Facing criminal charges in Tennessee can feel like entering a maze—unfamiliar terminology, intimidating courtrooms, and high‑stakes consequences at every turn. One of the earliest and most important steps in a criminal case is the preliminary hearing. However, many people are confused on what happens after the preliminary hearing.
Although a preliminary hearing isn’t a trial, this brief proceeding allows a judge to decide whether enough evidence exists to push your case forward. If the judge finds probable cause, the case is typically sent to a grand jury for further review. If not, the charges could be dismissed right then and there.
In this blog, we’ll walk you through what happens at a preliminary hearing, why the outcome matters, how the grand jury process fits into the picture, and where a skilled defense attorney can make all the difference.
What Is A Preliminary Hearing?
A preliminary hearing is a court proceeding held early in a Tennessee criminal case to determine whether the state has enough evidence to move the case forward. The purpose isn’t to prove guilt or innocence but to assess whether there’s probable cause—a reasonable basis to believe that a crime was committed and the defendant may have committed it.
This hearing typically takes place in General Sessions Court, which is where most criminal cases begin in Tennessee. During this stage:
- The judge evaluates whether the case should proceed based on the evidence presented.
- The prosecutor presents limited evidence, usually through brief testimony from law enforcement or key witnesses.
- The defense attorney may cross-examine witnesses but rarely presents their own evidence at this point.
The defense may also raise legal arguments, such as improper police conduct or lack of evidence, but full legal defenses and witness testimony are typically reserved for trial.
Because the judge’s decision at this stage can determine whether the case is dismissed or bound over to the grand jury, the strategy used during the hearing is incredibly important. The best criminal defense attorneys in Knoxville will use the preliminary hearing to:
- Expose weaknesses in the state’s case,
- Negotiate a resolution,
- Or prepare for a stronger defense down the line.
Possible Outcomes of a Preliminary Hearing
Case Dismissed—No Probable Cause Found
If the judge rules that probable cause is lacking, the charges are dismissed in General Sessions Court. That outcome is a significant victory, but it is not always the final chapter. Tennessee law allows prosecutors to take the same case directly to a grand jury, hoping a different body will see things their way. In reality, however, a dismissal often signals to the District Attorney’s Office that the evidence is too thin, key witnesses are unreliable, or further investigation is needed. Many dismissed cases quietly disappear
Probable Cause Found—Case Bound Over to the Grand Jury
When probable cause is found, the case leaves the informal surroundings of Sessions Court and enters the more formal arena of Criminal Court. The next stop is the grand jury, but the speed of that journey depends on docket congestion. In Knox County for instance, the grand jury meets roughly twice per month; rural counties may convene less frequently. Meanwhile, your bond conditions remain, and discovery obligations begin to kick in.
However, even where the judge finds probable cause, your attorney can get an audio copy of the hearing, transcribe it, and use the testimony to demonstrate the weaknesses in the state’s case to reach a potentially favorable resolution either before the grand jury or after the grand jury meets in criminal court. Sometimes the testimony can be used to enter and agreement prior to the grand jury review of the case.
What Happens After Grand Jury Indictment
If the judge finds probable cause at the preliminary hearing, the next step in a Tennessee criminal case is typically review by a grand jury. This stage is less visible to the public but plays a critical role in whether the case formally moves forward to trial.
What Is a Grand Jury?
A grand jury is a group of local citizens—usually 13 in Tennessee—who are called to review evidence in criminal cases and determine whether criminal charges should proceed. Unlike a trial jury, the grand jury does not decide guilt or innocence. Instead, they determine whether there is sufficient evidence to justify formal charges through an indictment.
This process is different from a preliminary hearing in several important ways:
- Grand jury proceedings are completely private and conducted in secret.
- The grand jury hears only the evidence presented by the prosecutor.
- It is a private proceeding that we do not get to attend as Knoxville criminal defense attorneys, nor does the accused get to attend.
How Does the Grand Jury Process Work in Tennessee?
The prosecutor might spend less than ten minutes on a routine case: present the officer, summarize lab results, hand the jurors a copy of the arrest warrant. Jurors may ask clarifying questions, but deliberations are immediately secret.
Because the defense has no voice in that room, the groundwork laid at the preliminary hearing is critical. If your attorney forced the officer to admit on the record that he never actually saw a weapon, that information can be used in negotiations either before the State presents the case to the grand jury or after the grand jury in criminal court.
Outcomes After the Grand Jury
Once a grand jury in Tennessee hears a case, it must decide whether there is enough evidence to formally charge the defendant with a crime. This decision leads to one of two outcomes: an indictment (true bill) or no indictment (no true bill).
Indictment (True Bill)
If the grand jury finds probable cause, it will return an indictment, also called a “true bill.” This means the case will move forward to Criminal Court, where the prosecution will formally pursue the charges.
