Bail is not something you think about until you or someone you love is in custody. If someone has just been arrested, this is probably one of the first things you’re trying to figure out.
Unfortunately, there isn’t one answer. Tennessee has several ways a person can be released after an arrest, and the process can depend on the charges, the defendant’s history, and the circumstances of the case.
So, how does bail work in Tennessee criminal cases? Here’s what defendants and their families should know before they start making calls to a bail bond agent or trying to figure out what happens next.
What Is Bail?
Bail is a way for a defendant to remain out of jail while their criminal case is pending. When a court sets bail, the defendant may have to provide money or some other type of security as a guarantee that they will return to court.
If they follow the rules and appear as required, the case continues while they remain out of custody.
Who Decides the Amount of Bail?
Unfortunately, there is no single bail amount that applies to every Tennessee arrest. A judicial commissioner or judge may look at:
- The seriousness of the charges and potential consequences
- The defendant’s criminal history and record of appearing in court
- Their ties to the community, including how long they have lived there
- Their employment history and financial circumstances
- Whether they pose a risk to public safety or may fail to appear in court
The court may also consider whether certain conditions could allow the defendant to remain out of custody safely. That means two people arrested for different offenses could end up with very different release conditions.
Can You Get Out Without Paying Bail?
Sometimes, Tennessee courts may release some defendants without any bail. In these cases, the defendant promises to come back to court as required without having to post a traditional monetary bond. These options include:
- Release on recognizance: The defendant is released based on a promise to appear in court, without posting a traditional cash bond.
- Unsecured appearance bond: The defendant signs a bond for a specified amount but does not have to deposit that amount upfront. The bond can carry financial penalties if the defendant fails to comply.
The court can also impose conditions on the person’s release. This could include restrictions on travel, contact with certain people, or other requirements.
Not every defendant will qualify for this type of release. The court looks at the circumstances of the individual case.
What Is a Bail Bond Agent?
If the court sets a monetary bond that a defendant cannot afford to pay, a bail bond agent may be an option. In these situations, a bail bond company charges a fee to post the bond on the defendant’s behalf. In turn, a company may also require collateral.
Before signing anything, make sure you know exactly what you are paying and what, if anything, is being used as collateral.
What If You Cannot Afford Bail?
If a defendant cannot afford the bail that has been set, they may remain in jail while the case is pending. In some cases, a criminal law attorney can ask the court to reconsider bail. Once again, that request is granted depending on the facts of the case.
What Happens If You Miss Court?
If you get released, it comes with a major responsibility. You still need to show up when the court says you need to be there.
Missing court can result in additional consequences, including a warrant and the possibility that the defendant’s release will be revoked.
If something prevents a defendant from appearing, they should not say they can explain it later. You want to contact an attorney as soon as possible in these situations.
What Happens to the Bail Money?
This will depend on how the bond was posted and what happens during the case. When money is posted directly with the court, the defendant may be entitled to have the money returned under certain circumstances.
However, working with a bail bond agent is different. The fee paid to them is not refundable because the defendant appears in court.
Bail Is Just the Beginning
How does bail work in Tennessee criminal cases? There is no standard bail amount or process that applies to everyone. Some defendants may be released without posting a traditional bond, while others may have to post money or use a bail bondsman.
If you’re trying to figure out this process for yourself or someone you care about, Erik Herbert Law can help. We can explain the release conditions, address bail issues, and help you understand the next part of the process. Reach out today to schedule a consultation.
