The wheels of justice can be inclined to turn slowly in Montgomery County. The time between arrest and trial may be a year or more in many criminal cases. Sometimes, this delay can be an advantage for the defendant. The more time that passes, the harder it can be for prosecutors to assemble enough evidence to establish guilt beyond a reasonable doubt.
But a year or more is obviously a very long time to sit in jail awaiting trial. So, bail or bond is usually a much better and most chosen option. The amount of bail, at least initially, usually depends on the severity of the offense. In a few cases, own recognizance (OR) release may be available. In OR release situations, the defendant basically promises to appear in court later. It’s like signing a traffic ticket. Based on the factors set forth below, the county pretrial release agency deems the defendant to be trustworthy enough that cash or surety is unnecessary.
OR – Own Recognizance Release Factors
The factors listed in Section 40-11-115 https://law.justia.com/codes/tennessee/2010/title-40/chapter-11/part-1/40-11-115/ of the Code of Criminal Procedure are very much like the factors in determining the amount of bail. The difference is that, in the OR release context, all these factors must be green lights. There can be no red or yellow lights at all. Some prominent factors include:
- Connection to the Community: Defendants who have jobs, families, and property in the area are less likely to flee the jurisdiction than people who have none of these things.
- Defendant’s Moral Character: This factor sinks many OR applications. The mere fact that a defendant is charged with a crime lessens the defendant’s moral character, regardless of guilt or innocence.
- Prior Criminal Record: Generally, to qualify for OR release, the defendant’s criminal record must be spotless. Unsecured release is almost always a one-time-only prospect.
- Nature of Offense: Somewhat similarly, OR release is generally only available for nonviolent offenses that pose no risk to the community. That limited list includes things like misdemeanor theft, small marijuana possession cases, and a few others.
If all these lights are not green, you’ll almost certainly need to contact Fizer Bonding Company (bail bonds near me) in Montgomery and Robertson County 24/7 every day of the year.
Bail Conditions in Robertson County
OR conditions and bail conditions are basically the same. Generally, the defendant must report to an agent at least once a month and stay out of trouble. Most bail bonds and OR release agreements also contain offense-specific conditions. For example, defendants charged with DUI must often install ignition interlock devices in their vehicles.
Tennessee lawmakers recently expanded the bond forfeiture laws, so it’s easier to revoke bond now than it was a few years ago. It’s important to be in contact with your Fizer Bonding Company bondsman and proactive about any issues you have that may affect your ability to fulfill your bonding agreements. Sometimes in these cases, your bail bondsman can make special accommodations to help make sure you have the resources you need to comply with bail conditions. Fizer Bonding Company is a family owned and operated bail bond company with over 30 years professional bonding experience and members of TAPBA Tennessee Association of Professional Bail Agents www.tapba.org. If you have additional questions about how bail works, see our web page on Bail Process.
“We’ll get your tail outta jail!”
Fizer Bonding Company in Montgomery County Tennessee
Fizer Bonding Company in Robertson County Tennessee
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