When an individual is charged with a felony in Tennessee, securing their release before trial can be a complex process. This is where felony bail bonds come into play. These bonds are designed to ensure that the accused will appear for court proceedings while allowing them to remain free during the legal process. Felony charges carry severe consequences, making bail bonds in such cases more intricate and costly than those associated with misdemeanors. Here's a detailed guide to understanding felony bail bonds Tennessee.
What Is a Felony Bail Bond?
A bail bond is a financial guarantee that a defendant will appear in court as required after being released from custody. For felony charges, the bail amount tends to be much higher than for lesser offenses due to the seriousness of the crime. A felony in Tennessee can range from non-violent crimes like fraud to violent offenses such as aggravated assault or homicide. The bail amount is typically set during the defendant's first court appearance, known as an arraignment.
How Does Bail Work in Tennessee?
The amount of bail for a felony charge in Tennessee varies depending on several factors, including:
Severity of the crime: More serious felony charges, such as first-degree murder, may come with exceptionally high bail amounts, or the judge may deny bail altogether.
Defendant’s criminal history: A defendant with a prior record may face a higher bail amount or more restrictive release conditions.
Flight risk: If the judge believes the defendant is likely to flee, they might set a higher bail or impose conditions like house arrest or electronic monitoring.
Community ties: Individuals with strong connections to the community, such as a job, family, or property, are generally considered less of a flight risk, which may lower their bail.
Once bail is set, the defendant or their family can either pay the entire bail amount to the court in cash or seek the help of a bail bondsman.
Felony Bail Bonds Process
In Tennessee, if a defendant cannot afford to pay the full bail amount, they may turn to a licensed bail bondsman. The bondsman typically charges a non-refundable fee, usually 10-15% of the total bail amount. For instance, if the bail is set at $100,000, the defendant would need to pay the bail bondsman $10,000 to $15,000. The bondsman then posts the full bail amount to secure the defendant’s release.
In exchange for posting the bond, the bondsman assumes financial responsibility for the full bail amount if the defendant fails to appear in court. As such, the bondsman may require collateral, such as property or valuables, to mitigate their risk.
Conditions of Felony Bail Bonds
When a defendant is released on bail, there are often conditions they must follow. These conditions may include:
No contact orders: In cases involving violence or threats, the defendant may be prohibited from contacting the alleged victim.
Curfew: A defendant may be required to stay at home during certain hours.
Electronic monitoring: Some defendants may be placed under electronic surveillance.
Regular check-ins: Defendants might have to check in with a probation officer or the bail bondsman.
Failure to adhere to these conditions could result in bail being revoked and the defendant being returned to custody.
What Happens If the Defendant Fails to Appear?
If the defendant fails to appear for their court date, the court will issue a bench warrant for their arrest, and the bail will be forfeited. In the case of a bail bond, the bondsman is responsible for paying the full bail amount to the court. This is why many bondsmen will hire bounty hunters or recovery agents to locate and return the defendant to custody.
In Tennessee, the defendant’s failure to appear not only results in bail forfeiture but may also lead to additional criminal charges, further complicating their legal situation.
Key Considerations for Felony Bail Bonds in Tennessee
Bail bond fees are non-refundable: The fee paid to a bail bondsman is non-refundable, regardless of whether the defendant is acquitted or convicted.
Bail amounts vary widely: The seriousness of the charge, past criminal history, and risk factors will influence how high the bail is set. Tennessee judges have discretion to determine bail amounts based on the specifics of each case.
Collateral may be required: Due to the high risk involved in felony cases, bondsmen may ask for collateral in addition to the premium fee. This could include property, vehicles, or other assets.
Bail can be denied: For extremely serious felonies, especially those involving capital crimes or situations where the defendant is deemed too dangerous or likely to flee, bail may be denied altogether.
Navigating felony bail bonds in Tennessee can be a daunting task, especially for individuals unfamiliar with the legal system. These bonds serve as a crucial tool in ensuring defendants can continue their lives while awaiting trial, though they come with substantial financial and legal considerations. It’s important for anyone facing felony charges or their families to understand how the bail process works, the costs involved, and the potential consequences of violating bail conditions. Consulting with a reputable bail bondsman and a legal professional is always advisable to navigate the complexities of felony bail bonds in Tennessee.