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Home > Posting Bail in Memphis, Tenn.,: 4 Things to Know

Posting Bail in Memphis, Tenn.,: 4 Things to Know

Whether a defendant is released on personal recognizance or posts a cash, property or surety bond, one condition of release is not to break any Tennessee laws. A defendant who is arrested for a crime while out on bail faces mandatory enhanced sentencing. Under state law, a defendant in that situation must be sentenced to at least twice the customary sentence for the crime. Judges can set an even stiffer sentence, but do not have the discretion to be more lenient. If you are arrested in Memphis, here are 4 things you should know about posting bail.

Bail process in Memphis. Most defendants arrested in Memphis are taken to Shelby County Jail to be booked and processed. Once that has been completed, a defendant is allowed to make a phone call and begin the jail release process. That call can go directly to a bail bond agent or to a friend or family member for assistance. For most misdemeanors and some less serious felonies, the bail amount can be quickly determined from a county schedule. The process takes longer for more serious crimes, which involve a bond hearing and often require at least an overnight stay in jail.

Types of Bail in Memphis. There are four bail options for defendants in Memphis. They are:

  • Cash bond. This options allows for the fastest release from jail, particularly if the defendant has the resources to pay the full bail amount. Instead of paying a fee to a bail bond agent, the cash bond is paid to the court and nearly all is returned at the end of the case – minus court fees and costs. An adult can act as a co-signer for a defendant and becomes responsible for the entire bail amount and the defendant’s appearance at all court hearings.

  • Release on recognizance. This option is generally only available to defendants with little or no criminal history who have not been arrested for a crime of violence. With an ROR release, the defendant isn’t required to pay any money. In most cases, a judicial commissioner reviews the case and the defendant is released to the supervision of the Pre-Trial Services division and will be required to follow conditions of release or risk being returned to jail.

  • Surety bond. This is the most common type of jail release because many defendants don’t have enough money pay the entire bail amount in cash. Under Tennessee law, a defendant can hire a bail bond agent, who will generally charge a premium of 10 percent. For an out-of-state defendant, the premium can be a maximum of 15 percent of the amount of the bail. This fee is nonrefundable.

  • Property bond. When bail is very expensive, even 10 percent can be a burden for many defendants. In those situations, it’s possible to use a property bond – often tied to a home or piece of real estate – to be released from jail. There are a number of rules and a significant amount of paperwork. The property must be located within Shelby County and the value of the property must be at least 150 percent of the amount of bail.


How bail is set. For virtually all misdemeanors and some felony arrests, bail can be determined almost immediately with the help of a Shelby County bail schedule. While court officials have the discretion to deviate from the schedule, that usually does not happen for more routine offenses. When a more serious felony is involved, the process to determine bail takes longer and requires a bond hearing. The judge will consider a number of factors to decide if the defendant is likely to show up for court hearings and does not pose a threat to anyone in the community.

Bond costs and options. As long as a defendant is a resident of Tennessee, the cost for a surety bond is 10 percent of the total amount of bail, in addition to a $37 state fee. There is no fee to post a cash bond, although some court fees and costs will be deducted from the bail amount.  defendants posting bail must also pay a $37 state fee.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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