Efficiently getting a bond decreased in Tennessee requires a radical understanding of the elements the courts have a look at when setting a defendant’s bond (additionally known as “bail”).
A movement for a felony bond discount may be filed any time earlier than trial. In lots of jurisdictions, bond is initially set by a commissioner. The preliminary quantity of a felony bond can later be lowered by the decide to whom the case is assigned. Bond discount motions may be filed in felony court docket (additionally known as “circuit court docket”), in addition to generally periods. As soon as a bond movement is filed, it’s then set for a listening to by the clerk of the court docket.
When contemplating altering the quantity of a bond, the decide should have a look at a number of statutory elements. The related elements for a decide to contemplate when deciding on a bond discount movement in Tennessee may be present in Tennessee Code Annotated Part 40-11-118. The court docket is commanded to have a look at the next elements to find out whether or not a discount in bond is correct: the defendant’s size of residence in the neighborhood; the defendant’s employment standing and historical past and monetary situation; the defendant’s household ties and relationships; the defendant’s popularity, character and psychological situation; the defendant’s prior felony file; the character of the offense and the obvious chance of conviction and the possible sentence; and, usually some other elements associated to the danger of flight and hazard to the group.
At a bond discount listening to, the protection will typically ask relations, ministers and buddies to testify and be bodily current to indicate that the defendant is sufficiently tied to the group and never a flight threat. Along with protection witnesses, the prosecution is allowed to subpoena alleged victims or cops to indicate the chance of the defendant’s conviction. After all of the testimony is concluded, the decide should then resolve whether or not to change the defendant’s bond. Weighing all of the elements, the decide can both depart it the identical, scale back it, or in particularly uncommon instances, truly enhance it. Relying on the decide, some statutory elements may be extra necessary than others. Nonetheless, if after the court docket’s bond determination, the bond nonetheless exceeds $75,000.00 after the listening to on the movement to cut back bond, a supply listening to is required earlier than bail may be made.
After the court docket’s determination is entered, family and friends members can then put up bond on the new, hopefully decreased quantity. If the choice is unfavorable, there’s a process to enchantment to the court docket of felony appeals. There’s additionally nothing to cease a defendant from submitting a number of motions to cut back bond. In all, to have an opportunity at submitting a profitable bond discount movement in Tennessee, a felony protection legal professional’s experience is required who’s acquainted with the regulation and the court docket that holds sway over the bond quantity. A superb felony protection legal professional is all the time your greatest wager.