Tennessee courts may refer to the Tennessee Constitution and Tennessee code annotated   for bail bond laws to determine bail for lesser misdemeanor crimes by state mandated statutes and by a judge or state commissioner for State or Felony charges.  The first thing to understand when determining bail is whether the crime you or your loved one is charged with is a misdemeanor, state or felony charge.   

In Montgomery and Robertson County, Tennessee misdemeanor bail amounts are generally set by the county commissioners during the booking process. General Sessions Court handles misdemeanors where the defendant has been jailed within the  Montgomery or Robertson county jail. The bail amount is set based on the offense and is typically a more affordable dollar total.  The bail amount is typically written on the citation and cleared once the defendant goes to court or chooses to pay the citation, or bond amount, in full.

For State or Felony charges, the defendant appears before a judge or court commissioner after the booking process is complete and is the one who reviews the pending charges brought against him or her.  Based partly on the seriousness of the offense(s), in addition to other considerations as required by Tennessee law, the commissioner or judge sets the bail amounts by crime committed.

Per Tennessee law, other factors which must be taken into consideration prior to setting bail for State and Felony charges include:

It should be noted that in the Tennessee court system , by law every person arrested on suspicion of committing a criminal act is entitled to be given a bond (to post bail).  Since all defendants are innocent until proven guilty, unless facing the death penalty, is a flight risk, a repeat offender or fugitive, all defendants must be given the opportunity to post bail.  

Once the bail amount has been determined, the defense attorney and/or state counsel may go before the judge in an attempt to either reduce or increase the bail amount.  Even after the bail amount has been determined, the judge reserves the right to revoke bail completely or hold the defendant in custody under an open bond.

An open bond allows for further charges to be brought against the defendant after further investigation, increase the bail amount, or make changes to the bail amount or release conditions.  If further charges are brought against the defendant, it’s possible for the judge to hold the defendant in custody with no possibility to post bail.

The higher the bond amount, the more difficult it may be for the defendant to post the bail amount for temporary release.  In the case of a high bail amount, the defendant must attend a hearing to validate and secure the funding of the bail amount.

It may be necessary for the defendant to work with a bail bondsman to post bail.  In Tennessee, the defendant must pay a bail bondsman at least 10% of the total bail amount up-front, which is non-refundable.  If the bail bondsman agrees to assume the i risk of the additional bail amount, there is still the possibility of additional charges, which would increase the bail amount.

When posting bail, defendants in Tennessee must also be prepared to pay a state fee of +/-$37, in addition to legal fees and court costs.  If you have additional questions about how bail works, see our web pages on Bail Process.  

How do Tennessee courts determine bail?  Either by a pre-determined fee schedule for less serious offenses, or by a judge reviewing the individual case, its circumstances, and the other factors (flight risk, character, etc.) per Tennessee law.

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