Patrick Wellington Denton
Patrick Wellington Denton, Criminal Defense Attorney - Johnson City, TN
Posted almost 2 years ago.

I agree that it *could* still go to the Grand Jury for a presentment if this was a preliminary hearing in Sessions Court. I think the questioner is saying that the DA's office is no longer pursuing the matter ( "the DA won't return my call"). I would also add that if this was a trial on a misdemeanor, and not a preliminary hearing (as I think all of us have been assuming), then jeopardy attaches and there's no way a grand jury can act on this same set of facts.

Stephen Alan Sauer
Stephen Alan Sauer, Personal Injury Lawyer - Memphis, TN
Posted almost 2 years ago.

Very true. I was assuming that there had been a preliminary hearing; not a trial. If there was a trial and he was found not guilty then the case is likely over due to double jeopardy. Good point Mr. Denton.

Patrick Wellington Denton
Patrick Wellington Denton, Criminal Defense Attorney - Johnson City, TN
Posted almost 2 years ago.

I think all of us made the same assumption, myself included, Mr. Sauer.