Tennessee § 40-10-101 - Notice of charge and right to counsel.
Full text of Tennessee Tennessee Code Annotated § 40-10-101 — Notice of charge and right to counsel., with citation guidance and answers to common questions.
§ 40-10-101. Notice of charge and right to counsel.
When the defendant is brought before a magistrate upon arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the offense with which the defendant is charged, and of the defendant's right to aid of counsel in every stage of the proceedings. Code 1858, § 5048; Shan., § 7008; Code 1932, § 11547; T.C.A. (orig. ed.), § 40-1101. Cross-References. Examination of defendant arrested by private person, § 40-7-113 . Examination of persons taken in fresh pursuit by officers from other states, § 40-7-204 . Officials designated as magistrates, § 40-1-106 . Right to counsel, Tenn. Const., art. 1, § 9; U.S. Const., Amend 6. Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 19, 20; 11 Tenn. Juris., Evidence, § 180. Law Reviews. A Noble Ideal Whose Time Has Come (Penny J. White), 18 Mem. St. U.L. Rev. 223 (1989).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-10-101
What does Tennessee Code Annotated § 40-10-101 cover?
Section 40-10-101 ("Notice of charge and right to counsel.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-10-101?
A common citation format is "Tennessee Code Annotated § 40-10-101" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-10-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.