Tennessee Code Annotated
Tenn. Code Ann. § 40-3-103 (2026)
Information
✓ current as of May 2026
- (a) All violations of the criminal laws may, with the consent of the accused and the accused's attorney and of the court, be prosecuted upon the filing of an information.
- (b) "Information" means a written statement by a district attorney general charging a person with the commission of a criminal offense.
- (c)
- (1) It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers.
- (2) Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment.
- (3) The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information.
Acts 1975, ch. 258, §§ 2, 3; T.C.A., §§ 40-306, 40-307.
Notes of Decisions
Cited in 10
cases, 1988–2020 · leading case: Benson v. State, 153 S.W.3d 27 (Tenn. 2005).
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “Tenn.Code Ann. § 40-3-103(b) (2003). Article I, section 14 of the Constitution of Tennessee provides that "no person shall be put to answer any criminal charge but by presentment, indictment or impeachment.”
State v. Street, 768 S.W.2d 703 (Tenn. Crim. App. 1988). “Tenn.Code Ann. § 40-3-103. See Howard v. State, 143 Tenn.”
State of Tennessee v. Ashley Wright (Tenn. Crim. App. 2020). “See T.C.A. § 40-3-103. She entered into a plea agreement whereby she was to receive a sentence of two years for each identity theft conviction and a sentence of eleven months and twenty-nine days, “all suspended at 0%,” for the misdemeanor theft conviction, with all of the…”
Veric Dean Osgood v. State of Tennessee (Tenn. Crim. App. 2010). “See Tenn. Code Ann. § 40-3-103 (b). On May 30, 2007, the Petitioner pled guilty to the charged offenses.”
State of Tennessee v. Guy Henry White (Tenn. Crim. App. 2010). “See T.C.A. § 40-3-103 (2006). The trial court sentenced him to five years to be served as 90 days’ incarceration with the remainder on supervised probation.”
Rice v. State (Tenn. Crim. App. 2010). “Baugh, being the duly elected District Attorney General for Williamson County, Tennessee, acting under the authority of Section 40-3-103, Tennessee Code Annotatated, in April of 1992 before the finding of this presentment, present that Ronald W.”
Marty Holland v. State of Tennessee (2019). “See Tenn. Code Ann. § 40-3-103 (b); see also § 39-12-101; id.”
State v. Max Martin (Tenn. Crim. App. 1998). “He drove her to Martin’s 1 This procedure is outlined in Tenness ee Code Ann otated section 40-3-103 (1990). 2 Creek in Putnam County where he took her clothes off, held her down, and forcibly raped her once.”
State of Tennessee v. Mario C. Estrada (Tenn. Crim. App. 2003). “The test for 1 W e would also acknowledge that Tennessee Code A nnotated § 40-3-103 pro vides: “All violations of the criminal laws may, with the consent of the accused and the accused’s attorney and of the court, be prosecuted upon the filing of an information.”
State of Tennessee v. Renne Efren Arellano (Tenn. Crim. App. 2003). “2 W e would also acknowledge that Tennessee Code A nnotated § 40-3-103 pro vides: “All violations of the criminal laws may, with the consent of the accused and the accused’s attorney and of the court, be prosecuted upon the filing of an information.”
— Tenn. Code Ann. § 40-3-103(b) — 1 case
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “Tenn.Code Ann. § 40-3-103(b) (2003). Article I, section 14 of the Constitution of Tennessee provides that "no person shall be put to answer any criminal charge but by presentment, indictment or impeachment.”
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