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  1. #1

    Default Amendment of Charges After a Preliminary Hearing

    My question involves criminal law for the state of: tennessee - If on a preliminary hearing in general sessions court, the judge states that the existing charges need to be amended to lesser charges before introduced to a grand jury and the DA does not and keeps the original charges, ignoring what the judge has stated in the prelimimary hearing in general sessions court, what can be done to get the charges amended? Thanks.

  2. #2
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    Default Re: Amendment of Charges

    Do you mean that the prosecutor dismissed the charge then refiled without arrest, submitting the refiled charge directly to the grand jury?

  3. #3
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    Default Re: Amendment of Charges

    it sounds like the prosecutor did what prosecutors do;

    file charges and intended on presenting those charges to the grand jury

    it sounds like the judge did something judges don't do; tell the prosecutor what charges to file


    OP wants to know how to get the charges amended to what the judge said they should be. I don't know if the original charges were sent the GJ or not though at this point.

  4. #4

    Default Re: Amendment of Charges

    No, in a general seesions preliminary original charges were deemed by the judge to be incorrect amounts of theft of property, so he stated that they needed to be amended to a lesser amount. The judge then allowed the case to be held over to the grand jury and the DA did not follow the judges instructions and allowed the original charges to go to the grand jury. Grand jury will be held in about a month, so I'm trying to see what can be done to have the charges amended to the lessor amounts that the judge prescribed in the preliminary in general sessions court. Contacted the judges office and was told that he cannot do anything on the case because it is out of his court now(general sessions), waiting to go to the grand jury. Thanks.

  5. #5
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    Default Re: Amendment of Charges

    Talk to your lawyer.

    If the charges have not yet been submitted to the grand jury, the prosecutor has not yet violated the order.

  6. #6
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    Default Re: Amendment of Charges

    Mr K.

    since when does the judge determine what charges are presented to the GJ.

    That is the land of the prosecutor, is it not?


    Actually, by the statement the OP received from the court, it sounds like OP may have misunderstood what the judge said. If there was such an order, a judge is not going to say "oh well, nothing I can do about it now. It's up to the grand jury now"

  7. #7

    Default Re: Amendment of Charges

    I was told by the circuit court clerk, that the original charges were sent thru to the grand jury. It will be heard in about 30 days. I'm hoping to be able to do something about it before Grand Jury hears it. Don't have an attorney right now. The one I had in General Sessions court won't go any further until he gets $6,000.00 for criminal court. I need to try to handle this myself for the time being. Thanks.

  8. #8
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    Default Re: Amendment of Charges

    Quote Quoting jk
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    Mr K.

    since when does the judge determine what charges are presented to the GJ.
    We're talking about Tennessee. As compared to other states, they have an unusual process. A court can find that there is not probable cause for a charge prior to its submission to the grand jury.

  9. #9

    Default Re: Amendment of Charges After a Preliminary Hearing

    I got the transcripts from the preliminary and listened to them again and the judge doesn't actually say I hereby order these charges amended, when the arrestind officer was being questioned as to why he had these charges so overblown and the judge and my attorney were asking him what now did he realize the amounts should be, the arresting admitted that they should be lowered and the judge ask himwhy they had not been lowered and the arresting officer stated that he had notified the DA about it. At the end of the hearing, the judge made statements to the effect that the he was going to reluctantly let it go to the grand jury, but that the DA did not have a felony, at best, the DA had a misdeanor and a weak one at that.

  10. #10
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    Default Re: Amendment of Charges

    Quote Quoting Mr. Knowitall
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    We're talking about Tennessee. As compared to other states, they have an unusual process. A court can find that there is not probable cause for a charge prior to its submission to the grand jury.

    Hmm, for some reason I skipped to rule 6 and missed that one.



    but even with that, I am apparently missing something:

    (b) When Probable Cause Found. When the magistrate at a preliminary examination determines from the evidence that an offense has been committed and there is probable cause to believe that the defendant committed it, the magistrate shall bind the defendant over to the grand jury and either release the defendant pursuant to applicable law or commit the defendant to jail by a written order.
    (c) When Probable Cause Not Found. When the magistrate determines from the evidence that there is not sufficient proof to establish that an offense has been committed or probable cause that the defendant committed it, the magistrate shall discharge the defendant. The discharge of the defendant does not preclude the state from instituting a subsequent prosecution for the same offense. The recording of the preliminary hearing shall be made available to the defendant in the event the defendant is subsequently prosecuted for the same offense by indictment or presentment. The remedy for the failure to preserve the recording in this circumstance shall be as set forth in subsection (a)(3).
    If there was no PC on the charges filed then the judge would have dismissed the charges and the defendant released.

    It would not be an option for the prosecutor to continue the same charges, at least and expect the defendant to be bound over.

    Ah, now I see what your first response meant: duh!!!!



    so, I guess the next question it:

    lorie42; are you out on bail or have you been released without bail
    were the charges dismissed by the court and independently of that, the prosecutor is presenting them to the grand jury to seek an indictment?

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