After an arrest, state prosecutors arraign someone in the Tennessee criminal courts. They outline the charges they intend to bring to obtain the approval of a judge. During that hearing, the defendant potentially has the option of requesting their release from state custody pending their trial.
Judges often order those facing criminal charges to pay a certain amount in bail. The judge sets the bail amount, and the defendant or their attorney posts bond with the courts. That bond is often just 10% of the actual mail amount set by the courts. Provided that the defendant shows up to their criminal trial, the state refunds what they paid to secure their release pending trial.
In some cases, the amount of bail set is so high that defendants remain in state custody for months awaiting their day in court. In other cases, someone released from state custody might commit another crime before their trial. The rules for establishing bail could soon change due to a proposed constitutional amendment working its way through the state legislature.
What have lawmakers proposed?
The state constitution helps outline the basic rights of individuals and the responsibilities of the state. Lawmakers in Tennessee have proposed a constitutional amendment to reform bail procedures to make the state tougher on crime.
Opponents of the proposal point out that the terms for bail are largely already left to the discretion of the judge, who could set bail prohibitively high when necessary. Unlike many bail reform laws in other states, House Joint Resolution 859 might actually make it harder for those accused of violent offenses to secure their release pending trial.
Should the bill pass, those accused of violent crimes could potentially be unable to secure their release until their trial takes place. The proposed amendment includes rules that allow judges to deny bail in cases involving aggravated kidnapping, second-degree murder, terrorism, torture and sexual assault against a child. Currently, judges can only deny bail to those accused of capital murder. The amendment also imposes a requirement to explain the decision to deny or approve bail.
Understanding the rules that govern criminal cases and bail can benefit those facing criminal charges in Tennessee. This is just one reason why seeking personalized legal guidance as soon as possible post-arrest is important.