Understanding Tennessee Bail Bonds: A Complete Guide
Understanding Tennessee Bail Bonds: A Complete Guide
Blog Article
When someone is arrested in Tennessee, the process of getting them out of jail often involves posting bail. Bail serves as a guarantee that the defendant will return for their court date after being released from custody. If the defendant cannot pay the bail amount set by the court, they may seek assistance from a bail bond company. This guide will explore the process of Tennessee bail bonds, how they work, and the legal implications involved.
What is Bail?
Bail is the financial sum set by the court that allows the temporary release of a defendant, ensuring they return for all court hearings. Bail amounts vary depending on the severity of the crime, the defendant's criminal history, and the risk of flight. In Tennessee, like other states, the purpose of bail is not to punish the defendant but to ensure compliance with court obligations.
How Bail Bonds Work in Tennessee
When a defendant is unable to afford the full bail amount, they can contact a bail bond company. These companies provide a financial guarantee to the court that the defendant will return for trial. In exchange, the defendant (or a co-signer) typically pays a non-refundable fee, usually around 10-15% of the total bail amount, to the bail bond company.
Example:
If bail is set at $10,000, the defendant or their family would pay the bond company a fee of $1,000 to $1,500. The bond company then posts the full amount to the court, securing the defendant’s release.
Cosigning a Bail Bond
In many cases, a friend or family member will act as a co-signer on the bail bond. This person assumes the responsibility if the defendant fails to appear in court. If the defendant flees, the bond company may send bounty hunters to locate the individual, and the co-signer may be required to pay additional costs.
Types of Bail Bonds in Tennessee
Cash Bond: The full amount of bail is paid in cash to the court. If the defendant appears at all scheduled hearings, the money is returned, minus any court fees.
Surety Bond: This is the most common type of bail bond in Tennessee. A third party, like a bail bond company, pays the bail on behalf of the defendant. The company then charges a non-refundable fee for this service.
Property Bond: In some cases, a defendant may be able to use real estate as collateral for bail. The court will place a lien on the property, which will be released once all court appearances are completed.
Release on Recognizance (ROR): For less serious crimes, a defendant may be released without paying bail but must promise to appear at future court dates. No money is exchanged, and this decision is based on factors like the defendant’s criminal record, ties to the community, and likelihood of fleeing.
Tennessee Bail Bond Regulations
Tennessee has specific laws and regulations governing bail bonds. For example, the state mandates that all bail bond companies be licensed and follow strict ethical guidelines. Additionally, the bail bond fee percentage is regulated by the Tennessee Department of Commerce and Insurance.
Bail bond agents must meet the following requirements to operate legally in Tennessee:
Be at least 18 years old.
Have no felony convictions.
Obtain a license from the Tennessee Department of Commerce and Insurance.
Pass a background check and provide references.
Bail Bond Process in Tennessee
Here’s a step-by-step breakdown of the bail bond process in Tennessee:
Arrest and Booking: After being arrested, the defendant is taken to jail for booking, where they will be fingerprinted, photographed, and placed in a holding cell.
Bail is Set: A judge will set the bail amount based on various factors, including the severity of the crime, flight risk, and the defendant’s criminal record.
Contact a Bail Bond Company: If the bail amount is too high for the defendant to pay, they or their family will contact a licensed bail bond company to arrange the posting of bail.
Fee Payment: The defendant or their co-signer will pay the non-refundable fee (usually 10-15% of the bail amount) to the bail bond company.
Release from Custody: Once the bail bond is posted, the defendant is released from jail with the agreement that they will attend all scheduled court hearings.
Court Appearances: The defendant must attend all court hearings. If they fail to do so, the court may issue a bench warrant for their arrest, and the bail bond company will be responsible for paying the full bail amount.
Consequences of Skipping Bail in Tennessee
If a defendant skips bail (fails to appear for a court date), several things can happen:
Forfeiture of Bail: The court will keep the full bail amount, and the bond company may seek reimbursement from the defendant or co-signer.
Bounty Hunters: In Tennessee, bail bond companies are allowed to hire bounty hunters to locate and apprehend defendants who skip bail.
Additional Charges: Skipping bail may result in additional criminal charges for failure to appear, which could lead to more severe penalties.
The Tennessee bail bond process allows defendants to secure their release while awaiting trial, ensuring they can return to work and be with their families. However, it comes with financial and legal responsibilities, both for the defendant and anyone acting as a co-signer. Understanding the different types of bail bonds and the associated costs can help individuals navigate this sometimes complex process, ensuring they comply with all legal requirements.