How Bail Bonds Work for Non-Violent Offenses: What You Need to Know
If you or a loved one has been arrested for a non-violent offense, it's important to understand your options for getting out of jail while your trial is pending. Working with a trusted bail bond company can expedite the release process so you can focus on the next steps.
At Smiley Bail Bonds, we understand the stress that an arrest can cause. With over 20 years of experience, our family-owned business has been providing fast, reliable, and trustworthy bail bond services across Tennessee, including Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
In this blog, we explain how bail bonds work, what to expect, and the specific legal requirements of working with a bail bondsman in Tennessee.
What Are Bail Bonds?
When someone is arrested and charged with a crime, the court will typically set a bail amount. Essentially, the arrested party can pay the bail amount to be released from custody and serves as a financial guarantee that they will appear in court as scheduled.
Non-violent offenses, such as misdemeanors or minor infractions, typically have lower bail amounts, whereas felonies may have higher bail amounts or no bail at all if the crime is especially heinous or severe.
A bail bond is an agreement in which a third party, such as a bail bond company, helps pay the bail amount. Instead of you paying the full bail amount directly to the court, a bondsman covers most of it, typically charging you a small percentage as a fee, usually around 10% in Tennessee. This helps reduce the financial burden on those who may not be able to pay the full bail amount themselves, and it helps expedite the release of the arrested party from custody.
How Does the Bail Bond Process Work?
In Tennessee, there are specific steps that you will need to follow during the bail bond process. While these can vary depending on the circumstances of your case, the general steps for a non-violent case include the following:
Arrest and booking: When the accused is arrested, they will be taken to a detention facility, where they will undergo the booking process. Details of the offense will be logged, and fingerprints, mugshots, and personal information will be recorded.
Setting the bail amount: The court will determine the bail amount based on the type of crime. For non-violent offenses such as shoplifting, trespassing, or DUIs without injury, bail is typically set at a lower amount compared to cases involving violent crimes. Bail schedules are often predetermined, which means you don’t need to wait for a court hearing to begin the bonding process.
Contact a bail bondsman: Reach out to a bail bondsman like Smiley Bail Bonds, who can help you meet the bail requirements set by the court. Once the bondsman has the details about the arrest and charges, they can provide step-by-step guidance, along with an agreement specifying our payment terms and conditions.
Release from jail: Once the agreement is signed and the bail bondsman fee is paid (typically 10%), bail will be promptly posted to the court to secure the accused’s release. Depending on the jail’s procedures and workload, the release process can take anywhere from a couple of hours to 24 hours.
Post-release obligations: Upon release, the accused is required to adhere to all court directives, including attending all scheduled hearings. Failure to comply may result in a bail forfeiture, meaning the full amount becomes due, which was initially covered by the bail bondsman. This means that you may be required to pay the entire bail amount upfront.
Why Should You Use a Bail Bondsman for Non-Violent Offenses?
The primary advantage of working with a bail bondsman is the convenience it offers. Posting bail upfront can be a significant financial burden for many individuals. By working with a bail bondsman like Smiley Bail Bonds, you will only have to pay a small percentage of the bail amount, which can help you retain more of your savings.
We understand the stress and urgency that come with an arrest. That’s why our team acts swiftly, offering the support you need to reunite with your loved one as quickly as possible. Non-violent offenses often involve individuals with no prior criminal history; our mission is to help them return to their families and daily lives as soon as possible.
Tennessee Laws Governing Non-Violent Offenses
Understanding Tennessee laws for non-violent offenses is necessary if you or a loved one has been arrested. Non-violent offenses include crimes that do not involve physical harm to another person. Some typical examples in Tennessee include public intoxication, shoplifting, vandalism, or first-time DUIs without injury.
Tennessee law has specific conditions for bail, based on the severity and classification of the charge (felony or misdemeanor), the accused's criminal history, and whether they pose a risk of flight (i.e., not showing up for their scheduled court appearances).
The Tennessee Code Annotated Section 40-11 governs bail bonds and surety practices in the state. For non-violent misdemeanors, judges often set lower bail amounts or even release the accused on recognizance (ROR) if they are deemed low-risk.
For non-violent felony offenses, obtaining a bond often depends on the support of a reliable bail bond service.
Failing to comply with bail conditions, such as skipping a court hearing or facing a new arrest, can lead to more than just the forfeiture of bail - it may also result in further penalties and legal complications.
Common Questions About Bail Bonds for Non-Violent Offenses
At Smiley Bail Bonds, we often encounter various questions about the bond process. Below, we provide answers to some of the most common questions we receive:
Can I qualify for payment plans? Yes, we offer flexible payment options to make the process more manageable and less stressful.
How fast can someone be released? Once the bail is posted, timing depends on the detention center. Typically, it takes just a few hours.
What happens if the accused fails to appear in court? Missing a court date can result in additional charges and a forfeiture of your bail bond. If this happens, contact us immediately so we can discuss your options.
Who can co-sign for a bail bond? Generally, any financially responsible adult who meets the bond company’s criteria can serve as a co-signer.
Bail Bondsman in Nashville, Tennessee
For over 20 years, Smiley Bail Bonds has provided fast and dependable bail bond services in Tennessee. With multiple locations throughout the state, we serve clients in Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
From assisting with arrests to resolving court cases, our family-owned company is here to support you in your time of need. We strive to make the process easy to understand while treating each client with dignity. When the unexpected happens, our experienced team will be ready to help. Call today to get started.