Understanding Bail and Pretrial Release
In Tennessee, bail is the process by which a person charged with a crime may be released
from custody before trial by providing security to ensure their appearance in court. The
right to bail is generally guaranteed by the Tennessee Constitution, except in certain
serious cases such as capital offenses where the proof is evident or the presumption is
great (Tenn. Const. art. I, § 15; Tenn. Code Ann. § 40-11-102).
Setting Bail: Factors a Judge Considers
When determining the amount and conditions of bail, Tennessee judges must consider
several statutory factors outlined in Tenn. Code Ann. § 40-11-118:
- 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 prior criminal record
- The nature and circumstances of the offense charged
- The defendant’s history of appearing for court
- The risk of flight or danger to the community
Judges may also consider the weight of the evidence, the likelihood of conviction, and any
other relevant information.
Setting Bail: Factors a Judge Considers
Tennessee law allows for several methods of securing pretrial release (Tenn. Code Ann. §
40-11-104):
- Release on Recognizance (ROR): The defendant is released based solely on a written promise to appear.
- Unsecured Bond: The defendant promises to pay a set amount if they fail to appear, but no money is required up front.
- Secured Bond: The defendant or a surety (such as a professional bondsman) posts cash, property, or a surety bond.
- Conditional Release: The court may impose additional conditions to ensure appearance and public safety.
Conditions of Bond
Judges may impose conditions on a defendant’s release to ensure compliance and protect the community. Common conditions, as authorized by Tenn. Code Ann. § 40-11-116, include:
- No contact with alleged victims or witnesses
- Travel restrictions or surrender of passport
- Regular check-ins with pretrial services
- Abstaining from drugs or alcohol
- Electronic monitoring
Violating any condition of bond can result in revocation of release and forfeiture of the bond amount (Tenn. Code Ann. § 40-11-132).
Pretrial Release and Supervision
Some defendants may be eligible for supervised pretrial release programs instead of or in addition to posting bond. These programs, authorized by Tenn. Code Ann. § 40-11-142, may include:
- Regular reporting to a pretrial services officer
- Drug testing
- Participation in counseling or treatment
Supervised release is often used for low-risk defendants or those who cannot afford monetary bail.
Forfeiture and Exoneration of Bond
If a defendant fails to appear in court, the court may declare the bond forfeited and initiate proceedings against the defendant and any sureties (Tenn. Code Ann. § 40-11-139). The surety may be exonerated by surrendering the defendant before forfeiture or by showing good cause for the defendant’s absence (Tenn. Code Ann. § 40-11-132, § 40-11-138, § 40-11-202).
Professional Bondsmen and Disqualifications
Only approved professional bondsmen or surety companies may post surety bonds in Tennessee. Certain individuals, such as jailers, attorneys, police officers, and convicted felons, are disqualified from acting as bondsmen (Tenn. Code Ann. § 40-11-128).
Recent and Proposed Changes
Tennessee lawmakers periodically consider bail reform, including proposals to allow judges broader discretion to deny bail in certain cases or to require courts to publish lists of approved bondsmen (see SB1245, 2025).
Contact MJ Law for Help with Bail and Pretrial Release
If you or a loved one is facing criminal charges and needs assistance with bail or pretrial release in Tennessee, contact MJ Law. Our attorneys can advocate for reasonable bond terms and guide you through every step of the process.