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![handle is hein.sag/sagtn0004 and id is 1 raw text is: STATE OF TENNESSEE
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
January 3, 2006
Opinion No. 06-001
Arrest Warrants - Applicability of Tenn. Code Ann. §40-6-206 to Felony Cases
QUESTIONS
1. Does Tenn. Code Ann. §40-6-206 apply to felony cases?
2. What is the time of issuance and return for a warrant or other process in a felony case.
3. Does Tenn. Code Ann. §40-6-206 apply to misdemeanor violations of probations?
OPINIONS
1. Yes. Tenn. Code Ann. §40-6-206 applies to felony cases.
2. Because the first sentence of Tenn. Code Ann. §40-6-206 applies to felony cases,
warrants and other processes issued in such cases may be issued at any time and made returnable
to any day of the term.
3. No. Tenn. Code Ann. §40-6-206 does not apply to probation violation warrants.
ANALYSIS
1. Tenn. Code Ann. §40-6-206 provides:
Any process, warrant, precept or summons authorized to be issued by
any of the judges or clerks of the court, in any criminal prosecution
on behalf of the state, may be issued at any time and made returnable
to any day of the term. In a misdemeanor case, if such a process,
warrant, precept or summons has not been served, returned or
quashed within five (5) years from the date of its issuance, such
process, warrant, precept or summons shall be automatically
terminated and removed from the records.
Because Tenn. Code Ann. §40-6-206, provides that warrants and other processes issued in any
criminal prosecution on behalf of the State (emphasis added), the first sentence of the statute
applies to felony cases. See Op. Tenn. Att'y Gen. 98-153 (Aug. 17, 1998) (Neither [§40-6-206]](ViewImageLocal?handle=hein.sag/sagtn0004&div=1&collection=&method=preview&ext=.png&size=3)