What To Expect At Bond And Source Hearings
After an arrest and criminal charge, most people in Tennessee have the right to a bail, or bond, hearing that will allow them to be out of jail prior to their trial. Depending on the circumstances of the case, you may also be subject to a source hearing. These hearings can be scary and confusing for people who are not experienced in the criminal justice system, but the knowledgeable criminal defense attorneys at Fort, Holloway & Rogers are here to help. Call the office or contact us to schedule a consultation of your case.
What is a Bond Hearing?
After an arraignment, someone who is accused of committing a crime is entitled to a bail hearing, also known as a bond hearing. The only exception to this in Tennessee is if someone is accused of committing a capital offense where the death penalty can be imposed. A bail bond is a type of insurance policy, where a criminal defendant provides a security to the court in exchange for release from jail pending their trial. The defendant gets their money returned if they show up for court, minus certain fees.
At the bond hearing, an attorney will make the case as to why a person deserves to be released on bond pending their trial. A number of factors are considered, including the seriousness of the crimes alleged, the probability of conviction and sentencing, the reputation and character of the defendant, the safety risk to the community, any prior criminal record, family relationships, ties to the community, and whether the defendant is a flight risk. If issued a bail bond, a criminal defendant is required to post ten percent in order to be released pending their trial.
What is a Source Hearing?
However, there is an additional step in the bond hearing process if the bail set is $75,000 or higher in Tennessee courts. State law allows for the court to conduct a source hearing to determine the source of the funds used to post bond in order to prevent criminal defendants from using the proceeds of any illegal activity to post their bond. Source hearings were initially reserved for drug cases but have since been expanded to cover all criminal cases in Tennessee.
At a source hearing, a criminal defendant’s attorney will submit a motion that explains the who, what, when, and how of the payment of the bail bond. Additional documentation, such as bank statements, credit card statements, and other evidence will be presented at the source hearing to prove that the funds are not being sourced from illicit means. If the funds are being sourced from a loan, additional information about the person paying the loan may also be offered as evidence during a source hearing.
Call or Contact Our Office Today
Do you have more questions about bond and source hearings? If so, the experienced Franklin criminal defense lawyers at Fort, Holloway & Rogers are here to help. Call the office or contact us now to schedule a consultation.