The amount of bail is often determined by a magistrate with major emphasis placed upon the nature of the alleged crime, while having been provided limited background information about the accused. Many times the bond set is based upon the recommendation of the prosecutor, without any input from the defense attorney. As such, the bond initially set can be excessively high.
Tennessee law (Tennessee code Ann. 40-11-118) requires that the bond be set no higher than necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public.
The magistrate must consider the following:
The information that will assist in obtaining a bail reduction is generally unknown to the magistrate when the bail bond is initially set. Many times the bond can be significantly reduced, saving the defendant and his family thousands of dollars in bail bond costs. In addition, certain offenders may be eligible to be released on their own recognizance (ROR) without incurring the cost of a bond at all.
Tennessee law (Tennessee code Ann. 40-11-118) requires that the bond be set no higher than necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public.
The magistrate must consider the following:
- The defendant's length of residence in the community;
- The defendant's employment status and financial condition;
- The defendant's family ties and relationships;
- The defendant's reputation, character, and mental condition;
- The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings;
- The nature of the offense and apparent probability of conviction and the likely sentence;
- The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community.
- The identity of the responsible members of the community who will also vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding;
- Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear.
The information that will assist in obtaining a bail reduction is generally unknown to the magistrate when the bail bond is initially set. Many times the bond can be significantly reduced, saving the defendant and his family thousands of dollars in bail bond costs. In addition, certain offenders may be eligible to be released on their own recognizance (ROR) without incurring the cost of a bond at all.