There are five basic release options available. The five options are:
Cash Bail - means a person must give the court or jail the total
amount of the bail in cash. The cash will be held by the court until the
defendant appears to all of his/her court cases and the case is
concluded. Full cash bonds provide a powerful incentive for the
defendant to appear in court. If the defendant appears for all of
his/her scheduled court appearances, the cash bail should be returned in
full minus any fees, fines*, or costs. BEWARE! *Sometimes the
court will assess large fines. (Back to top)
Surety Bond - An alternative to cash
bail is a surety bond. This process involves a contractual undertaking
guaranteed by an admitted insurance company having adequate assets to
satisfy the face value of the bond. The bail agent guarantees to the
court that they will pay the bond forfeiture if a defendant fails to
appear for their scheduled court appearances. The bail agent’s guarantee
is made through a surety company and/or by pledging property owned by
the bail agent.
For this service, the defendant is charged a
premium (typically 10% of the bail amount in Tennessee). For example, if
the bail amount in $10,000.00, the premium charged is $1,000.00 plus
$25.00 clerical fee and there is also a state tax of $12.00 per bond.
Prior to the posting of the surety bond, the defendant, friend or
relative must contact a licensed bail agent for AA Bonding
Company. Once a bail agent is contacted, an
interview to evaluate the situation will be immediately
conducted.
By involving the family and friends of a defendant,
as well as through the acceptance of collateral, the bail agent can be
reasonably assured that the defendant released on a surety bond will
appear to all of his/her court appearances.
After this procedure is
completed, the bail agent will post a bond for the full bail amount,
financially guaranteeing the defendant’s return to court as
scheduled.
With money on the line, the bail agent has a financial interest in supervising
bailees, and ensuring that they appear in court each end every time the
court orders them to appear. If the defendant does not appear in court
(skips), the bail agent has time and the financial incentive to find the
defendant and bring him/her to court. (Back to top)
Property Bond - In rare cases an individual may be released by
posting a property bond with the court. With a property bond, the court
records a lien on the property to secure the bail amount. If the defendant fails
to appear in court as scheduled, the court may foreclose on the property
to obtain the forfeited bail amount. The property must be 1 1/2 times
the bond amount AND must be accompanied by a title search. The property
must be free of all encumbrance. (Back to top)
Release on Own Recognizance (R.O.R.) - Another method of release, pending trial, is
through a county or law enforcement administered pre-trial release
program. Usually, the employees of these programs interview defendants
in custody and make recommendations to the court regarding the release
of these individuals on their own recognizance (i.e., without any
financial security to insure the defendant’s return).
The interview process is often conducted over the telephone, usually with
little inquiry into the defendant’s background. The interview process
attempts to determine whether the detainee is likely to appear in court.
There is usually no verification of information provided by the
defendant. Since no money, property or bond is posted to secure the
defendant’s appearance in court, he/she faces no personal economic
hardship from the conscious decision not to appear in court.
(Back to top)
Release on Citation (Notice to appear) - This
procedure involves the issuance of a citation by the arresting officer
to the arrestee, informing the arrestee that he/she must appear in court
at an appointed court date.
The "Cite Out" usually occurs immediately after an individual is arrested. As a
consequence of the failure to follow complete booking procedures, the
true identity and background of most individuals released on citation is
never established. This results in the release of numerous arrestees who
may have outstanding bench warrants pending or who may present a
significant danger to society.
Accordingly,
in those cases involving "Notices to Appear", the arrestee may never be
placed in custody. Like the Own Recognizance (R.O.R.) release, the
defendant’s appearance in court depends exclusively on the integrity of
the defendant voluntarily returning to court as ordered by the
court. (Back to top)
