If you have been arrested in Tennessee, you may be eligible for pretrial release. This allows you to secure your release from jail and wait for your trial as a free person. You can then continue to work and care for your family. If you believe there is a strong likelihood you could be convicted of the crime you are accused of, it also provides an opportunity to get your ducks in a row before potential long-term incarceration.

What Is Pretrial Release?

Pretrial refers to the waiting period between an arrest or charge but before the trial. During this period, law enforcement officers gather information to build a case against the defendant. Sometimes, defendants have no choice but to spend this time behind bars. In most cases, there is a bail hearing or detention hearing.

At the hearing, a judge listens to the available evidence and makes a decision on whether to grant pretrial release and at what cost. The judge may only grant release if he or she determines the individual is not a threat to the public and is not a flight risk.

During a pretrial release, the individual may need to be supervised by an assigned pretrial service officer. This person monitors the released individual to ensure he or she is still not a danger to others and is not a flight risk. At this time, a probation officer could also start working on the presentence investigation.

The pretrial supervision could end for the following reasons:

  • Someone else confesses to the crime and faces conviction
  • The court finds the individual not guilty
  • The prosecution decides to drop charges against the individual

What Is Released on Own Recognizance?

When individuals are detained in Tennessee, there is a possibility that they can be released without a formal arrest and without bail. This is considered acceptable for minor and non-violent crimes. The person may have no conditions for this release aside from a personal guarantee to appear in court at the appointed time.

If the person is arrested, securing ROR is a lot more complicated. He or she needs to appear before a magistrate. When determining whether someone is eligible for ROR, the magistrate considers these and other factors:

  • The length of time the defendant has lived within the community
  • The employment history and financial status of the defendant
  • The mental condition, character and reputation of the defendant
  • The family ties and relationships
  • The nature of the offense and whether a conviction seems likely
  • The criminal record of the defendant or lack thereof

Magistrates also use the same information to determine whether they can set bail and how high it should be. In these cases, the defendant would need to post bail before securing freedom.

How Does Pretrial Release Relate to Bail Bonds?

If you or your loved one secures a ROR release, there is no need for bail bonds in Memphis, TN. In cases where the judge decides to set a bail amount, you need to pay bail before securing release. You might have the cash to post bail, but if you don’t, you can use bail bonds services. When you do, the bondsman pays for the release.

Using this option makes financial sense in the following cases:

  • The bail bond is higher than the amount of cash and assets you have available
  • Paying the bail bond would result in you spending almost all the available cash you have
  • Paying the bail bond would result in the need to liquidate assets or offer them as collateral
  • You want to save the resources you currently have to hire a good attorney

What Are Some Conditions of a Pretrial Release?

There are no nationwide mandatory conditions of a pretrial release besides showing up for court. Instead, judges within jurisdictions can set conditions at their discretion, based on the details of the case. These are some fairly common conditions you might encounter:

  • Electronic Monitoring: Officers might use technology to monitor whether a defendant remains compliant with other conditions of pretrial release
  • Partial Confinement: House arrest most often comes to mind, but it can also include in-patient treatment, curfew and work release
  • Movement Restrictions: The defendant could lose the right to travel into certain locations or across jurisdictions
  • Controlled Substances Prohibition: The defendant cannot own or have controlled substances on his or her person and may need to pass drug tests
  • Weapons Prohibition: The person could lose the right to own a gun or have a license during the pretrial release period
  • Protection or No Contact Order: Cases involving violence usually include protection orders for witnesses and alleged victims

How Can Defendant’s Ensure Freedom?

The only way to ensure freedom in America is to avoid going to jail in the first place. That said, innocent parties face criminal accusations on a regular basis. Consequently, the next best plan involves hiring an experienced criminal defense attorney. Even though the justice system provides public defenders, these well-meaning professionals do not have the resources to adequately represent everyone who needs their services.

Your attorney can then make a strong argument to secure your freedom on ROR or at an affordable bail amount. The attorney could seek character witnesses or present information supporting good character, strong ties to the community and the need to return to work. These do not guarantee your freedom, but they increase the likelihood. Note that we do not have attorneys at All n One Bail and cannot provide legal advice.

If the judge sets a bail amount, you can work with a bondsman to get it taken care of. You or your loved ones may need to make a non-refundable payment at a predetermined portion of the total. The bondsman then puts up a bond worth the total amount of the bond and if the defendant does not miss court the total bond amount never has to be paid the full amount. When you follow through with your release conditions, including returning to court, the court returns the money to the bondsman.

Do you believe bail bonds services could drastically improve your chances of a successful pretrial release? All n One Bail Bonds is eager to help. We are open 24/7 and accept applications online. Submit your application today.