After a person has been arrested and is taken into police custody, he or she is booked at the jail. Once criminal charges are filed, a court appearance then occurs. Once the accused enters a plea to the crime for which he or she is being accused of committing, a judge will then set bail, deny bail, or release the accused on personal recognizance.

Tennessee Code Annotated 40-11-104 and the statutes that follow provide the rights of a defendant in relation to bail. Bail may be made in a variety of forms.  The most common forms include a cash deposit or a surety bond payable to the court clerk.  Another type is a real property (land) lien signed to the court clerk.  Sometimes the court will accept a signature bond or allow the defendant to be released on his or her own recognizance (a promise to appear).  Each of these methods is intended to ensure that a person accused of a crime will appear in court when he or she is required to do so.

If the defendant appears for all scheduled court dates, the bail money will be returned, sometimes less a small administrative fee.  If the defendant does not appear for his or her scheduled court date, the court may keep the full bail amount and issue a warrant for the defendant’s arrest.

Because the defendant is incarcerated at the time bail is set, family or friends often must arrange for the bail to be posted.  Although an attorney may already be hired and involved in the case when bail is set, an attorney is prohibited from being financially involved in a client’s bail, such as by paying a bondsman, signing a bond, or becoming a surety.

How is Bail Determined?

A judge will typically set the bail amount.  However, some jails have standard bail schedules for common types of crimes in order to release people from jail faster.  Generally, an incarcerated defendant is entitled to have his or her bail set “without unnecessary delay.”

The U.S. Constitution’s Eighth Amendment and Tennessee’s Constitution, Article 1, Section 16 prohibit excessive bail.  Bail is not intended to raise money for the government, nor is it meant to punish the defendant for his or her alleged crimes.  Bail is primarily intended to allow the accused to remain free until convicted, and it should cost no more than is reasonably necessary to keep a suspect in the jurisdiction until the case is complete.  Another purpose of bail, however, is to protect other citizens (society) from the defendant.  In these cases, the amount of bail may be set very high and in some cases, not at all.

Conditions of Bail

When people are bailed out of jail, they are often subject to conditions of release.  This means that they must adhere to certain conditions set forth by a judge.  If they fail to comply with these conditions, bail may be revoked and the offender will be returned to jail.  Some conditions, such as the condition that the defendant must obey all laws, are general and apply to all cases.

Other conditions may reflect the crime for which the suspect was arrested.  For example, a person arrested on a second DUI may be required to prove he or she is not drinking by using an alcohol-monitoring device.

If you or a loved one has been arrested, it is imperative to obtain competent, experienced criminal defense representation immediately in order to ensure your rights are being protected. Contact Attorney Donna Wagner to schedule a consultation.

Real-life results

See what happy clients are saying about me.

“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.

From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.

Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.

Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.

This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.

Kate Wade

Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!

Nunya Buzness

Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!

Katrina Davis

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.

Diana M.
Mt Juliet Law Firm
Mt. Juliet Attorney

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