Tennessee Criminal Appearance Bond, also known as a bail bond or surety bond, is a legal agreement made between a defendant, a bail bondsman, and the court system. This type of bond is required to secure the release of a defendant who has been arrested and is awaiting trial for a criminal offense. In Tennessee, there are various types of Criminal Appearance Bonds available: 1. Cash Bond: This is the most straightforward type of bond. It requires the defendant or their representative to pay the full bail amount in cash to the court to secure their release. 2. Surety Bond: In cases where the defendant is unable to pay the full bail amount, they can seek the assistance of a licensed bail bondsman. The bail bondsman will post a surety bond, guaranteeing to the court that the defendant will appear for all required court appearances. 3. Property Bond: This type of bond involves using real estate or other assets as collateral to secure the defendant's release. If the defendant fails to appear in court, the court may initiate foreclosure proceedings on the property used as collateral. 4. PR Bond (Personal Recognizance Bond): This is a type of bond where the defendant is released without having to pay bail. It is typically granted to individuals with strong ties to the community and a low flight risk. The purpose of a Tennessee Criminal Appearance Bond is to ensure the defendant's presence at all court proceedings. By posting a bond, the defendant is released from custody and allowed to resume their daily activities until their trial. However, failure to comply with the conditions of the bond, such as not appearing in court as required, can result in the forfeiture of the bond amount and additional legal consequences. It is important to note that the specific rules and regulations regarding Criminal Appearance Bonds may vary from county to county within Tennessee. It is crucial for defendants and their representatives to consult with legal professionals or bail bond agents who are knowledgeable about the local laws and procedures.
Tennessee Criminal Appearance Bond
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In making this determination, the magistrate may also consider: (1) The defendant's length of residence in the community; (2) The defendant's employment status; (3) The defendant's prior criminal record, including prior releases on recognizance or bail; (4) Whether, at the time of being charged with the offense, the ...
Any defendant arrested or served with a criminal summons prior to indictment or presentment for a misdemeanor or felony, except small offenses, is entitled to a preliminary hearing. A preliminary hearing may be waived as set forth by subsection (2) or as otherwise provided in this rule.
In Tennessee, the bail bond agency or bondsmen charges a non-refundable fee of 10% of the total amount of the bail itself. For example, a bail of $1,000 will require at least $100 from the defendant or a family member or friend that posts the fee on their behalf.
The court sets the bail amount based on many factors, including the charges, the person's ties to the community and the defendant's criminal history. Once the bail is set, the person can pay cash, have a bail bondsman get them out or put up property to meet the required amount.
When a defendant fails to appear in court, whether or not the judge finds the defendant guilty of contempt, a judgment is entered against the defendant by default. The defendant may still appeal the default judgment to circuit court within 10 days by posting a bond in the amount of $250. T.C.A. § 16-18-307.
Generally, the bail bond agency pays the full amount of the bail if the defendant pays his/her share. If the defendant appears for all his/her court hearings, the court releases the amount that the bail bond agency paid into court. If the defendant doesn't show/skips out on the hearing, the court keeps the bail money.
Bail is normally set within 72 hours of the defendant's arrest. Some of the factors the bail judge/magistrate must review by statute include the defendant's: Length of residence in the community. Employment history, current status, and current financial condition.
A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.