Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 10
Tennessee Code Annotated

Tenn. Code Ann. § 40-10-101 (2024)

Notice of charge and right to counsel

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When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings.

Code 1858, §5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101.

Notes of Decisions
Cited in 3 cases, 2001–2018 · leading case: State of Tennessee v. Charlotte Lynn Frazier, 558 S.W.3d 145 (Tenn. 2018).
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State of Tennessee v. Charlotte Lynn Frazier, 558 S.W.3d 145 (Tenn. 2018). · cites it 2× “§ 40-5-105 (2018) (setting bail for criminal defendants); Tenn. Code Ann. §§ 40-10-101 to -114 (2018) (presiding over preliminary examinations); Tenn.”
State of Tennessee v. Carl Lee Bright, No. E2010-00903-CCA-R3-CD (Tenn. Crim. App. May 27, 2011). · cites it 2× “See also T.C.A. § 40-10-101 (2010). If a defendant waives a preliminary examination, also known as a preliminary hearing, the trial court shall bind him over to the grand jury.”
State of Tennessee v. Harry M. Nimmons, No. E2000-02396-CCA-R3-CD (Tenn. Crim. App. Aug. 14, 2001). · cites it 2× “1979); see Tenn Code Ann. §§ 40-10-101 to -113 (1997) (“Preliminary Examination”); Tenn.”
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