Defendants who are arrested in Knoxville for any crime have a right to a bail hearing. The purpose of the bail hearing is for a judge to determine if the defendant should be released from prison and the terms of the release. Defendants who cannot meet the bail release terms remain in prison until the time of their hearing. Generally, in addition to being free pending a trial, defendants want to be released because it is easier and more practical to prepare for a trial when they are free than when in jail.

What factors determine the terms of bail in Tennessee?

The judge/magistrate assigned to the bail hearing needs to balance the rights of the defendant with “community concerns.” Community concerns generally include the safety of the community and whether the defendant will appear for his/her trial if released. 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
• Ties to family and other relationships
• Character, reputation, and mental condition
• Prior criminal history including any prior releases on recognizance or bail

Other statutory factors include:

• “The identity of responsible members of the community who will vouch for defendant’s reliability”
• The type of criminal offense, the likelihood of conviction, and the likely sentence, insofar as those factors affect the danger that the defendant may not appear for his/her required court appearances.
• Any other relevant factors

Additional bail requirements may include the following. The defendant must:

• Stay within the county
• Notify the court of his/her whereabouts
• Comply with curfew requirements
• Maintain his/her employment
• Submit to drug or alcohol tests
• Possibly need to wear a tracking device

What are the types of bail conditions?

Some defendants for minor crimes and strong connections to the community may be released on “their own recognizance.” This means there are no fees or expenses. The defendant is released on his/her promise to appear in court when his/her case is scheduled.

In other cases, where a defendant can be released, the release is contingent on paying a specific amount of cash. These defendants often work with bail bond agencies who pay the bail for the defendant provided the defendant pays the bail bond agency a share of the amount that is due.

Defendants may be denied bail if they are considered a flight risk, they have a prior criminal record, or the offense includes the death penalty.

The terms of bail usually vary depending on whether the offense is being heard in state or federal court.

Our seasoned Knoxville criminal defense lawyers represent defendants who contact us prior to the bail hearing at bail hearings. We work to emphasize all the factors that should help you obtain your release on your own recognizance or with a minimum amount of bail due. We also seek to reduce bail if it was imposed when the defendant did not have a lawyer representing him/her.

More information about the bail bond system in Tennessee

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. The bail bond agency will then file a claim against the defendant for the amount the agency and the defendant agreed would be due in the event of a non-appearance.

The share that the defendant pays is categorized as follows:

• Cash bail bonds. Here, the defendant or someone on the defendant’s behalf pays 10% of the full amount that is due.
• Property bonds. Here, the defendant or someone on their behalf uses his/her home or personal property (such as a vehicle) as security for the appearance of the defendant at the court hearings. The bail bond agency pays the full amount to the court.
• Other types of bail include corporate bail bonds, federal bonds for federal crimes, and appeal bonds. The value of the collateral must be more than the amount of the bail.

In the case of cash bail bonds, the 10% is the price of freedom. This means that if the defendant appears at all the hearings, the bail bonding agency keeps the 10% (and obtains the 100% the agency paid to the court) but the defendant doesn’t owe anything more – other than any small court costs. For example, if the court sets bail at $10,000, then the defendant pays the bail bond agency $1,000. The bail bond agency then pays the court $10,000. If the defendant appears, the agency receives the $10,000 from the court and keeps the $1,000 paid by the defendant. The defendant may also be required to pay a small court fee.

If the defendant doesn’t show at the hearing(s), the court keeps the full amount the bail bond agency paid if cash bail was used – and the bonding agency has the right to collect the balance due from the defendant. If the defendant used security/property bonds and doesn’t appear, then the bail bond agency has the right to claim the secured property.

If the defendant fails to appear at a hearing, the prosecution will likely seek a warrant for the defendant’s arrest. Both law enforcement and the bail bond agency will then look for the defendant. When found, the prosecution may file additional charges for violating the terms of the defendant’s bail.

At Banks and Jones, our experienced Knoxville criminal defense lawyers represent defendants at all stages of a criminal case from the moment of an arrest and bail hearings through the trial. We meet clients at our office and in prison if necessary. We also represent defendants who have been charged with violating bail. To present your strongest defense and to request your release from prison through the bail process, please call us or use our contact form to schedule a free consultation.