Once indicted:
- The defendant will be arraigned, which is a formal court appearance to enter a plea (usually not guilty at this stage).
- The case moves into a more structured phase involving discovery, pre-trial motions, plea negotiations, and potential trial preparation.
- A judge will oversee deadlines and set a trial date if the case does not resolve through a plea agreement.
An indictment signals that the state is proceeding with prosecution, but it does not mean guilt. Many cases can still be negotiated or dismissed before trial, especially with a strong legal defense.
No Indictment (No True Bill)
If the grand jury decides there is not enough evidence, it will return a “no true bill.” In this case, the charges are typically dismissed.
This outcome can occur when:
- The evidence is weak or inconsistent,
- Key witnesses fail to appear or provide useful testimony,
- Or the prosecution chooses not to aggressively pursue the case.
However, a no true bill is not always final. In Tennessee, the state can present the case to a future grand jury if new evidence emerges or if the prosecution believes a different panel may reach a different conclusion.
That said, a no true bill often marks the end of the prosecution unless there are exceptional circumstances. For the defendant, this can mean a significant relief—but it’s still wise to consult an attorney about whether the charges could resurface.
How a Criminal Defense Attorney Can Help at Each Stage
The criminal justice process in Tennessee can be confusing and overwhelming, but having the right attorney by your side can make a significant difference—from the preliminary hearing all the way through grand jury proceedings and beyond.
Here’s how a skilled criminal defense attorney helps at each key stage of the process:
At the Preliminary Hearing
An experienced defense attorney can:
- Cross-examine the prosecution’s witnesses to expose weaknesses in the state’s case,
- Argue for dismissal if there is insufficient evidence to establish probable cause,
- Argue a motion to suppress evidence: these motions may be advantageous in general sessions court, or at least getting testimony to set up or increase the likelihood of success on the motion in criminal court. This is why preliminary hearings and your attorney’s preparation for a preliminary hearing is so essential. Far too many attorneys treat preliminary hearings as a more administrative task that has to be done. However, at Barnes & Fersten, we treat preliminary hearings as serious as a jury trial because it is our first opportunity to cross-examine the State’s witnesses and get their sworn testimony. Often the State is unprepared for these hearings. This gives us the opportunity to get testimony that may lead to a dismissal either at the hearing or later in criminal court through preparation of a motion.
- Negotiate a resolution (such as a plea deal or diversion) early in the process when appropriate,
- Advise the client on whether to waive the preliminary hearing strategically, depending on the facts and legal strategy.
The preliminary hearing is often the first opportunity to see the State’s case in action—and it can help shape how the defense prepares moving forward.
During the Grand Jury Phase
Although defense attorneys cannot attend grand jury proceedings, they still play an important behind-the-scenes role. A knowledgeable attorney can:
- Monitor the timing of the case and stay in contact with the District Attorney’s office,
- Advocate for alternatives to indictment when possible, Sometimes prosecutors will agree after a preliminary hearing to avoid the grand jury process and enter an agreement either back in general sessions court through remanding it back down or in criminal court by presentment.
- Prepare the client for the next steps if the case is likely to go forward.
If a defendant is indicted, the attorney is already in position to start building a stronger defense and challenge the prosecution’s evidence.
After an Indictment
Once a case is formally indicted:
- The attorney will guide the defendant through arraignment and all future court appearances,
- File pre-trial motions to suppress evidence, challenge legal issues, or seek dismissal,
- Engage in negotiations with the prosecution for a possible plea deal,
- And prepare to defend the case at trial, if necessary.
A proactive defense can lead to reduced charges, diversion programs, or even dismissal—depending on the facts and legal issues involved.
Why Choose Barnes & Fersten
At Barnes & Fersten, our criminal defense attorneys have extensive experience representing clients in Knoxville and throughout East Tennessee—from minor misdemeanors to high‑profile felonies. We know the local magistrates, the grand‑jury schedule, and the prosecutors’ playbook, because we have gone toe‑to‑toe with them in every courtroom in the region. Our approach is proactive: attack the State’s evidence early, exploit weak points before indictment, and never hesitate to take a case to trial when justice demands it.
Contact Our Criminal Defense Attorneys Today
Criminal cases are marathons, but the opening mile can set the pace. A preliminary hearing forces the State to put its evidence on display, allowing a sharp defense to punch holes in the narrative before momentum builds against you. Should the case proceed to a grand jury and indictment, those early punches still count; they can lead to better plea offers, a favorable trial verdict, or even a mid‑stream dismissal.
If you or someone you love has been arrested in Knoxville or anywhere in East Tennessee don’t wait to get the guidance you need. Call us at 865-805-5703 or fill out our contact form for a confidential, no-cost consultation, and let our team help you move forward with confidence.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
