Tennessee Code Annotated
Tenn. Code Ann. § 40-14-105 (2026)
Time before trial - Noncapital offenses
✓ current as of May 2026
Every person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense.
Acts 1949, ch. 189, § 1; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 1; T.C.A. (orig. ed.), § 40-2005.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1990–2021 · leading case: State v. Brown, 795 S.W.2d 689 (Tenn. Crim. App. 1990).
State v. Brown, 795 S.W.2d 689 (Tenn. Crim. App. 1990). “The appellants were tried on both charges beginning on December 12, 1988. Every person accused of any crime or misdemeanor is entitled to fourteen full days after arrest and the return of the indictment or presentment before being tried for such offense.”
State of Tennessee v. Demetrious Tommy Lee (Tenn. Crim. App. 2021). “” Tenn. Code Ann. § 40-14-105 (emphases added).”
Robert Derrick Johnson v. State of Tennessee (Tenn. Crim. App. 2021). “On appeal, the Petitioner asserts that he received the ineffective assistance of trial counsel because counsel failed to (1) advise him of a statutory right to at least fourteen days to prepare for trial, see Tennessee Code Annotated § 40-14-105; (2) file a motion to continue…”
State of Tennessee v. Gregg T. Merrilees (Tenn. Crim. App. 2020). “Cate stated that the indictment had been amended only three days prior and argued that, under Tennessee Code Annotated section 40-14-105, a defendant must be given a minimum fourteen-day continuance after the amendment of an indictment.”
State of Tennessee v. Marion Lee Chapman (Tenn. Crim. App. 2001). “” Tenn. Code Ann. § 40-14-105 . The appellant was indicted on May 3 and was tried for this offense approximately ten (10) days later.”
Ralph Paul Marcrum v. State of Tennessee (Tenn. Crim. App. 2012). “See Tenn. Code Ann. § 40-14-105 (2). On cross-examination, the Petitioner stated that he did not know that he faced a maximum six-year sentence if convicted of theft of property valued at greater than $500 but less than $1,000.”
State of Tennessee v. Louis Leslie Myles (Tenn. Crim. App. 2006). ““Judicial diversion is similar to pretrial diversion and is to be imposed within the discretion of the trial court subject only to the same constraints applicable to prosecutors in applying pretrial diversion under Tennessee Code Annotated section 40-14-105.” State v. Anderson,…”
State of Tennessee v. Charles T. Fletcher, Jr. (Tenn. Crim. App. 2014). “Although the Defendant-Appellant in this case was prosecuted upon an information, we believe he was also entitled to the fourteen-day time period in Code section 40-14-105 before being tried. Moreover, we note that the denial of this statutory time to prepare for trial reaches…”
State of Tennessee v. Brian Caswell McGrowder (Tenn. Crim. App. 2014). “Tennessee Code Annotated section 40-14-105 provides that “[e]very person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being…”
State v. Leon Hurd (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 40-14-105 . Thus, the state could not force him to trial on that offense on April 20, 1999.”
State v. Leon Hurd (Tenn. Crim. App. 2000). “See Tenn. Code Ann. § 40-14-105 . Rule 14 of the Tennessee Rules of Criminal Procedure sets out the circumstances in which a severance may be granted under Rule 8(a): If two or more offenses have been joined or consolidated for trial pursuant to Rule 8(a), the court shall grant…”
State v. Clifton Wallen (Tenn. Crim. App. 1999). “" Tenn. Code Ann. § 40-14-105 . That statutory requirement was met in this case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.