Tennessee Criminal Appearance Bond
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How to fill out Criminal Appearance Bond?
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FAQ
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.