+ What is the District Attorney’s jurisdiction?

Our office prosecutes individuals who violate state law in the 30th Judicial District of Tennessee, or Shelby County.

+ Does the District Attorney create laws?

No, that is the role of the state’s legislature.

+ Can you provide me with legal advice?

The attorney ethics rules do not allow us to give legal advice.

+ Can you refer me to an attorney?

As a government entity we are not permitted to recommend attorneys. Organizations such as the Memphis Bar Association may be able to offer advice on how to select an attorney to handle your legal matter.

+ What authority do assistant district attorneys have?

They can investigate persons, issue subpoenas, file formal criminal charges, negotiate settlements with defendants and grant immunity to witnesses or accused criminals.

+ Who decides what charges to file?

Charging decisions are usually made by law enforcement. Assistant district attorneys will only make charging decisions in certain cases.

+ Who sets bonds?

Bonds are set by judges and judicial commissioners. The DA’s Office does not set bonds.

+ How can I have my criminal record expunged?

In Tennessee, only certain criminal convictions can be expunged, a court-ordered process in which a record can be erased. Review this expungement form to see if you qualify.

+ How do I get a copy of a police report?

Police reports are maintained by the law enforcement agency that makes the arrest.

+ May I gain access to criminal records online?

The General Sessions Criminal Court Clerk and the Criminal Court Clerk maintain criminal court records.

+ How do I find out when a defendant is set for court?

The General Sessions Criminal Court Clerk and the Criminal Court Clerk keep the information about when defendants are set. Check out our Case Info tab to learn more.

+ How do I find out if a defendant in a case is currently in custody?

Follow this link to see who is in jail.

+ Can I be notified if and when a defendant is released from jail?

Yes – to access defendant custody information visit www.vinelink.com or call 1-888-868-4631.

+ I am a defendant and have been charged with a crime. Who should I talk to?

Contact the Public Defender’s Office or find a private defense attorney.

+ How do I find out which assistant district attorney or victim/witness coordinator is handling my case?

Call our office at 901-222-1300.

+ Will I be contacted if the DA receives my case?

Yes, one of our victim/witness coordinators will reach out to you.

+ Where can I get information on my case?

Contact your victim/witness coordinator or call our office at 901-222-1300.

+ If a General Sessions preliminary hearing goes against us – no probable cause or dismissed by judge for lack of prosecution – is the case over?

No, it can still go to the Grand Jury, and usually will after a review by prosecutors.

+ What should I do if I received a subpoena?

A subpoena is a court order, so you must appear in court on the date and time noted on the subpoena. Failure to appear could result in a warrant for your arrest. If for any reason you feel you cannot appear in court on the court date, call the victim/witness coordinator or the prosecutor on the case to discuss your situation with them.

+ What if my boss doesn’t want me to come to court?

It is illegal for any employer to prohibit an employee from answering a subpoena for court. Please contact the victim/witness coordinator on the case if there is an issue.

+ What should I wear to court?

Business casual is suggested for court attire. Do not wear tank tops, shorts, revealing clothing or clothing with inappropriate words or images. In a jury trial, buttons with photos of victims, shirts with victims’ names or images are not permitted.

+ What should I know before coming to court?

Leave home early enough to allow time for travel, locating parking downtown, a security screening and locating your courtroom within the courthouse.

+ What if I am contacted by someone other than the police or prosecutor?

Always be sure you know who you are talking to about the case and who they represent. You can request identification to ensure you know which agency the person works with. Victims and witnesses have the right to refuse to talk to anyone. If you do speak to someone about the case, always be truthful.

+ What are some suggestions for witnesses?

• Be prepared to tell the judge or jury what happened.
• Speak clearly and loudly, so the judge and jury can hear you. Everything is being recorded, so do not nod your head yes or no, answer the question verbally.
• Listen carefully to the questions asked of you. If you do not understand a question, ask that it be explained or repeated.
• Tell the truth. Think before you speak. Do not guess or make up an answer. If you do not know the answer to a question, or if you do not remember, say so.
• Stop talking when an attorney objects or the judge interrupts you. Wait until the court rules on the objection and you have been instructed whether or not to answer the question.
• Be courteous, even if the attorney asking the questions is not.
• Beware of questions involving distances and times. If you make an estimate, make sure to make it clear that you are estimating.
• If asked whether you have talked to the prosecutor or someone at the DA’s Office before court, admit it freely if you have done so.
  

+ How should I conduct myself in 201 Poplar?

• Never attempt to talk to anyone who could be a juror.
• Do not talk about the case in the elevator or in any public area of the courthouse – a juror could be within listening distance.
• Turn off your cell phone before going into the courtroom.
• Do not have food, drinks or gum inside the courtroom.
• While in the courtroom, never attempt to address the defendant.
• Wait for the jury to leave the courtroom before you exit the courtroom.
• If you experience any intimidation from the defendant, the defendant’s family, the defendant’s friends or any witnesses while in court, please notify the courtroom deputy, as well as the victim/witness coordinator or prosecutor immediately.
  

+ What is Criminal Injuries Compensation?

Victims of crime may be eligible for compensation to help pay their medical bills or funeral expenses. Criminal Injuries Compensation does NOT pay for property loss. For further information on the Criminal Injuries Compensation program, please visit this link. You can also obtain a copy of the Criminal Injuries Compensation application from your victim/witness coordinator.

+ What if I have moved since the crime occurred?

If you have moved, it is very important that you contact the victim/witness coordinator on your case to update your contact information. If you are unsure of who to call, you can contact Amy McCullough, the Director of the Victim/Witness Unit, at 901-222-1561. The District Attorney’s Office cannot update you about your case if we do not have your current contact information, and our inability to locate you could impact our ability to prosecute the case.

+ What does it mean when a case is Dismissed for Lack of Prosecution by a judge?

It usually means an important prosecution witness was unavailable or did not show up. The case, however, still can be presented to the Grand Jury for indictment.

+ When is the District Attorney’s Office notified about an officer involved death in Shelby County?

Immediately. The District Attorney is always notified when an individual dies at the hands of law enforcement or dies while in the custody of law enforcement.

+ Who conducts the investigation?

After the District Attorney is notified about an officer involved death, she will call TBI to conduct an investigation.

+ What happens after TBI conducts their investigation?

The file is delivered to the District Attorney for her review. Copies are also provided to each assistant district attorney assigned to the Officer Involved Death Review Team for their review as well. This team consists of 4 senior attorneys: the deputy DA, the administrative assistant for the Grand Jury, the administrative assistant for the trial courts and the director of training. This team will decide whether criminal charges should be filed.

+ Where can I read more about the procedures?

Follow this link.