| Successfully getting a bond reduced in Tennessee | | | | At a bond reduction hearing, the defense will |
| requires a thorough understanding of the factors | | | | often ask family members, ministers and friends |
| the courts look at when setting a defendant's | | | | to testify and be physically present to show that |
| bond (also called "bail"). | | | | the defendant is sufficiently tied to the |
| A defendant's bond can be reduced at any time | | | | community and not a flight risk. In addition to |
| prior to trial. In many jurisdictions, bond is initially | | | | defense witnesses, the prosecution is allowed to |
| set by a commissioner. The initial amount of a | | | | subpoena alleged victims or police officers to |
| criminal bond can later be lowered by the judge | | | | show the likelihood of the defendant's conviction. |
| to whom the case is assigned. Bond reduction | | | | After all the testimony is concluded, the judge |
| motions can be filed in criminal court (also called | | | | must then decide whether to alter the |
| "circuit court"), as well as in general sessions. Once | | | | defendant's bond. Weighing all the factors, the |
| a bond motion is filed, it is then set for a hearing | | | | judge can either leave it the same, reduce it, or in |
| by the clerk of the court. | | | | especially rare cases, actually increase it. |
| When considering altering the amount of a bond, | | | | Depending on the judge, some statutory factors |
| the judge must look at several statutory factors. | | | | can be more important than others. However, if |
| The relevant factors for a judge to consider | | | | after the court's bond decision, the bond still |
| when deciding on a bond reduction motion in | | | | exceeds $75,000.00 after the hearing on the |
| Tennessee can be found in Tennessee Code | | | | motion to reduce bond, a source hearing is |
| Annotated Section 40-11-118. There is a fixed set | | | | required before bail can be made. |
| of statutory factors the court must weigh in | | | | After the court's decision is entered, friends and |
| determining whether a motion for a reduction in | | | | family members can then post bond at the new, |
| bond is to be granted: the defendant's length of | | | | hopefully reduced amount. If the decision is |
| residence in the community; the defendant's | | | | unfavorable, there is a procedure to appeal to the |
| employment status and history and financial | | | | court of criminal appeals. There is also nothing to |
| condition; the defendant's family ties and | | | | stop a defendant from filing multiple motions to |
| relationships; the defendant's reputation, character | | | | reduce bond. In all, to have a chance at filing a |
| and mental condition; the defendant's prior criminal | | | | successful bond reduction motion in Tennessee, a |
| record; the nature of the offense and the | | | | criminal defense attorney's expertise is required |
| apparent probability of conviction and the likely | | | | who is familiar with the law and the court that |
| sentence; and, generally any other factors related | | | | holds sway over the bond amount. A good |
| to the risk of flight and danger to the community. | | | | criminal defense attorney is always your best bet. |
