(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.
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Terms Used In Tennessee Code 40-3-103

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(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.
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