Can a Criminal Charge Be Dismissed Before Trial in Tennessee?

A criminal charge does not automatically put you on a path to trial. In Tennessee, a charge may be dismissed before trial if the prosecution declines to proceed, the State cannot establish probable cause, a grand jury declines to indict, or a legal or procedural issue prevents the case from moving forward. Diversion may also provide an eligible defendant with a path to eventual dismissal. 

William L. Pomeroy Law represents people facing criminal charges in Brentwood, Tennessee, and throughout the surrounding counties. The firm can review the evidence and procedural history to determine whether there may be grounds to challenge a criminal charge before trial. 

The State or the Court May Dismiss a Charge Before Trial

The State or the court may end a Tennessee criminal prosecution before trial under different circumstances. A person who reported an alleged crime does not personally control whether the State continues prosecuting the case. 

Under Tennessee Rule of Criminal Procedure 48, the State may end a prosecution by filing, with the court's permission, a dismissal of an indictment, presentment, information, or complaint. A court may also dismiss a prosecution when unnecessary delay occurs in presenting a charge to a grand jury or bringing a defendant to trial. 

Unreasonable delay can also affect a defendant's constitutional right to a speedy trial. Whether delay requires dismissal depends on the circumstances and the applicable legal standard; simply waiting a long time does not automatically end a prosecution. 

Lack of Probable Cause Can End a Case at a Preliminary Hearing

If the State does not establish the required probable cause at a preliminary hearing, the magistrate must discharge the defendant. In Tennessee, defendants charged before indictment generally have the right to a preliminary hearing, and these proceedings typically occur in General Sessions Court. 

The hearing does not determine the defendant's guilt. Instead, it determines whether an offense was committed and whether there is probable cause to believe the defendant committed it. 

Under Tennessee Rule of Criminal Procedure 5.1, the defendant may cross-examine the State's witnesses and introduce evidence. If the defendant makes the required showing, the case is sent to the grand jury; if not, the defendant is discharged. The State may later prosecute the same alleged offense. 

A Grand Jury May Decline to Indict

A case that is sent to the grand jury after a preliminary hearing does not automatically proceed to trial. The grand jury considers whether there is sufficient basis to return an indictment. 

If the grand jury returns a "no true bill," it has declined to indict on the proposed charge. That means the charge does not proceed to trial on that charging decision. A "no true bill" is also one of the dispositions Tennessee recognizes for expungement purposes. 

Legal or Procedural Defects May Support Dismissal

Some legal challenges must be raised before trial. Tennessee Rule of Criminal Procedure 12 allows certain legal challenges to be resolved before trial when the court does not need to decide whether the defendant is guilty. 

For example, the defense may challenge how the prosecution was brought or a defect in an indictment, presentment, or information. A prosecution started outside the applicable statute of limitations may also be subject to dismissal.

The time limit varies by offense, so whether a charge is time-barred depends on both the alleged offense and when the prosecution legally began. William L. Pomeroy Law evaluates criminal defense options by reviewing the charging documents, dates, evidence, and procedural history rather than assuming that every error requires dismissal. 

Suppressing Key Evidence Can Weaken the Prosecution

A successful motion to suppress does not automatically dismiss a criminal charge. It can prevent the prosecution from using specific evidence when the law permits exclusion. 

The practical effect depends on what remains. If the excluded evidence was important to proving the charged offense, the prosecution may have to reassess whether it can continue. In another case, the State may still have enough admissible evidence to proceed. 

The Prosecutor May Decide Not to Continue the Case

A prosecutor may decide before trial not to proceed. That can occur after further investigation or after developments involving the evidence, witnesses, or other circumstances affecting the prosecution. 

A dismissal by the State is sometimes called a nolle prosequi. Whether the State can later pursue the same charge depends on the circumstances. A pretrial dismissal does not necessarily have the same final effect as an acquittal after a trial has begun. 

For that reason, the exact outcome matters. Hearing that a charge has been "dropped" does not, by itself, establish that the prosecution is permanently over. 

Diversion Can Provide a Path to Dismissal

Eligible defendants may have another route that can ultimately result in dismissal. Tennessee recognizes both pretrial diversion and judicial diversion, but they work differently and have separate eligibility requirements. 

The Tennessee Bureau of Investigation explains that different statutes and procedures govern pretrial diversion and judicial diversion. With pretrial diversion, the prosecution suspends charges under an agreement between the district attorney and the defendant. The defendant does not plead guilty or receive a finding of guilt. Successful completion can lead to dismissal and an opportunity to seek expungement. 

Judicial diversion is different. An eligible defendant pleads guilty or nolo contendere, or is found guilty, but the court delays entering a judgment of guilt while the defendant completes a probationary period. Successful completion can result in discharge and dismissal, with the option to seek expungement. 

Diversion is not available in every case or to every defendant. Eligibility depends on statutory requirements, the offense, the defendant's history, and the type of diversion being considered. 

Dismissed Charges May Be Eligible for Expungement

Ending the prosecution and removing the charge from a criminal record are separate steps. Tennessee allows expungement in several circumstances, including when a charge is dismissed, the prosecution enters a nolle prosequi, or a grand jury returns a no true bill. Successfully completing pretrial services or judicial diversion can also provide a path to expungement. 

Expungement is not automatic. A person must go through the appropriate court process to have eligible records removed. That makes it important to determine not only whether a charge can be dismissed, but also what needs to happen after the case ends. 

Ask William L. Pomeroy Law to Review the Case Before Trial

Whether a Tennessee criminal charge can be dismissed depends on why you're challenging the case and where it stands in the process. William L. Pomeroy Law can review the charging documents, evidence, preliminary proceedings, and potential pretrial motions to identify issues that may affect whether and how the prosecution moves forward. 

Attorney William L. Pomeroy handles criminal defense matters from his Brentwood office and represents clients in Davidson County, Williamson County, and Rutherford County. If you have been charged with a crime and want to know whether you have grounds to challenge the case before trial, he can review the circumstances and explain your options. Contact the Brentwood, Tennessee criminal defense attorney to discuss what you can do before your case reaches trial.