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Tennessee Statutes, Title 40

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Tennessee/Statutes

← All Tennessee coverage

Title 40, Criminal Procedure

39 chapters · 917 sections in this title.

All chapters in Title 40917 Ch 11, Bail99 Ch 35, Tennessee Criminal Sentencing Reform…72 Ch 30, Post-Conviction Procedure59 Ch 38, Victims' Rights56 Ch 28, Probation, Paroles and Pardons50 Ch 25, Fees of Officers44 Ch 6, Warrants39 Ch 13, Indictments37 Ch 14, Rights of Defendants36 Ch 17, Evidence and Witnesses36 Ch 7, Arrest31 Ch 9, Uniform Criminal Extradition Act30 Ch 39, Offender Registration and Monitoring30 Ch 20, Judgment and Sentence28

14 sections·Filtered byTitle 40✕Ch 10✕

Tenn. Code Ann. § 40-10-101 Notice of charge and right to counsel
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When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's righ…
Tenn. Code Ann. § 40-10-102 Time allowed to procure counsel
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The magistrate shall allow the defendant a reasonable time to send for counsel, and, if necessary, shall adjourn the examination for that purpose.
Tenn. Code Ann. § 40-10-103 Separation and exclusion of witnesses
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The magistrate may make any orders on the examination, in reference to keeping the witnesses separate and apart, or excluding the witnesses during the examination of other witnesses or of the defendant, that the magistrate may think best for the attainment of justice, and shall, …
Tenn. Code Ann. § 40-10-104 Bail
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If the defendant is committed to jail for a bailable offense, the magistrate shall endorse on the commitment the amount of the bail required, and sign the endorsement. The sheriff of the county to which the defendant is committed may discharge the defendant, upon the defendant gi…

Tenn. Code Ann. § 40-10-105 Election by prisoner to perform hard labor

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(a) The defendant, if charged with a misdemeanor and ordered to be committed to the county jail, may elect to perform hard labor for the county pending trial. (b) It is the duty of the magistrate committing the defendant to inform the defendant of the right to make an election fo…

Tenn. Code Ann. § 40-10-106 Reports on elections to perform hard labor

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(a) It is the duty of such magistrate to render to the grand jury of the county on the first day of each jury session of the court, a statement in writing and under oath, of the name of each defendant charged with a misdemeanor committed to the county jail by the magistrate, the …

Tenn. Code Ann. § 40-10-107 Bond of witnesses

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On holding the defendant to answer, the magistrate shall take from each material witness examined by the magistrate on the part of the state a written undertaking, in the sum of two hundred fifty dollars ($250), to appear and testify, at the court at which the defendant is requir…

Tenn. Code Ann. § 40-10-108 Form of bond

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The undertaking entered into pursuant to § 40-10-107 may be in substance as follows: State of Tennessee, County of We, A. B., C. D., and E. F., witnesses against G. H., charged with a public offense, do each bind ourselves to appear at the next term of the (circuit) court of Coun…

Tenn. Code Ann. § 40-10-109 Increase of bond — Surety

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Whenever the magistrate has good cause to believe that a witness for the prosecution will not appear to testify, the magistrate may require the witness to enter into a similar undertaking in a larger sum and with sufficient security.

Tenn. Code Ann. § 40-10-110 Minors as witnesses

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Minors, being material witnesses for the prosecution, may also be required, in the discretion of the magistrate, to procure sureties who will undertake for their appearance to testify, or the magistrate may issue subpoenas and have those minors instantly summoned to appear and te…

Tenn. Code Ann. § 40-10-111 Commitment of witnesses

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Any witness required to enter into an undertaking, with or without security, shall, on failure or refusal, be committed to jail.

Tenn. Code Ann. § 40-10-112 Bail of witnesses

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In case of commitment pursuant to § 40-10-111, the magistrate shall state in the commitment the amount of the undertaking and whether security is required. The witness shall be discharged by the sheriff on entering into the undertaking as required.

Tenn. Code Ann. § 40-10-113 Magistrates acting in association

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Any magistrate to whom information is made, or before whom any defendant is brought, may associate with the magistrate one (1) or more magistrates of the same grade, and the powers and duties in this chapter prescribed may be executed and performed by them.

Tenn. Code Ann. § 40-10-114 Waiver of preliminary hearing — Objection by state

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The preliminary hearing may not be waived by the defendant if the state makes a timely objection, for good cause shown, to the defendant's request for waiver.