone number for the Court Clerk’s Office is (423) 209 – 7500.
What happens on my first court date in General Sessions Court?
The first court date is to ensure that you have an attorney and to discuss whether there is a way to resolve the case. The negotiations usually happen in Court, on the court day, at this level. There will be plenty of time for us to discuss the case with the District Attorney’s Office, and with you, during the Court date.
Will I have to say anything?
The good thing about having an attorney is that your attorney speaks for you. You will not have to explain anything to anyone.
If your case resolves, the Judge may ask you basic yes/no questions to make sure you understand your rights. If this is happening, we will prepare you for it ahead of time. These questions are straight-forward, and all you will have to say is “yes, your Honor” or “no, your Honor.” We will be with you and if you have any questions, you can ask us privately.
What else happens in General Sessions Court?
The main purpose for General Sessions Court is negotiation and resolution of cases. The case could remain on the docket several different times. A case can be resolved in a number of ways, including dismissal, informal agreements that can lead to dismissal, or a guilty plea with an agreement on the specific outcome.
Not every case is resolved at this level. A serious felony charge may need to move to Criminal Court. If the case does not resolve in General Sessions Court, then there are typically two options: 1) conduct a preliminary hearing, or 2) waive the preliminary hearing. For misdemeanor charges, a bench trial is also a possibility, but this is a rare occurrence.
I am charged with a felony. Can my charge be reduced to a misdemeanor?
Yes, this happens fairly often. Feel free to call us and we can discuss the nature of your charge and the process by which this could happen. Certain cases have a higher likelihood of reduction if handled properly from the beginning.
What is a preliminary hearing?
A preliminary hearing is a hearing in General Sessions Court. At the hearing, the State has the burden to put on admissible evidence to show probable cause that a crime has been committed, and that the defendant committed it. They do this by calling witnesses who testify under oath, and are subject to cross-examination.
It is not a hearing to determine whether someone is guilty or not. It is simply a hearing for the Judge to determine whether there is sufficient evidence for the case to proceed further. Thus, the lower evidentiary standard of probable cause applies, rather than beyond a reasonable doubt.
How do you decide whether to have a Preliminary Hearing or waive it?
Whether to have the hearing or not is a decision that is based on many different considerations. Some of those include:
- Do we think we can learn important information about the case by questioning the witnesses and/or police about the case?
- Do we want to make sure that certain facts are on the record early? The hearing is recorded, the witness is under oath, and thus the hearing is a good opportunity to get important facts on the record early.
- How serious is the charge? All other things being equal, we are more likely to want a hearing in a more serious case.
Sometimes we may advise waiving a hearing in exchange for an agreement about bond amount or conditions. Sometimes we may advise waiving the hearing for other reasons. Every situation is different and requires an individualized analysis.
What happens after my case leaves General Sessions Court?
The case then proceeds to the Grand Jury. The Grand Jury is a group of citizens who hear from the District Attorney’s Office and Law Enforcement only. Neither the Defendant nor the defense attorney is part of this procedure. The Grand Jury’s role is to make an independent determination of whether there is probable cause to support a prosecution. The purpose of the Grand Jury process is to guard against malicious or baseless prosecutions. If the Grand Jury believes there is probable cause, it will return an indictment. This leads to the case being heard in Criminal Court.