How does bail work in Tennessee?

1. Constitutional Framework

Tenn. Const. art. I, § 15 grants bail right except capital offenses. § 40-11-102 codifies the right.

2. Cash, Surety, Property, OR Bonds

Section 40-11-117 lists release options: ROR, unsecured bond, third-party custody, secured cash, surety, or property bond.

3. Bail Hearing

Tenn. R. Crim. P. 5(a) requires initial appearance "without unnecessary delay" — typically within 72 hours of arrest.

4. Bail Schedules

County magistrates may use bond schedules; some counties have eliminated them.

5. Bail Bond Agent / Bondsman

Licensed under Tenn. Code Ann. § 40-11-301 et seq.; approved by county judges. Premiums typically 10%.

6. Conditions

Section 40-11-116 authorizes electronic monitoring, no-contact, drug testing, and pretrial supervision.

7. Bail Forfeiture

Section 40-11-201 governs forfeiture; surety has 180 days to surrender principal.

8. Bail Reduction

Section 40-11-144 allows reduction on motion; appellate review via interlocutory appeal.

9. Pretrial Release Programs

Some counties operate pretrial services with supervised release.

This is legal information, not legal advice.