TCA 40-2-104
Commencement of prosecution
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What does this charge mean?
A criminal prosecution officially begins when a grand jury issues an indictment, a prosecutor files formal charges, a warrant is issued, a defendant appears in court, or a DNA profile is used to identify and charge a defendant. Once one of these steps happens, the case has "commenced" for legal purposes.
Penalty Details
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Penalty SummaryClassification not specified
A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
PENDING
TCA Section40-2-104