A Preliminary Hearing in Tennessee is a pre-trial judicial proceeding in General Sessions Court where a judge decides, from the evidence presented, whether it appears an offense has been committed and whether there is probable cause to believe the defendant committed the offense. The Preliminary Hearing is a second stage for determining probable cause, after an Initial Appearance before a Judicial Commissioner or Magistrate.
"[T]he purpose of the preliminary hearing is to determine whether there is evidence sufficient to justify the continued detention of the defendant and subjecting him to the expense, embarrassment, humiliation, and inconvenience of a trial." Waugh v. State, 564 S.W.2d 654, 659 (Tenn. 1978). If the judge determines probable cause does exist, the case will be bound over to the Grand Jury for further consideration.
Another function of a Preliminary Hearing that may not be readily apparent to a criminal defendant is that of pre-trial discovery. Much can be learned of the State's/Prosecutor's case from the information and evidence presented at a Preliminary Hearing.
Bottom line: A Preliminary Hearing is not a place where guilt or innocence is determined. The Preliminary Hearing is a stage between the initial appearance and Grand Jury that forces the State to meet a burden to continue a criminal prosecution. Furthermore, you have the right to a Preliminary Hearing in all felony cases in Tennessee; before you waive your right to a Preliminary Hearing consider that this proceeding is very valuable to a criminal defendant.
If you are facing criminal charges and need an attorney in East Tennessee to assist you, head over to my webpage @ www.nablacklaw.com, call my office @ 865.238.0665, or email me @ nick@nablacklaw.com.
My office is located in Maryville (Blount County), Tennessee and I would love to sit down and discuss your case.
Saturday, October 24, 2009
Tuesday, October 13, 2009
Social Networking and the Law
Facebook v. Orders of Protection
As social media sites creep further into our personal lives, issues relating to them have in turn begun to appear in the legal system. The Tennesseean recently published a story about a Hendersonville woman arrested for violating an Order of Protection for using the “Poke” option on Facebook to contact the protected party of an Order of Protection.
This form of contact seems innocent enough; no message is sent other than that the recipient has been “poked” by another user. But courts in Tennessee will mostly likely view such an action as the electronic equivalent to walking up to a protected party and reaching out to touch them physically.
Bottom Line : No matter how non-intrusive you may think contact through social networking sites may be, it is exactly the kind of third-party contact that Tennessee courts issue Orders of Protection to prevent.
If you need an attorney in East Tennessee to assist you in the defense or pursuit of an Order of Protection, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
As social media sites creep further into our personal lives, issues relating to them have in turn begun to appear in the legal system. The Tennesseean recently published a story about a Hendersonville woman arrested for violating an Order of Protection for using the “Poke” option on Facebook to contact the protected party of an Order of Protection.
This form of contact seems innocent enough; no message is sent other than that the recipient has been “poked” by another user. But courts in Tennessee will mostly likely view such an action as the electronic equivalent to walking up to a protected party and reaching out to touch them physically.
Bottom Line : No matter how non-intrusive you may think contact through social networking sites may be, it is exactly the kind of third-party contact that Tennessee courts issue Orders of Protection to prevent.
If you need an attorney in East Tennessee to assist you in the defense or pursuit of an Order of Protection, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
Saturday, October 10, 2009
Tennessee Orders of Protection
An Order of Protection is a court issued document whereby an individual (or an individual and certain minor children) are protected from someone who caused physical harm, threatened physical harm, or stalked the individual seeking protection.
Anyone can get an order of protection, but it is only available for you against a person:
1. To whom you are currently or formerly related by blood or marriage, or
2. With whom you have resided, or
3. With whom you have had an intimate sexual relationship, or
4. Whom you have dated, or
5. With whom you have a child, born or unborn, or
6. Who has stalked you, or
7. Who has sexually assaulted you.
An Order of Protection is a civil matter; unlike a criminal matter whereby the State will prosecute the defendant. However, the teeth behind Orders of Protection in Tennessee is the threat of jail as punishment for violating an Order of Protection. Violation of an Agreed Order can result in a 10 day jail sentence. Violation of a contested Order can result in as much as an 11 month, 29 day jail sentence.
A “No Contact” Order of Protection prevents the Respondent (the person against whom the Order is taken) from direct, indirect & third party contact. One local judge in Blount County will admonish Respondents from calling, texting, emailing, or even sending smoke signals. With a “No Contact” Order, the Respondent cannot communicate in-person (or via the in-direct methods just mentioned), nor can he or she direct another (3rd party) person to do so. In-direct contact is punished the same as direct contact.
A “Social Contact” Order of Protection allows for contact between the parties; but still prohibits violence, or threats of violence. These are most common when one parent wants protection from violence & threats, but still wants to be free to facilitate child visitation.
Thursday, October 1, 2009
Going To Court - Part 1
When & Where
One of the absolutely most important things you need to do before going to court is to know what time you need to be in court, and exactly where the courtroom is that you are scheduled to be in.
All too often litigants (especially criminal defendants) show up late and/or in the wrong courtroom. Doing so will exacerbate an already difficult situation. Most judges have little tolerance for tardy litigants and attorneys.
What you can do: Call the court clerk for the jurisdiction where your case is set. The clerks office is there to help everybody. Your information is just a few keystrokes away for them. Clerks can often be the most helpful individuals in the court house. One side note: treat court clerks with the utmost respect - they will return your kindness by going out of their way to help you.
Here is a complete list of Tennessee Court Clerks
If you need an attorney in East Tennessee, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
One of the absolutely most important things you need to do before going to court is to know what time you need to be in court, and exactly where the courtroom is that you are scheduled to be in.
All too often litigants (especially criminal defendants) show up late and/or in the wrong courtroom. Doing so will exacerbate an already difficult situation. Most judges have little tolerance for tardy litigants and attorneys.
What you can do: Call the court clerk for the jurisdiction where your case is set. The clerks office is there to help everybody. Your information is just a few keystrokes away for them. Clerks can often be the most helpful individuals in the court house. One side note: treat court clerks with the utmost respect - they will return your kindness by going out of their way to help you.
Here is a complete list of Tennessee Court Clerks
If you need an attorney in East Tennessee, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
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Going To Court
Going to court is a scary proposition for individuals facing their first foray into judicial proceedings; be it a criminal charge, a divorce proceeding, a foreclosure hearing, or any other type of case where your rights, freedom or money are at stake.
As a solo attorney with a general practice, I am in court daily and am able to observe litigants and attorneys all the time. This series of posts, "Going to Court," is my attempt to help any reader who stumbles upon this blog to know what to expect and be prepared for their day in court.
If you need a lawyer in East Tennessee, head over to my webpage @ www.nablacklaw.com
As a solo attorney with a general practice, I am in court daily and am able to observe litigants and attorneys all the time. This series of posts, "Going to Court," is my attempt to help any reader who stumbles upon this blog to know what to expect and be prepared for their day in court.
If you need a lawyer in East Tennessee, head over to my webpage @ www.nablacklaw.com
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