Default of Defendant

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Pretrial Diversion
  5. Default of Defendant

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  1. When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant.
  2. The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket.

Code 1858, §§ 5193, 5194; Shan., §§ 7157, 7158; Code 1932, §§ 11719, 11720; T.C.A. (orig. ed.), §§ 40-2103, 40-2104.

Compiler's Notes. Acts 2011, ch. 484, § 3 provided that the act, which amended  §40-15-105(a)(1)(B) and §40-35-313(a)(1)(B)(i), shall not apply to the eligibility of a person for suspension of prosecution pursuant to title 40, chapter 15, part 1 if the offense for which such person is charged was committed prior to July 1, 2011.  The law in effect at the time shall govern such person.


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