About Us Justice Process Victim/Witness Services Expungement Media/Public Information Contact Victim/Witness Services Our office has a special unit dedicated entirely to serving victims and witnesses in all cases. The Victim/Witness Unit helps lessen the confusion and frustration the criminal justice process can cause by answering questions, providing information and referrals to victim service providers, and keeping victims and their families informed of case developments. We have Victim/Witness Unit coordinators who are specially trained to assist victims of homicide, Hispanic victimization, sexual assault, elder abuse, domestic violence and gangs. Most of our coordinators are certified with the Victim/Witness Advocate Credentialing Program. TENNESSEE CRIME VICTIMS’ BILL OF RIGHTS The Constitution of the State of Tennessee states crime victims have: The RIGHT to confer with the prosecutor about their case. The RIGHT to be free from harassment, intimidation and abuse throughout the criminal justice system. The RIGHT to be present at all proceedings where the defendant has the right to be present. The RIGHT to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly. The RIGHT to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. The RIGHT to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. The RIGHT to restitution from the offender. The RIGHT to know about each of these rights established for victims. As a victim, you have the right to file a grievance if you feel you have not received the services to which you are entitled under Tennessee State Law. In order for the District Attorney’s Office to keep you informed, please make sure we have your current phone number and address. Please visit the victim/witness section on our FAQ page for further helpful information. Below you will find information about the justice system process in Shelby County. GENERAL SESSIONS COURT Only misdemeanor cases, those cases in which the defendant can be sentenced to no more than 11 months and 29 days, can be disposed of in General Sessions Court. All felony cases must be disposed of in Criminal Court. Defendants in felony cases cannot enter a guilty plea in General Sessions unless the charge is reduced to a misdemeanor. Misdemeanor cases not disposed of in General Sessions Court also go to Criminal Court. Often, the defendant will request a preliminary hearing in General Sessions Court. Generally, this hearing must be requested within 30 days of the defendant’s arrest. At the preliminary hearing, the District Attorney’s Office must present enough evidence to show the judge probable cause, or enough evidence to show that a crime occurred and that the crime was probably committed by the defendant. If probable cause is shown, the case is sent to the Grand Jury. The victim is usually required to be present at the preliminary hearing. If a judge at the preliminary hearing rules a case should be Dismissed for Lack of Prosecution, that usually means an important witness did not show up or was unavailable. The case, however, still can be sent to the grand jury for indictment. The defendant can waive his right to a preliminary hearing and the case is automatically sent to the Grand Jury. A defendant can agree to a Criminal Information. The case then bypasses the Grand Jury and is sent directly to Criminal Court, where the defendant will plead guilty. THE GRAND JURY The Grand Jury is a panel of thirteen citizens who determine if there is enough evidence to show that the defendant committed the crime. If there is enough evidence, the Grand Jury hands down an Indictment, the charging instrument necessary to go forward in Criminal Court. The Grand Jury does not decide the defendant’s guilt or innocence. The Grand Jury hearing is a closed hearing. Normally, neither the victim nor the defendant appears. Your case will probably be heard by the Grand Jury within 3 to 4 months of the preliminary hearing. CRIMINAL COURT A case may be set in Criminal Court many times before it is disposed of. It is not unusual for a case to take a year or more before it is resolved either by a guilty plea or trial. The case will be set in court approximately once a month during this time. Some of these court settings may include arraignment, report, motion, disposition or trial settings. Arraignment: The defendant is put on notice by the court of the charges against him. The court also determines whether or not the defendant has an attorney to represent him. If the defendant does not have an attorney, the arraignment will be postponed until he retains an attorney or the court appoints one for him. Report: Cases are set in court to give the District Attorney and the defense attorney a chance to talk about the case and see if the defendant wants to plead guilty or set a trial date. If the defendant decides to plead guilty, he can do so at any of these dates. Motion: At times, it is necessary for the District Attorney and the defense attorney to argue a point of law or procedure in court and let the judge make a decision regarding the law as it applies to the particular case. Generally, this is the last court date set before a trial date. Disposition: A case may be set for disposition if the defendant has indicated that he wants to accept a plea agreement and plead guilty. If the defense attorney and the District Attorney cannot come to the plea agreement, a disposition date may also be used for the court to set a trial date. PLEA AGREEMENT In most cases, the District Attorney will make an offer to the defense attorney regarding the defendant’s sentence if the defendant decides to plead guilty. The defendant may accept or reject this offer. If the offer is accepted by the defendant, it is presented to the judge. The judge may also accept or reject the plea. The defendant can decide to plead guilty at any court setting. Your feelings about any plea agreement are important. Although you will not have the final say as to what sentence is given, the District Attorney is interested in your opinion. TRIAL At the trial, as a representative of the public, the prosecutor presents the case, attempting to prove beyond a reasonable doubt that the defendant committed the crime in which he/she is being charged. Someone from the District Attorney’s Office will be in contact with you regarding your involvement in the trial and when you will need to be in court. There are four possible outcomes of a trial: guilty verdict, not guilty verdict, hung jury or mistrial. Resources VICTIM/WITNESS COORDINATORS IN OUR OFFICE Victim/Witness Unit, Shelby County District Attorney’s Office (901) 222-1300 Director, Victim/Witness Unit – Amy McCullough (901) 222-1561 Hispanic Victim/Witness Coordinator – Andres Mata (901) 222-1432 Juvenile Court Victim/Witness Coordinator – Cynthia Miller (901) 222-0681 VICTIM SERVICE PROVIDERS Adult Protective Services Investigates reports of abuse, neglect or financial exploitation of adults who are unable to protect themselves due to mental or physical limitations. 1-888-APS-TENN (1-888-277-8366) Aging Commission of the Mid-South Offers programs that can make a difference in the lives of older adults and adults living with disabilities. (901) 222-4111 Family Safety Center Serves families who have experienced or are experiencing domestic violence. 24-Hour Crisis Line (901) 249-7611 (901) 222-4400 Kindred Place Serves adults and children who are both victims of violence and family aggressors. It is their mission to end family violence. (901) 276-2200 Memphis Child Advocacy Center Serves children who are victims of sexual and severe physical abuse through prevention, education and intervention. (901) 525-2377 Meritan A member of the Memphis Coordinated Response to Elder Abuse team. (901) 766-0600 MIFA Serves vulnerable seniors and families in crisis through a variety of programs. (901) 527-0208 Shelby County Crime Victims & Rape Crisis Center Serves any resident of Shelby County who is a victim of a crime, or anyone who becomes a victim while visiting the county. (901) 222-3950 YWCA of Greater Memphis/Abused Women’s Services Serves women in the Greater Memphis Area by helping them create safe, stable and secure lives for themselves and their families. (901) 323-2211 MORE RESOURCES DOMESTIC VIOLENCE RESOURCES OFFENDER LOOKUP Inmate Lookup - 201 Poplar Inmate Lookup - Penal Farm Inmate Search - TDOC VINE - Victim Notification Network THE CRIME SURVIVOR'S GUIDE Get the latest updates from the Shelby County District Attorney Shelby County District Attorney 201 Poplar Avenue, 11th Floor Memphis, TN 38103 Phone: 901-222-1300 Email: info@scdag.com Website Design by CPMG