Do You Really Know How Tennessee Bail Bonds Work?
A fresh perspective to take when one simply tires of the oftentimes boring and routine topic of bail bonds is too see its legal and constitutional underpinnings. This is where one sees the rule of law as something organic, as something not restrictive and static but participatory to the ebb and flow of changes that constantly challenge legal rules. Here are some notable issues concerning judicial legislation over Tennessee bail bonds.
One important question posed through a House Bill (HB 1696) asks the constitutionality of granting judges the authority to require defendants to post only one kind of bond- a cash bond- instead of other Tennessee bail bonds for certain "light" bailable offenses which include bouncing checks and child custody violations. The legal opinion was that such an authority was unconstitutional because everyone has a right under the constitution to bail through "sufficient sureties" or Tennessee bail bonds of their own choosing. To impose to have defendants only use one type of Tennessee bail bonds would be denying them that constitutional right.
Another important question raised for legal discussion was the setting of figures or amounts for Tennessee bail bonds that have been described as "excessive and unfair". The resulting analysis was that based under the Eighth Amendment to the United States Constitution (Stack v. Boyle), the main purpose of bail bonds is to ensure the appearance of a defendant (or accused) and that to set a bail bond figure higher than what was legally deemed as sufficient would be a violation of this amendment. The legal opinion also cautions against imposing excessive Tennessee bail bonds or the infliction of cruel and unusual punishments.
The court also outlined four different Tennessee bail bonds that a defendant may choose to obtain temporary freedom: 1) a cash deposit bond exactly matching the bail amount set by the court and deposited to the clerk of court; 2) a real estate or property bond that should be located in the state of Tennessee; 3) a bond contracted through two sureties WHO ARE NOT professional lawyers or bondsmen and; 4) Tennessee bail bonds from a professional bail bond firm or bail bond agent. Further points were raised against the proposal to require only cash bonds. One argued that if such a measure was allowed, then a judge could also arbitrarily order a defendant to post other bonds such as a property bond. And if the accused could not comply simply because he does not have any property to use, his eventual detainment would be a clear violation of Article I, § 15 of the Tennessee Constitution and T.C.A. § 40-11-102 which provide that "all defendants shall be bailable by sufficient sureties." The same argument the critics say could also apply vice versa for defendants who may have property, but no cash. Clearly, the unconstitutionality of such a measure to allow only allow one kind of bond over other applicable Tennessee bail bonds also violates the equal protection guarantees of the US and the State of Tennessee. By giving power to a judge to limit the type of bail for particular offenses, one is also negating the very purpose of bail bonds which actually covers and is the same for all offenses.
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