OTHER DUI/DWI RESOURCES

KNOX COUNTY CRIMINAL JUSTICE SYSTEM

STEP 1 -- ARREST. To be lawful, a police officer must have probable cause to believe that a crime is being, or has been, committed. If the arrest is for a misdemeanor offense, the crime must have been committed in the officer's presence.

STEP 2 -- ARRAIGNMENT. Also called an Initial Appearance, this proceeding is performed to ensure that a bond has been set, that the defendant is aware of the charges which have been made, and that a court date is scheduled. A formal plea of "guilty" or "not guilty" cannot be requested at this stage.

STEP 3 -- GENERAL SESSIONS COURT. Having jurisdiction to address both civil and criminal cases, there are five General Sessions Courts in Knox County. The General Sessions Judges are:

Charles A. Cerny, Jr.
Geoff Emery
Bob R. McGee
Brenda J. Waggoner
Tony W. Stansberry

Criminal cases are resolved in this Court by either a Preliminary Hearing, Trial without a Jury, or Plea Agreement. However, Sessions Courts do not have jurisdiction to conduct trials or accept plea agreements in felony cases.

A Preliminary Hearing requires the State to demonstrate that there is Probable Cause to believe the defendant committed the offense for which he or she is charged. Probable Cause means "probably guilty" or "more likely than not."

STEP 4 -- GRAND JURY. Comprised of 13 people who meet in secret to again determine if probable cause exists. They meet with the prosecutor's witnesses only, not with the defendant or his or her lawyer.

STEP 5 -- INDICTMENT. The formal charge against the defendant, the Indictment is signed by the Grand Jury and must allege each element of the crime.

STEP 6 -- CRIMINAL COURT. The highest trial court in Tennessee. There are three Criminal Courts in Knox County and the judges for each court are:

Richard R. Baumgartner
Ray L. Jenkins
Mary Beth Leibowitz

In Criminal Court, a defendant is presumed innocent and has the right to require the State prove guilt beyond a reasonable doubt before a jury of 12 people from the community. All defendants also have the right to confront their accusor, to compel the appearance of witnesses, and to remain silent if they choose not to testify.

Defendants have the right to an attorney, and one will be appointed if the defendant cannot afford one. Should a person be convicted at trial, he or she has the right to appeal the conviction, or the sentence, or both.

Prior to trial, defense counsel will have the opportunity to file motions - written documents requesting that the Court take certain action such as exclude evidence or require the State to disclose information.