Nashville, TN asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee

Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced him to 11 months and 29 days and sent the 2 domestic violence charges and a VOP to the grand jury. I don't understand this process as I have never dealt with these issues before. Can you please explain what that means and what happens.

1 Lawyer Answer
Anthony M. Avery
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  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA takes the charges before the Grand Jury, which may be alot more than what he was originally charged with. GJ decides if to Indict and Return A True Bill. If so, then he is facing prosecution at Criminal Circuit Court, which could be Felonies. Why does he not talk to his attorney?

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