Getting bail lowered in Tennessee requires a thorough understanding of the factors courts look at when setting a defendant’s bail (also called “bail”).

A motion for a reduction in criminal bail may be filed at any time prior to trial. In many jurisdictions, bail is initially set by a commissioner. The initial amount of a criminal bail can be lowered later by the judge to whom the case is assigned. Bail reduction motions can be filed in criminal court (also called “circuit court”) as well as in general sessions. Once a bond motion is filed, the court clerk schedules a hearing.

When considering modifying a bail amount, the judge must consider several legal factors. Relevant factors for a judge to consider when deciding on a bond reduction motion in Tennessee can be found in Tennessee Code Annotated Section 40-11-118. The court is ordered to examine the following factors to determine if a bail reduction is appropriate: the defendant’s length of residence in the community; the defendant’s employment status and financial history and condition; the family ties and relationships of the accused; the reputation, character, and mental condition of the accused; prior criminal history of the defendant; the nature of the crime and the apparent probability of conviction and probable sentence; and, in general, any other factors related to the risk of flight and danger to the community.

At a bail reduction hearing, the defense will often ask family members, ministers, and friends to testify and be physically present to show that the defendant is sufficiently connected to the community and not a flight risk. In addition to defense witnesses, the prosecution may subpoena alleged victims or police officers to demonstrate the likelihood that the defendant will be convicted. After all testimony is concluded, the judge must decide whether to modify the defendant’s bail. Weighing all the factors, the judge can leave it the same, reduce it or, in especially rare cases, increase it. According to the judge, some legal factors may be more important than others. However, if after the court’s bail decision, bail is still over $75,000.00 after hearing on the motion to reduce bail, a source hearing is required before bail can be set.

After the court decision is entered, friends and family can post bail in the new amount, hopefully reduced. If the decision is unfavourable, there is a procedure to appeal to the criminal appeals court. There is also nothing to prevent a defendant from filing multiple motions to reduce bail. All in all, to stand a chance of filing a successful bail reduction motion in Tennessee, the experience of a criminal defense attorney who is familiar with the law and the court that dominates the bail amount is required. A good criminal defense attorney is always the best option from him.