Bail is an amount of money or property deposited by an accused person with the Court, in order to be released from custody. If you are arrested and charged with a crime, you may be required to post bail before the police will let you go. The bail is a kind of insurance to guarantee that you'll appear in Court for your trial. If you are accused in a criminal case, or if you are accused of violating a Court order, and you do not appear in Court when ordered to, your bail money is forfeited--that is, it now belongs to the Court. Bail may be posted in cash or in property, by the accused or by someone on his behalf.

Every crime in Tennessee is a bailable offense, except capital crimes--that is, crimes for which the death penalty may be asked.

The amount of bail you'll have to pay is set by the Court. Sometimes the arresting agency -the police themselves or a court clerk sets bail for the crime, based on a printed list supplied by the Court.

If a judge sets your bail the amount of bail you'll have to deposit if you are arrested is based on several different considerations. It has to be enough to make certain you will appear in Court rather than lose a large sum of money. The seriousness of your crime is also a factor in determining the amount of bail, and so is your employment history and position in the community. Also considered are your length of time in the community, your past record, and whether or not you have hired an attorney to represent you. If you do hire an attorney, it is usually a good indication that you will appear in Court to defend yourself against the charges brought against you.

There are three ways to make a bond. The most often used way is to use the services of a bail bonding company. You will see the name and phone number of several bail bonding companies at the jail. The service they render is to act as a surety. If you pay them a set fee, generally about ten percent of the bond, you get out of jail, and then the bonding company serves as a surety, to insure to the Court that you will appear when you are supposed to. The disadvantage to this means of posting your bail, is that the fee you pay to the bail bonding company is not returned. It works in much the same way as an insurance premium.

The most economical way to get out of jail is to post the full amount of the bond in cash. The Court will then hold the cash until the case is concluded. Then, you get all of your cash back.

A third way which often makes sense when the bond is high, is to post a property bond. It is a complicated procedure, and requires the services of a lawyer, but the bottom line is that you would put up your real property, or someone elses, to guarantee that you would appear in Court as you are supposed to.

Sometimes an accused person will be released on his own recognizance. This means being released without any bail being put up, promising to appear in Court at the appointed time. The same considerations are made as with setting bail--that is, one's standing in the community, employment record, past history of arrests, etc. A release like this places you on your honor to appear in Court for your trial, and if you fail to appear, you'll be charged with failure to appear--a completely separate offense.

Bailbondsmen usually have offices near the police station or the courthouse or the jail. You can make arrangements for bail through any friend or relative who is willing to contact the bondsman for you.

If you are arrested, it is wise to consult your attorney first, before making bail arrangements. An attorney may be able to get you released on your own recognizance, and save you the money for the bail.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.