. This being said, lets take a look at some of the most common crimes and their average bail amounts. staff includes professional lawyers, bail bondsmen, and lending experts who understand local As an example, a $5,000 bail will require at a minimum $500 from the defendant or defendant's family member or friend paying the fee on his or her behalf. The sexual battery carries a felony charge and is typically attached to a $25,000 bail bond. Browder languished in jail for three years awaiting trial, spending much of the time in solitary confinement. After bail has been determined, in front of a judge the defendants attorney may seek to reduce the bail amount, or the counsel for the state may seek to increase the bail amount. Following the Republican-controlled Senate's approval of the measure earlier this week, the GOP-dominated Assembly on Thursday passed the resolution. Fred Shanks is a licensed bail bondsman and the owner of Apex Bail Bonds. To better understand how bail bonds work in Tennessee, it is important to first know the process of bail bonds, how they apply to defendants who are charged and the deposit system along with other fees that may apply. Local courts in Tennessee usually set bail within 72 hours from the time a defendant is charged with a crime. determined, find additional bail prices for crimes, This is why advocating for fair and effective alternatives to pretrial detention is an important part of the ACLU of Tennessees Campaign for Smart Justice. LawServer is for purposes of information only and is no substitute for legal advice. Under Shelby Countys current pretrial system, a person can be held for weeks or longer without a bail hearing with counsel, and ability to pay is not considered when bail is set, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk, while those who face the same charges but can afford to pay money bail are freed until trial. set fairly, which is an area where a lawyer can assist. ", "I can not begin to express how thankful Chris and I are for all of the hard work and dedication put into my husband's lawsuit. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code. Shelby County, TN. 8078 0 obj <>stream Shelby County, TN. We offer our services to the accused in Sevierville, Gatlinburg, Seymour, Pigeon Forge, and other surrounding Tennessee localities. These include: If a defendant who has been granted bail fails to show up for his or her court date, the bail bondsman can acquire the services of a bounty hunter to track down the defendant. Tennessee passed a bail law in 1978 in part to free up space in overcrowded jails and standardize bail practices. Note that Tennessee law sets the bail premium at 10 percent and the Department of Insurance is in charge of regulating bail bond companies in the state. Bail Cost. 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. Get free summaries of new opinions delivered to your inbox! Rocky McElhaney Law Firm is a Nashville personal injury and auto accident l. Vandalism is an offense that may not be as severe as other property crimes. If the person being kidnapped is a child, and is in a state with a higher average income, the bail can be set as high as $500,000. 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 40-11-118. You already receive all suggested Justia Opinion Summary Newsletters. enough time for a person to lose their job. Having a job and an active income stream is the Kalief Browders Tragic Death and the Criminal Injustice of Our Bail System,by Udi Ofer, Deputy National Political Director and Director of Campaign for Smart Justice, ACLU (March 15, 2017), Were Living in a Surveillance Society, So Why Do We Need Bail?, by Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy, and Technology Project & Andrea Woods, Equal Justice Works Fellowship Attorney, Criminal Law Reform Project (April 25, 2017), Behind Many Mom and Pop Bail Bonds Shops Is a Huge Insurance Corporation Out to Profit From Misery, by Margaret Dooley-Sammuli, Criminal Justice and Drug Policy Director, ACLU of California (May 11, 2017), Poverty Is Not a Crime, so Why Are People Being Trapped in Immigration Detention for Being Poor?, by Katie Egan, Washington Legislative Office & Joanne Lin, Senior Legislative Counsel, ACLU (September 21, 2016), Suffocating effect of pretrial detention, bail costs in Shelby County | Opinion, by Jerome Davis and Jack Seigenthaler, TheCommercial Appeal, (March 2022), Illinois Becomes 1st State to Eliminate Cash Bail, NPR (February 22, 2021), Has bail reform in America finally reached a tipping point?, The Christian Science Monitor, (April 2017), Bail-Bond System Exploits the Poor and Undermines Justice, ACLU Says, NBC News, (May 2017), Conservatives Have a Stake in Bail Reform, The National Review, (July 2017), Davidson County must reform unconstitutional bail practices, by Hedy Weinberg and Alec Karakatsanis, The Tennessean, (July 2017). (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Bail bondsmen will fall under surety, or bail bonds, where they will bail you out for a 10% fee. hb```ubeayHE A|dpP House Bill 830 would allow only a criminal or circuit court judge to set bail in cases involving an individual charged with a Class A . ACLU-TN and Civil Rights Corps File Friend of the Court Brief Supporting Bail Reform (June 5 , 2017), Civil Rights Groups Urge Court to Uphold Decision that Struck Down Unconstitutional Money Bail System in Harris County, Texas: Ruling Could Reform Bail Practices Across the Country (August 10, 2017), Nashville Community Bail Fund V. Gentry (September 14, 2021), State of Tennessee v. Weatherspoon Amicus Brief (July 25, 2017). If the defendant is unable to obtain the necessary money to cover the bail bond, a cosigner may be used if the cosigner can come up with the required amount. 