Assigning a Court Date

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Assigning a Court Date

How long can one be in jail without being issued a date to appear in court? Public Defender has been assigned, but I was told being it is an arrest warrant, they system would not be in a hurry to assign a date. Brother was in another jail when he was due in the jail he is in now

Asked on April 27, 2009 under Criminal Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Not sure how to respond to your question. Are you saying your brother was charged but hasn't made his first appearance? See the laws below and then please contact the public defender. If you feel the public defender is not being responsive, try consulting with a private criminal defense attorney at www.attorneypages.com.

40-2-104. Commencement of prosecution. — A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. [Code 1858, § 4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), § 40-206; Acts 2007, ch. 4, § 1.]

 

40-10-101. Notice of charge and right to counsel. — 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 right to aid of counsel in every stage of the proceedings. [Code 1858, § 5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.]

 

40-14-101. Speedy trial — Right to be heard. — In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel. [Code 1858, § 4992 (deriv. Const. 1834, art. 1, § 9); Shan., § 6951; Code 1932, § 11492; T.C.A. (orig. ed.), § 40-2001.] 40-14-105. Time before trial — Noncapital offenses. — Every person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense. [Acts 1949, ch. 189, § 1; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 1; T.C.A. (orig. ed.), § 40-2005.]

 

40-14-107. Applicability of time allowance — Waiver. — (a) This section and §§ 40-14-105 and 40-14-106 only apply to criminal cases in a court of record. (b) Nothing in this section, § 40-14-105 or § 40-14-106 shall prevent any person so indicted or presented from waiving the provisions of this section, § 40-14-105 or § 40-14-106. (c) This section and §§ 40-14-105 and 40-14-106 do not apply to persons entering a plea of guilty. [Acts 1949, ch. 189, § 3; C. Supp. 1950, § 11736.1 (Williams, § 11760.2); T.C.A. (orig. ed.), § 40-2007.]


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