To get bailed out of jail, you have to make use of the bond system. While the system details can vary from state to state, Tennessee state law requires an individual posting bond to pay 10 percent of the total bond amount to a licensed bail bondsman.
For example, suppose you’ve been arrested for robbery and the total overall cost of your bond has been set at $10,000. By electing to get bailed out by posting a bond, you would be responsible for paying $1,000, or 10 percent of the total bond, to the licensed bondsman.
How To Use The Bond System
The bond system has been referred to as a type of insurance plan. By requiring an individual to pay 10 percent of their overall bond fee, the courts try to ensure the individual returns when the time comes to hear the case. Should the individual fail to appear, the $1,000 gets forfeited and the court will require the individual to pay the remaining 90 percent. So unless the individual can afford to pay $10,000, the bond system ensures complete participation in the legal process.
Please note that should the bond amount exceed $50,000, the bondsman could require some kind of collateral to cover the 90 percent. Acceptable forms of collateral can include:
• Valuables, including Automobiles and Real Estate holdings
• Cash and/or Credit Cards
• Stocks and Bonds
Essentially, most individuals using the bond system have a vested interest in getting their money and/or valuables restored to them, so participation gets encouraged.
You can also elect to pay the full amount of the bond in cash, which the court holds in good faith until you return for the court hearing. When that occurs, the court will refund the bond amount back to you.
Notable Exceptions
The exceptions refer to individuals likely to be:
• Flight risks
If the judge believes you’ve got a better-than-average chance of skipping town, they can deny you bail.
• Fugitives
If you’re already wanted for outstanding crimes, or if you were serving time and ran away before being re-arrested, the option of the bail system will be off the table.
• Repeat offenders
The bail system generally operates on the honor system, specifically that the accused will honor a promise to return for legal hearings. But if the individual in question keeps appearing in court due to criminal charges, the judge could decide the bail system will be off-limits.
Other Factors
When considering the option of allowing an individual to post bond, the Tennessee state courts can consider a number of other factors for each case, including personal history and any outstanding decisions. Depending on those factors, the courts may require the individual to follow these rules:
• Maintain employment, or inform the court when employment has been attained.
• Checking in with authorities, specifically the individuals and/or offices assigned to your case.
• Submitting to drug testing in whatever terms the court desires.
That could mean submitting to the test on a weekly period, or every other day.
• Following daily curfew requirements.
If they want you indoors by a certain time, the court can add that requirement.
• Adhering to travel restrictions
This one refers back to the notion of a flight risk. The court can require you to stay in town and don’t take any trips until the hearing has concluded.
If you have been accused of a crime, contact top criminal defense attorney David Clarke. An experienced trial attorney with a proven record of success, he is dedicated to protection of your rights and future.
