SANDRA L. WELLS
ATTORNEY AT LAW

Bail Bond Attorney | Nashville | Franklin | TN Lawyer

 
BOND

Bond and/or Bail is an amount of money paid in order to release you from jail while you are waiting for your case to go to court. The reason for the bond is to make sure you come back to court. You do not have the right to a bond if you are charged with a crime that carries the death penalty or are being held on a parole violation. 

In deciding the amount of bond, the Court will look at the kind of crime that you have been charged with, the evidence against you, your prior criminal record, if you have failed to appear in court before, how long you have lived in the area, family and friends in the area, employment, and how long you have had your job. The presence of your family or employer in court may be helpful in getting a lower bond. If your bond is too high, your lawyer can file a motion asking that your bond be lowered.


      




T.C.A. § 40-11-105. Right to Bail; Clerks; Powers and Duties

(a)(1) When the defendant has been arrested or held to answer for any bailable offense, the defendant is entitled to be admitted to bail by the committing magistrate, by any judge of the circuit or criminal court, or by the clerk of any circuit or criminal court; provided, that if admitted to bail by the clerk of any circuit or criminal court, the defendant has a right to petition the judge of the circuit or criminal court if the defendant feels that the bail set is excessive, and shall be given notice of this fact by the clerk.


(2) The clerk of any circuit or criminal court may only admit the defendant to bail when the judge is not present in the court and the clerk reasonably believes that the judge will not be present within three (3) hours after the defendant has been committed to the county or city jail, following arrest.

(b) Except as provided in subsection (c), in no event may a clerk set the amount of bail in excess of:

(1) One thousand dollars ($1,000) if the defendant is charged with a misdemeanor;

(2) Ten thousand dollars ($10,000) if the defendant is charged with a felony that does not involve a crime committed against a person;

(3) Fifty thousand dollars ($50,000) if the defendant is charged with a felony that involves a crime committed against a person; or

(4) One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide.

(c) A clerk may set the amount of bail in excess of the listed amounts in subsection (b) if the defendant is deemed a risk of flight pursuant to T.C.A. 40-11-118.

Website Builder