There has been some mis-information about bonds for those arrested and what is called a “Pre-Trial Release” in Rutherford County.
Judge Lisa Eischeid said that Tennessee Legislators enacted what is commonly referred to as the Bond Statute or 40-11-118...
Judicial Commissioner Jake Flatt said - if they can't make bond...
Judge Eischeid noted that bonds are not set to punish anyone, it is simply a measure to ensure that a defendant goes to court.
Information on Bonds: If someone is arrested and they choose to call a bondsman, the defendant will pay the bondsman 10% of the total bond amount. For example, if the bond is $5,000, the subject would have to pay the bondsman $500.
More Details: If the bond is well over $5,000, a bondsman will take collateral for the remaining 90% amount. If the defendant fails to appear in court, the bail bond is forfeited and the court then requires the remaining 90% of the bail to be paid, which is when the bondsman would use the defendants collateral to pay the court the remaining bond amount. If the defendant shows up for court, the bondsman will keep the 10% paid in the beginning and the collateral is returned to the person who posted the bond.
Cash Bond: If you pay the full bond amount on your own, the courts will hold the amount you paid until you appear in court. Once you make that court appearance, the court will refund the amount you paid.
If a judge feels that the defendant is responsible enough to appear in court without a bond, a “release on their own recognizance,” can be implemented.
Information on the COVID-19 Order that was filed in Tennessee and how it impacts local jails - HERE.
Learn more: Tennessee Code Title 40. Criminal Procedure § 40-11-118
