The Booking and Bail Process- If you've been placed in jail in Davidson County (Nashville) you'll go through the booking process, which involves taking fingerprints, getting mugshots, and setting bail. 

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Most defendants will use their phone call to get in touch with a bond agency, friend or family member.

 

Either defendant or friend or family member should contact Bail & Rescue to start the process of getting you out of jail quickly. 

  

One of our licensed bail agents will contact your co-signer and explain the process, get the necessary paperwork signed, and post bail on your behalf, this will allow you to get on with your life and prepare for the court date. 

1. Cash Bail - A cash bond requires posting the full face value of the bail amount to secure the defendant’s release from custody.

 

Because the court retains the cash for the duration of legal proceedings, this type of bond can be very difficult for most defendants to secure. 

  

2. Surety Bond/A Bail Bond through a bail bondsman - This is most common because it does not require the defendant to put up large amounts of cash, which will be unavailable for the duration of the legal proceedings. 

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3. Property Bond - Defendants or family and friends who own real estate within the state of Tennessee may secure a bail bond using their real property, provided that the property is worth at least 1.5 times the amount of bail. 

  

For a property bond, the defendant must execute a deed of trust conveying the real estate in trust to the clerk, which the clerk will promptly record in the office of the register where the property is located. 

  

4. Personal Recognizance. In some cases, a defendant may be released before trial based on what is called “personal recognizance” or upon the execution of an unsecured appearance bond. In these cases, no property or cash is required for the defendant’s release. 

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After the booking process, one of the following usually happens next: 

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• The defendant might be released with no charges filed against him/her.

• The defendant might be released on his own recognizance, although he still must make all required court appearances.

• The defendant is released on bail bond.

• If Bail is denied, the defendant must stay in jail until his/her court date. 

We have a reasonable 10% fee for jail bonds this allows you to get back to your life as soon as possible, once you have met the obligations of your bail bond.

 

Please note: If you live outside of the state or do not have a valid TN (ID/Driver's license) the premium is 15%. 

​Bail is an amount of money that is set by the clerks office or judge, and acts as insurance between the court and person in jail, (the defendant).

 

Defendants have the choice of paying their bail in cash, if they are not able to do so most defendants seek help from a bail agent, or bail bondsman, who will post a bail bond on their behalf.

A bail bond is an insurance policy offered to a defendant which bail is established by the court or criminal clerks office to be fulfilled.

 

A bail bond agency can provide the security and assurance that the defendant will show up in court at the appointed time.

 

The state of Tennessee does govern its bail bonds system.

Under the Tennessee law, Code 40-11-105 bail must be available before trial to all criminal defendants except those charged with capital offenses “where the proof is evident or the presumption great. 

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Your appointed judge will determine your bail at the bail hearing. 

  

Generally, bail may not exceed certain statutory maximums, unless the judge determines that you are at risk for not showing up to court. These maximums are as follows: 

  

• $1,000 – Misdemeanor 

• $1,000 – Felony that does not involve a crime committed against a person 

• $50,000 – Felony that involves a crime against a person 

• $100,000 – Homicide                                                                                                                                                 

If you are considered a risk of flight, the judge has the authority to set bail higher than the stated maximum for your charge.                                                 

  

                                       

Sometimes bail is set at a high amount, and most defendants are financially unable to post bail by themselves, so the main purpose of a bond is to provide a financial reason for defendants to make court dates in the future after being released from jail.

 

When a defendant cannot secure a bond, most usually remain in jail from the moment of the arrest up until the end of the criminal trial.

 

The defendants who post a bond are released from jail, but must return to court when the trial starts. In order to do this, special agencies such as bondsmen, or agent are needed. 

If a friend or family member posts a bond for a defendant, then this person is called a co-signer.

 

A co-signer becomes responsible for making sure the defendant shows up at every court date on time.

 

Co-signers are also responsible for ensuring defendants follow all the rules given during release.

 

If the defendant decides to flee or break the law, then the co-signer becomes financially responsible for the bond.

 

Meaning- The individual paying the bail bond (co-signer) signs a contract agreeing to pay the full amount of the bond should the defendant fail to appear in court when summoned.

Many things can happen if a defendant decides to flee and not show up for a court date. The judge at the trial will issue a bench warrant allowing the defendant to be arrested on sight.

 

The bond agency could send out a bondsman to start tracking down the defendant in order to bring the person back to court.

 

If the defendant does not return within a certain time frame, then the bond is forfeited.

 

This means the money and any collateral is lost.

Bonds can be posted by the defendant or by a friend or family member. Posting a bond usually requires contacting an agency or a specific bondsman.

 

The amount of the bond must then be paid in some way.

The licensed professional bondsman is able to help defendants with the posting of a bond. These professionals are insured and have a standing agreement with the courts.

 

Performing a number of tasks from helping to complete legal paperwork to picking up a defendant from the jail.

 

Bondsmen/ Bail Bond Agents can provide financing or other payment options when family and friends do not have enough money to cover the cost of a bond.

 

The role of the Bondsmen is to  generally handle everything dealing with the bond once hired.

 

These individuals work through larger bail bonds agencies in different jurisdictions.

A defendant can be released from jail very quickly after a bond is paid. Some defendants are released within an hour of paying the bond.

 

It could be longer if the jail is overcrowded or very busy. Defendants sometimes have to follow specific guidelines or restrictions after release.

 

This often includes checking in with the bond agency regularly.