For most people, bail and bond only become relevant after an arrest. After that, those words suddenly carry real weight because they can determine how quickly someone can return home. In Tennessee, knowing the difference between the two can help in making quicker and more informed decisions.
What is bail?
Bail is the amount a court sets for a defendant’s release, paid to guarantee future court appearances. Courts determine this amount based on factors like the severity of the charge, the defendant’s criminal history and their flight risk. If the defendant attends all scheduled hearings and complies with the release conditions, the funds are typically returned at the conclusion of the case, minus any court-ordered fines, fees and other applicable costs.
What is a bail bond?
A bail bond is a third-party arrangement, usually through a licensed bail bondsman or surety company, that helps secure a defendant’s release when paying the full bail amount upfront is not financially possible.
In Tennessee, professional bondsmen must charge state residents a flat fee of 10% of the total bond. For non-residents, the premium may range from 10% to 15%. Bondsmen may also charge a one-time initiation fee of up to $25 and a $12 state bail tax.
What types of releases are available in Tennessee?
The courts recognize several forms of release, each carrying distinct financial and legal conditions:
- Cash bond: A defendant seeking release may have a family member submit the complete bail amount to the court.
- Property bond: Real estate can be used as collateral if it has unencumbered equity worth at least 1.5 times the bail amount, and the owner executes a deed of trust to the court clerk.
- Surety bond: A licensed bail bondsman acts as a guarantor to the court to pay the total financial obligation if the defendant fails to appear. The defendant pays the premium fee, which is non-refundable. Typically, this is 10% of the bond amount for residents or up to 15% for non-residents.
- Release on own recognizance (ROR): A judge grants release based solely on the defendant’s written promise to appear, with no monetary requirement.
If a defendant released on a surety bond fails to appear in court, the bonding company may pursue legal remedies and actively work to locate them to recover its losses.
Why is this knowledge important?
A criminal charge can touch every aspect of a person’s life. For families confronting this situation, understanding the distinction between bail and bond removes one layer of confusion. This knowledge helps defendants and their loved ones ask the right questions and make informed decisions when mounting a strong defense against the allegations.