What Can a Bail Bondsman Do Legally if You Violate Bail?
We know you're overwhelmed by the bail bond process, but you don’t have to face it alone. When you need help getting out of jail, we can help.
At Smiley Bail Bonds, we have served Tennessee residents in Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville for over 20 years.
Our family-owned and operated bail bond company has built its reputation on providing fast, reliable, and trustworthy support during difficult times.
We're here to help you understand the legal rights and responsibilities on both sides of a bail bond agreement—especially what a bail bondsman can legally do if you violate the conditions of your bail. Here’s what every Tennessee defendant (and their loved ones) should know.
What Happens When You Violate Bail?
When you’re out on bail, you’re essentially promising the court and your bail bondsman that you’ll follow the rules. These rules—often called bail conditions—might include things like showing up in court, avoiding illegal activity, or staying within a certain geographical area.
If you break the terms of your bail agreement, you're considered in violation. Known as “jumping bail,” this act has serious consequences. Not only do you risk being sent back to jail, but your bail bondsman has legal authority to take action when this happens.
Additionally, the court may issue a warrant for your arrest, which can cause further legal troubles. Violating bail conditions may also result in the forfeiture of any money or collateral put up for your release.
The Legal Rights of Bail Bondsmen
Bail bondsmen play a unique role in the justice system. By posting your bail, they’re essentially vouching for you and putting their money on the line. Because of this financial guarantee, Tennessee law grants them certain rights if you violate bail.
Here’s what they can legally do in response to a bail violation:
1. Locate and Arrest You
If you fail to meet the terms of your bail agreement, your bail bondsman can legally hire a bounty hunter or personally track you down. Known as a “bail enforcement agent,” a bounty hunter has the authority to locate, detain, and return you to law enforcement.
2. Surrender You to the Court
Once you’re found, a bail bondsman can revoke your bail by surrendering you to the custody of the court. This means you'll be brought before a judge and likely returned to jail.
3. Revoke the Bond Agreement
If your bail is revoked, your bail bondsman can terminate the agreement, leaving you or your loved ones responsible for the full bail amount.
Violating bail isn't taken lightly. Bail bondsmen are trained professionals with a clear understanding of the law and are committed to working within its boundaries.
4. Monitor Compliance with Bail Conditions
Bail bondsmen can monitor the activities of the individual out on bail to ensure compliance with the court's conditions. This can include regular check-ins, verifying that the individual attends all required court dates, and taking action if they suspect a violation of bail terms.
Tennessee Laws Governing Bail Violations
Tennessee has several laws governing bail violations, bail bondsmen, and bounty hunting. Understanding these regulations can help you protect yourself if you’ve been released on bail.
Tennessee Code § 40-11-201 specifies the rights and responsibilities of bail bondsmen when a defendant jumps bail. This includes the authority to apprehend a defendant if they fail to appear.
Tennessee Code § 40-11-139 states that a bond forfeiture occurs when a defendant fails to appear in court. When this happens, the court can demand the full bail amount from the bail bondsman. This explains why bondsmen often act swiftly when a violation occurs.
Bounty hunters in Tennessee must comply with strict licensing laws and training requirements. They operate under Tennessee Code § 40-11-318, which allows them to detain defendants in collaboration with bail bondsmen.
Bail bondsmen must submit monthly reports to the court detailing any outstanding bonds or violations. Failure to comply with this reporting requirement can result in penalties or license suspension.
Under Tennessee Code § 40-11-401, if a bondsman believes that the defendant is likely to flee or violate bail conditions, they can request to surrender the defendant into custody, effectively releasing themselves from the liabilities associated with the bond.
Failing to comply with bail conditions can be complicated and financially draining. If you run into a problem, communicate with your bail bondsman instead of risking additional legal consequences.
Why You Need Legal Help
If you’ve violated your bail conditions, you must act quickly to salvage the situation. Hiring a defense attorney or consulting your bail bondsman can significantly affect how the situation unfolds. An attorney can help you negotiate directly with the court and advocate to minimize consequences.
Our Smiley Bail Bonds team works with defendants and their families to ensure everyone understands their rights throughout the legal process.
Bail Bondsman in Nashville, Tennessee
Smiley Bail Bonds has served Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville for over two decades.
Our family-run business delivers fast service and support during challenging times. Our knowledge of the bail bond process and familiarity with the legal system will help you throughout the process.
When it’s time to bring your loved one home, you need someone you can trust. Call today for service you can count on.