Bond and Getting Out of Jail After an Arrest in Sumner County

Kylene Ross

Oct 1

4 min read

After an arrest in Sumner County, a judicial officer sets a bond and release conditions, and the person can be released once the bond is posted. Tennessee law says nearly everyone charged with a crime is entitled to bail before trial (Tenn. Code Ann. § 40-11-102). Here is how the process works and what you can do to speed it up.

Who sets bond in Sumner County

In Sumner County, judicial commissioners decide whether there is probable cause for arrest warrants and set appearance bonds, recognizances and other conditions of release. The county says this is a 24-hour service, including nights, weekends and holidays.

The Sumner County Sheriff's Office and jail are at 117 West Smith Street, Gallatin. The Sheriff's Office website has a jail and inmate information section.

After an arrest, a person must be brought before a magistrate "without unnecessary delay" (Tenn. R. Crim. P. 5).

The right to bail

"Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great" (Tenn. Code Ann. § 40-11-102). In plain terms, nearly every charge has a bond. The question is how much, and with what conditions.

How the amount is decided

The law says bail "must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant" (Tenn. Code Ann. § 40-11-118(a)). The officer looks at factors including:

How long you have lived in the community.
Your job, work history and financial condition. The statute says your ability to pay is not considered.
Your family ties.
Your reputation, character and mental condition.
Your prior record, including any missed court dates, and any risk to the community.
The nature of the charge and the likely outcome.
Whether responsible people in the community will vouch for you.

(Tenn. Code Ann. § 40-11-118(b).)

Release on your own word

For many charges, a magistrate can release a person on personal recognizance, with no money posted (Tenn. Code Ann. § 40-11-115). Some charges are excluded unless a judge approves, including Class A and B felonies, aggravated assault and felony domestic assault.

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Ways to post bond

Tennessee allows several ways to secure release (Tenn. Code Ann. §§ 40-11-118, 40-11-122):

Cash. Deposit the full bail amount in cash with the clerk.
Property. Real estate in Tennessee with unencumbered equity worth at least 1.5 times the bail amount, secured by a deed of trust.
Personal sureties. A written promise signed by you and at least two qualified sureties, approved by the magistrate.
A bonding company. A licensed professional bail bondsman or corporate surety.

The 12-hour hold

Some arrests carry a waiting period. A person arrested for stalking, or for certain domestic abuse offenses, cannot be released within 12 hours of arrest unless the official finds the person is not a threat to the alleged victim. A similar hold applies to abuse of elderly or vulnerable adults (Tenn. Code Ann. § 40-11-150). Release in these cases usually comes with a no-contact order. Our assault and domestic violence page explains more.

Conditions of release

Bond papers list your first court date and your conditions. Common ones include no contact with the alleged victim and, in some DUI cases with a prior DUI, an ignition interlock or alcohol monitoring (Tenn. Code Ann. § 40-11-118). Breaking a condition can put you back in jail.

If you miss court, the court can enter a conditional judgment against you and anyone who signed your bond (Tenn. Code Ann. § 40-11-201). Knowingly failing to appear is a separate crime (Tenn. Code Ann. § 39-16-609).

What family members can do

Find out the charge, the bond amount and any hold before you head to the jail.
Decide how you will post bond: cash, property or a bonding company.
Do not talk about the facts of the case on jail phone calls.
Call a lawyer. A lawyer can ask the court to lower a bond or change conditions that are too strict.

How we can help

Attorney Chloe Hawes handles criminal defense for our office on the Gallatin Public Square, a short walk from the Sumner County courts. We can find out where your loved one is in the process, talk through bond options, and ask the court to review a bond or conditions. If you know there is a warrant, read what to do about a warrant in Sumner County. See also our police custody page, our General Sessions court guide and our criminal defense services.

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