In misdemeanors and most minor felonies, the Montgomery County Sheriff usually sets presumptive bail amounts within a few hours. These presumptive amounts are difficult to change. These average bail amounts take the legal factors in determining bail into account. In Tennessee, these factors are based on Title 40 of the Code of Criminal Procedure as well as the Eighth Amendment.
But serious felony cases, such as murder, high-level drug trafficking, or rape, usually have no presumptive amount. Instead, a judge sets bail at the arraignment, which is the first preliminary hearing in a criminal case. The arraignment is also the defendant’s first opportunity to reduce the bail amount and get out of jail pending trial.
Ties to the Community and Bail Amount
Bail is not a pre-sentencing fine. It’s not designed to punish the defendant for being arrested. Instead, bail is designed to guarantee the defendant’s appearance at trial. Given this purpose, ties to the community is one of the most important factors at the arraignment or a subsequent bond reduction hearing.
People with close ties to the community are less likely to flee the jurisdiction to avoid criminal prosecution. Evidence on this point includes:
Emotional Ties: These ties are nearly always with individuals. Friends and co-workers are good, especially if these relationships are longstanding ones. Relatives are even better, and dependents are best. If the defendant supports minor children or a sick parent, the defendant is very unlikely to leave suddenly.
Occupation: The same thing is true if the defendant has a job. Especially if the defendant has seniority and authority at work, the defendant is very unlikely to up and leave without notice.
Roots in the Community: This broad category includes things like membership and activity level in community or religious organizations. Property interests (i.e. does the defendant own or rent) are relevant as well.
Other relevant factors include the amount of evidence against the defendant, the severity of the charges, the defendant’s ability to flee the jurisdiction, and anything else the judge considers relevant.
The Bond Reduction Hearing
Most Robertson and Montgomery County defendants are arraigned within about eighteen or twenty-four hours. So, they may not have counsel at this hearing.
If that’s the case, the bond reduction hearing may be critical to the outcome of your arrest. A Prosecutor might be inclined to want the defendant to stay in jail because it could put the defendant at a potential disadvantage. Incarcerated defendants could be more likely to agree to less-than-favorable plea bargains just to “get it over with” and move on with their lives.
Preparation for a bond reduction hearing usually begins with working with Fizer Bonding Company (bailbonds near me) and your attorney. Fizer Bonding Company can provide your release from jail on bond in Robertson and Montgomery Counties, Tennessee so that you and your attorney are in the best position possible during a bond reduction hearing.
Certainly having close ties with your local community can show that you are probably more likely to carry out any bond requirements and show back up in court on your designated court date. Get started off on the right track and contact Fizer Bonding Company now for a fast, professional and confidential release from jail.
Fizer Bonding Company is a proud member of TAPBA Tennessee Association of Professional Bail Agents If you have additional questions about how bail works, please 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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