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

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

When considering changing the amount of a bond, the judge must consider several legal factors. Relevant factors that a judge must consider when deciding on a motion to reduce bail in Tennessee can be found in Tennessee Code Annotated Section 40-11-118. The court is ordered to look at 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 defendant; the reputation, character and mental condition of the defendant; previous criminal history of the defendant; the nature of the offense and the apparent likelihood of conviction and probable sentence; and, in general, any other factors related to the risk of escape 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 is 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 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, the bail still exceeds $75,000.00 after the hearing on the motion to reduce bail, a source hearing is required before the bail can be made.

After the court’s decision is entered, friends and family can post bail in the new, hopefully reduced amount. If the decision is unfavorable, there is an appeal procedure to the court of criminal appeals. There is also nothing to prevent a defendant from filing multiple motions to reduce bail. In all, to have an opportunity to file a successful bail reduction motion in Tennessee requires the experience of a criminal defense attorney who is familiar with the law and the court that governs the amount of bail. A good criminal defense lawyer is always his best bet.