If you or a loved one has been arrested, one of the first questions is: “How do we get out of jail?” The answer often involves bail. Bail is money or property pledged to the court as a guarantee that the defendant will return for their court dates. In Tennessee, bail is determined based on several factors, including the nature of the charges, criminal history, and flight risk.
How Bail is Set
In Tennessee, the judge or magistrate will review the case and set a bail amount. The bail amount will vary based on the seriousness of the crime and the defendant’s prior history. For example, serious felony charges or violent crimes will generally come with higher bail amounts compared to misdemeanor charges. In some cases, bail may be denied altogether if the court deems the defendant a flight risk or a danger to the public. The judge or magistrate will also consider whether the accused has ties to the community, so someone not from the area may be given a higher bail than a person who lives locally.
Types of Bail
There are several ways to post bail:
- Cash Bail – The full bail amount is paid upfront in cash. This is returned at the end of the case, provided the defendant attends all required court appearances.
- Bail Bond – A bail bondsman posts bail on behalf of the defendant for a fee, usually a percentage of the bail amount. The fee is non-refundable.
- Property Bond – The court can accept property as collateral for bail in some cases.
- Release on Recognizance (ROR) – If the court believes the defendant is not a flight risk or danger, they may release the defendant without bail based on a promise to return for future court dates.
Conditions of Release
When bail is posted, the court may impose additional conditions for release, such as:
- GPS or Alcohol Monitoring Devices
- No-contact orders with alleged victims
- Travel restrictions
Bail and Court Dates
Once bail is posted, the defendant is free to leave jail but is required to return for all scheduled court dates. Failure to appear can lead to forfeiting the bail and additional charges. If you or your attorney successfully resolve your case, the bail will be refunded, minus any fees, as long as all conditions are met.
Motion to Reduce Bail
If the initial bail amount is too high, a skilled attorney can file a motion to reduce bail. In this motion, your attorney can argue that the current bail is excessive and request a lower amount based on factors like community ties, employment, and lack of prior criminal history. A bail reduction can make it more affordable for you or your loved one to post bail and await trial outside of jail.
How We Can Help
At the Law Office of Nichole Dusché, we understand how confusing and stressful the bail process can be. Based in Franklin, we assist clients in Williamson County and surrounding areas to navigate the bail process, ensuring your rights are protected every step of the way. Whether negotiating for lower bail or exploring release options, we’re here to provide experienced legal guidance.