Randall E. Reagan Criminal Law Blog on Lawyers.com

The Law Office of Randall Reagan
Criminal Defense Attorney in Knoxville

After someone is arrested and taken into police custody, they are booked at the jail. Once criminal charges are filed, a court appearance usually occurs within 72 hours of the arrest. During the arraignment the accused will enter a plea to the crime they are being accused of committing and the judge will set bail, deny bail, or release the accused on personal recognizance.

When deciding on setting bail or denying bail, a judge looks at various aspects of the case. The court examines the nature of the crime, the evidence against the accused, as well as whether or not the accused was on parole or probation at the time of the offense. The Knoxville court also examines the history of the accused, as well as the character of the accused. The judge will also take into account the need to ensure the safety of the community if bail is to be set.

Based upon the charges, there also may be conditions imposed along with the setting of bail. The most common conditions include limited travel, maintaining employment, alcohol or drug testing, a curfew, and to periodically check in with authorities.

Bail, money paid for the temporary release of the suspect as a security that they will show up for further proceedings, can be paid in cash, a pledge of property, or a corporate bail bond. There are instances in which a judge will set an extremely high bail in certain cases to keep an accused in jail until the trial is over and a conviction has been obtained. If a person cannot afford the amount of bail that the judge has set, they have the right to ask the judge to lower it during the arraignment or in a specific bail setting hearing, and they also have the right to appeal to a higher court.

The most common form of paying bail is a corporate bail bond, which can be bought from a professional bondsman who gives their own property as collateral to underwrite the bail bond to the court. A bail bond is usually purchased by payment of a nonrefundable surcharge which can be as low as 10% of the total amount of the bond. It is important that the suspect attend all required court dates once bail is paid by a bond in order to avoid revocation of the bail bond.

As soon as the court receives the bail, the accused is released based upon their promise that they will appear for later court proceedings.

The Law Office of Randall E. Reagan
Criminal Defense in Knoxville
706 Walnut Street, Suite 905
Knoxville, TN 37902
Phone: 856-637-8505