Brooks Law Firm
If you or someone you love was just arrested in Memphis, the days that follow can feel like a blur of paperwork, court dates, and terms nobody explains. This page walks through what actually happens, step by step, in the Shelby County criminal system — from booking at 201 Poplar through the first court date, the preliminary hearing, the grand jury, and how a case finally ends. It is general information, not legal advice, but it should tell you what to expect and where the decisions that matter get made. If you have a case moving through this process, call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.
1. The arrest and booking
After an arrest in Memphis or Shelby County, a person is taken to the Shelby County Criminal Justice Center at 201 Poplar Avenue for booking — fingerprints, a photograph, a records check, and processing. This can take several hours. For most charges a bond is set by a judicial commissioner during or shortly after booking; for some charges, a person must wait to see a judge before release.
2. Bond and getting out
Bond is the money or promise that secures a person’s release while the case is pending. A commissioner or judge sets the amount based on the charge, the person’s record, and their ties to the community. Common forms are a cash bond, a surety bond posted through a bondsman for a non-refundable fee, or release on one’s own recognizance (a written promise to appear) for lower-level charges. A few situations delay release:
- Domestic assault. Tennessee requires a mandatory hold of at least 12 hours before release when a magistrate finds the person is a threat — even if the alleged victim asks for their release. Courts may also add GPS monitoring and no-contact conditions.
- Holds and detainers. An out-of-county warrant, a probation hold, or an immigration detainer can keep someone in custody even after bond is otherwise available.
3. The first court date — arraignment in General Sessions
The first court date for most Memphis cases is in General Sessions Criminal Court at 201 Poplar. At arraignment, the person is told the formal charge and their rights, and a plea is entered or the case is reset. Misdemeanors can often be resolved in General Sessions. Felonies do not get decided here — they move toward a preliminary hearing and the grand jury. This is the stage where having a lawyer already involved matters most, because early decisions about resets, discovery, and diversion eligibility shape everything that follows.
4. The preliminary hearing (felony cases)
On a felony charge, the defendant has the right to a preliminary hearing in General Sessions, where the State must show there is probable cause to believe a crime was committed and that this person committed it. It is not a trial and there is no jury — the judge decides only whether the case moves forward. It is, however, a valuable early look at the State’s proof and a chance to cross-examine witnesses, and it sometimes ends in a reduction or dismissal.
5. The grand jury and indictment
If probable cause is found (or the preliminary hearing is waived), the case goes to the Shelby County grand jury, which reviews the evidence in private and decides whether to return an indictment (a “true bill”). The grand jury can also act by presentment without a preliminary hearing. An indictment is a formal accusation, not a finding of guilt — it simply moves the case into Criminal Court.
6. Criminal Court — arraignment, motions, plea, or trial
Once indicted, a felony case is assigned to a division of Shelby County Criminal Court. The defendant is arraigned again on the indictment, and the case moves through a series of report dates. This is where the real litigation happens:
- Discovery — the defense obtains the State’s evidence: police reports, body-cam and dash-cam video, 911 audio, lab results, and witness information.
- Motions — the defense can move to suppress evidence obtained through an unlawful stop, search, or interrogation. A successful suppression motion can end a case before trial.
- Negotiation — most cases resolve by a negotiated plea. Whether an offer is worth taking depends on the evidence and the client’s circumstances.
- Trial — if the case is not resolved, it is tried to a jury (or, for some matters, to the judge). The State must prove every element beyond a reasonable doubt.
7. How a case ends
A criminal case in Shelby County can end several ways: dismissal, a reduction to a lesser charge, diversion (a program that ends in dismissal and eligibility for expungement for qualifying first offenders), a negotiated guilty plea, or a verdict after trial. Which outcome is realistic depends entirely on the facts and the proof — which is why the early evidence work matters so much.
What happens if I miss my court date in Memphis?
Missing a court date is serious, but it is usually fixable if you act fast. When a defendant fails to appear, the judge typically issues a capias or bench warrant for their arrest, and any bond can be forfeited — meaning the money posted is at risk and a bondsman may start looking for the person. Until the warrant is resolved, an ordinary traffic stop can turn into an arrest.
The fix is to address it quickly rather than hope it goes unnoticed. A lawyer can often file a motion to have the warrant recalled and the case put back on the docket, and can appear with you to explain the absence — a medical emergency, a missed notice, a work conflict. The sooner this is done, the better the outcome, and the more likely the bond can be reinstated rather than lost. What you should not do is wait: a bench warrant does not expire, and the longer it sits, the harder the situation becomes. If you have missed a Memphis or Shelby County court date, call (901) 324-5000 or text 901-412-2973 and we will tell you what your options are.
Keeping the charge off your record
For many first-time defendants, the real goal is a resolution that leaves no permanent record. Diversion and expungement can, for qualifying charges, end a case in a dismissal that is later erased. Two important exceptions: a DUI conviction and a domestic assault conviction generally can never be expunged in Tennessee — which is a major reason to fight those charges rather than plead early.
What to do right now
- Do not talk about the case — not to police without a lawyer, not on the phone from jail (calls are recorded), and not on social media.
- Write down everything you remember about the arrest while it is fresh.
- Note every date you are given, and do not miss a court appearance.
- Preserve evidence — photos, messages, receipts, and the names of any witnesses.
- Call a lawyer before the first court date. The earliest decisions are often the most important.
Talk to a Memphis criminal defense lawyer
Brooks Law Firm defends criminal charges through every stage of this process — from the first appearance in General Sessions through trial in Criminal Court — across Memphis, Shelby County, and the surrounding West Tennessee counties. Call the office at (901) 324-5000, or call or text the criminal line at 901-412-2973, for a free, confidential consultation. Se habla Español. See our criminal defense overview, or what a defense costs.
Frequently asked questions
What happens after you’re arrested in Memphis?
You are booked at the Shelby County Criminal Justice Center at 201 Poplar Avenue — fingerprints, photograph, and processing — and a bond is usually set. After release, your first court date is an arraignment in General Sessions Criminal Court, where the charge is read. Misdemeanors can resolve there; felonies move toward a preliminary hearing and the grand jury.
Where do I go for booking or court in Shelby County?
Most criminal booking and the first court appearances happen at the Shelby County Criminal Justice Center at 201 Poplar Avenue in downtown Memphis. Charges from suburban police departments may begin in that city’s municipal court, and West Tennessee county charges go to that county’s courts.
What happens if I miss my court date in Memphis?
The judge usually issues a capias or bench warrant for your arrest and may forfeit your bond. It is often fixable if you act quickly — a lawyer can move to recall the warrant and put the case back on the docket. A bench warrant does not expire, so the sooner you address it, the better.
How long does a criminal case take in Shelby County?
It varies widely. A misdemeanor resolved in General Sessions can take weeks to a few months; a felony that goes through a preliminary hearing, the grand jury, and Criminal Court motion practice can take many months or more, and a case that goes to trial takes longer still.
Can I get the charge taken off my record?
Often, for qualifying first offenses, through diversion followed by expungement, or through a dismissal. Two major exceptions are DUI and domestic assault: a conviction for either generally cannot be expunged in Tennessee, which is a strong reason to fight those charges.