0 Published: Feb. 1, 2023 at 12:25 PM PST. We cover critical information dealing with how bail works and what Median home values are useful to Property bonds are a good way of making bail if an individual has equity in their property but However, vandalism penalties generally depend on the amount of property damage. 2014 - Present ACLU TN | All Rights Reserved |, ACLU-TN and the ACLU Foundation of Tennessee. The average bail should be looked at as more of a recommendation by the court. (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, You're all set! To be released from jail, a few steps must occur, including being booked and posting bail. | Last updated July 27, 2018. The chart below provides a brief synopsis of Tennessee's vandalism laws. Alternatively, defendants can pay a bail bondsman up to 10% of the bail amount, a one-time $25 initiation fee, and a $12 tax. We dedicate ourselves to providing information that is accurate and expertly written in order to Ohio Could Save Big By Implementing Bail Reform: A Fiscal Impact Analysis (ACLU of Ohio, September 2020). I could not praise them enough for being there for me. You're all set! be lowered, low-income substantially depending on your age, details involving the charge, criminal history, and prior Most importantly, putting bail out of reach for thousands of low-income people violates our fundamental principle of innocent until proven guilty. The bail amount for assaulting a peace officer (e.g. Much of this information can be useful for bail bondsmen who are Tennessee Bail Bonds Charges & Fees In Tennessee, the bail bond agency or bondsmen charges a non-refundable fee of 10% of the total amount of the bail itself. Get free summaries of new opinions delivered to your inbox! Using the service of a bail bondsman typically requires collateral and someone to co-sign on the bail bond. If you need free or low-income %%EOF When the bail bond amount is decided, you can pay the full amount or a bail bonds agent can post the bail bond at the local jail. Sign up for our free summaries and get the latest delivered directly to you. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Now the release process begins and typically takes anywhere from 1 to 2 hours to complete. One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide. Civil Rights Groups Demand Shelby County End Discriminatory, Wealth-Based Bail Practices Disclaimer: These codes may not be the most recent version. Two Steps Forward, One Step Back: A Cautionary Tale About Bail Reform in Georgia, by Andrea Woods, Staff Attorney, Criminal Law Reform Project (September 24, 2020, ACLU). On any given night in the United States, nearly 450,000 people who are legally presumed innocent sit in jail only because they cannot afford to pay a monetary bail amount. yVLSfXcj^{g)~R>QWw^6, sG%;\_p13 Q\=AGWN,~G? endstream endobj 8035 0 obj <. All rights reserved. Corporate Bail Bond: This is issued by the bail bonds Tennessee agency as purchased by the defendant. [C _2p iF`2 ` \ The various types of bail bonds available in Tennessee include cash bail bonds, property bonds, appeal bonds, corporate bail bonds, and federal bonds. There is no specific law that governs the amount that a bail bonds agency can charge in Tennessee, but 10% is the norm for most. Its generally a good idea to get in touch with a lawyer to seek assistance for the trial, fair county jail they are located in. Tennessee has a firm 10% bail bond fee that is charged for all bail bonds in the state (T.N.C 40-11-316). You may receive a higher or lower bail amount based on your criminal history and individual circumstances. Defendants who are granted bail in the state of Tennessee must fulfill a number of requirements. 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. The court will also charge $37 in administrative costs so keep that in mind when thinking of the total out-of-pocket cost. You already receive all suggested Justia Opinion Summary Newsletters. The seriousness and nature of the crimes alleged, in addition to the probability of conviction and sentencing, The reputation, character, and mental state of the defendant, The safety risk the defendant poses to other members of the community, The defendants past criminal record, flight risk, and history of appearing or failing to appear for court, The defendants family relationships, residency, ties within the community, and other relationships, The defendants current financial status, employment status, and history of employment, Trusted members of the community who are willing to testify to the defendants dependability, Additional information about the defendants character, possible forfeiture of bail/bond requirements, or flight risk. 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. The more serious and dangerous the crime, the higher the amount of bail is likely to be. of this Section. Copyright 2023, Thomson Reuters. You can explore additional available newsletters here. database. You will need personal property or land/home value that's equal or greater than the bail amount. One hundred thousand dollars ($100,000) if the defendant is charged with some form of homicide. 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.