BAIL/BOND: WHAT IS IT AND HOW DOES IT WORK?

The terms bond and bail both refer to the amount of money a court requires from a criminal defendant to secure their release from jail. In many parts of Tennessee, these terms are often used interchangeably. Unless a defendant faces charges for a capital crime, every criminal defendant in Tennessee is allowed to have a bond or bail set in their specific case.

Following are ways bonds can be posted:

• In full to the court clerk (referred to as a “cash bond”);

• Through a bonding company (requiring appx. 10% of the total bond amount, plus a processing fee paid to the bondsman); or

• Posting a property bond.

In Tennessee, bonds are used as a guarantee that a criminal defendant will appear in court for their scheduled court appearance(s). At the conclusion of the criminal case, the bond can be refunded if the defendant has complied with the bond conditions and attended all required court dates. Failing to appear for court dates can result in the bond money not being returned to the person who posted it for the defendant. If a bonding company is used to post the bond, the 10% fee and processing fee charges are non-refundable.