What Is a Surety Bond for Jail?
Life can take an unexpected turn when a loved one lands in jail. The legal process of bailing them out can be intimidating and stressful. That's the bad news. The good news is that you don’t have to face it alone.
At Smiley Bail Bonds, we are here to support and guide you during this difficult time. Every situation is different, and we can help you find the best solution for your needs. With over two decades of experience in the bail bond industry, we pride ourselves on offering fast, reliable, and trustworthy service.
Our family-owned business serves Tennessee residents across Nashville, Lebanon, Murfreesboro, Gallatin, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
If you need assistance with a surety bond in the areas we serve, call us right away. For now, let’s try to understand what a surety bond for jail is, how it works, the legal requirements in Tennessee, and how we can guide you through the process.
What Is a Surety Bond?
When someone is arrested, they may be allowed to post bail to be released while they await their day in court. Bail serves as a financial guarantee that the individual will appear at all required court dates.
However, not everyone has the money to pay the bail upfront. This is where a surety bond comes into play.
A surety bond for jail is an agreement between three parties:
The principal: the defendant who needs to post bail
The obligee: the court or legal authority requiring the bail
The surety: the bail bond company that guarantees the payment
Essentially, the bail bond company pays the bail amount on behalf of the defendant. To do this, the defendant (or their co-signer, typically a family member or friend) pays a non-refundable fee—usually a percentage of the total bail amount—to the bail bond company.
The bail bond company's obligation ends if the defendant appears in court as required. However, if the defendant fails to appear, the bond is forfeited, and the surety (us) becomes responsible for paying the full bail amount to the court.
How Does a Surety Bond Work?
When you contact us for a surety bond, here’s how the process unfolds:
Assessment of bail amount: The court sets the bail amount based on several factors, such as the severity of the crime, the defendant’s criminal history, and whether they pose a flight risk.
Initial payment: Once you reach out to Smiley Bail Bonds, we take a non-refundable percentage of the bail amount, usually around 10%.
Guarantee to court: After you pay us, we provide the court with the surety bond, guaranteeing the defendant will appear as required.
Release from jail: Once the court accepts the bond, the defendant is released to return to their daily life while preparing for their court dates.
Working with a bail bondsman eliminates the need to pay the full bail amount upfront, making it a more accessible option.
The Benefits of Using a Surety Bond
Choosing a surety bond over other methods like cash bail comes with several benefits:
Cost-effectiveness: Instead of paying the entire bail amount, you only need to pay a small percentage.
Easier process: Bail bond companies handle the paperwork and legal formalities required to secure the defendant’s release.
Support system: Experienced bondsmen, like Smiley Bail Bonds, can provide guidance and support during this time.
Our goal is to get your loved one home as soon as possible while providing transparent and respectful service throughout the process.
Laws Governing Surety Bonds in Tennessee
Under Tennessee Code Annotated § 40-11-101, most people have a right to bail, except for certain serious crimes. If the court sets bail, defendants can use cash payment, property bonds, or a surety bond to secure release.
Here are some important points about surety bonds in Tennessee:
Determining bail amount: The court has the authority to set the bail amount based on the circumstances of the arrest.
Bond licensing requirements: Bail bond agents must be licensed in Tennessee. We follow all local laws and regulations for a smooth bond process.
Failure to appear: If a defendant does not appear in court as required, the bond will be forfeited, and the surety (the bail bond company) must pay the full amount. Additionally, law enforcement may issue a warrant for the defendant’s arrest.
Collateral requirements: To secure a bail bond, a defendant or their co-signer may be required to provide collateral. This gives the bail bond company financial security if the defendant fails to fulfill their court obligations.
Bail Bondsman in Nashville, Tennessee
At Smiley Bail Bonds, we have served Tennessee for over twenty years. Our reputation for delivering fast, dependable service is built on values like integrity and professionalism. Our team understands the legal system and works hard to make the process stress-free.
Call us and see why we’re Nashville’s top choice for bail bonds. Serving Nashville, Lebanon, Gallatin, Murfreesboro, Gallatin, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.