If you were arrested in Tennessee it is crucial that you understand your rights surrounding bail and how the process works. Read on and work with a Memphis criminal defense attorney for representation and legal advice.
What is Bail?
Bail is money that can be paid to a court for the release of a defendant until their trial. After being arrested for a crime, an individual is in a state of limbo in a way. They are innocent until proven guilty so they technically should not yet be penalized. However, for safety reasons, it may make sense for them to remain in custody until a ruling is made.
When a judge grants bail they are allowing a person accused of a crime to be released from detainment on the condition that they will appear at all hearings and court dates required. In Tennessee, bail can be paid in several ways.
- Cash bail: The most obvious way to be released on bail is through a cash bail. The defendant can pay the amount in full and be let out.
- Bail bond: Defendants can pay a bail bond company to front the money for their bail. This usually costs the defendant a percentage of the total bail amount and acts like a loan.
- Property bond: A defendant can use their property as collateral for bail. For example, if bail is set at $10,000 and the individual owns a car worth as much, they can use it to be released.
- Own recognizance: A judge may allow an individual to be released on their own recognizance (OR). This means that they are not required to post bail or pay any money. They are still required to show up to court but there is no financial incentive.
How Does Bail Work in TN?
The bail process is quite simple. After being arrested for a crime in Tennessee, the defendant will be brought before a judge who informs them of the charges against them. There, the defendant can make their plea and bail can be set. A judge may or may not allow bail as an option, depending on the specific circumstances of the situation.
Once an amount has been set, the defendant, a friend, a family member, or a bail bond agency can pay the money or put a piece of property up as collateral. When the amount has been covered in full, the defendant can be released and go home.
They are legally required to appear for all hearings and court dates until an official verdict is made. Regardless of the outcome of the case, bail will be refunded given that the defendant met all requirements and appeared in court. However, if they fail to show up even once, they forfeit the bail. If they paid in cash, the money will not be refunded. If they put a vehicle or home up as collateral, the property can be seized.
For more information contact an experienced attorney today.
