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HTML <html> <head> <title>The Best Way to Get a Bond Reduction in Tennessee</title> </head> <body> <h1>The Best Way to Get a Bond Reduction in Tennessee</h1> <div class="info">Author: <a href="author_1_121640.html">Nathan Moore</a></div><div class="body">The success of a motion for a bond reduction in Tennessee rests on several statutory factors, all of which an experienced criminal defense lawyer will be familiar.<br /> <br /> A motion for a criminal bond reduction can be filed any time before trial. In many jurisdictions, bond is initially set by a commissioner. However, the first setting of the bond can be altered later by the judge to whom the case is assigned. Bond reduction motions can be filed in criminal court (also called "circuit court"), as well as in general sessions. Once a bond motion is filed, it is then set for a hearing by the clerk of the court.<br /> <br /> When considering altering the amount of a bond, the judge must look at several statutory factors. The relevant factors for a judge to consider when deciding on a bond reduction motion in Tennessee can be found in Tennessee Code Annotated Section 40-11-118. There is a fixed set of statutory factors the court must weigh in determining whether a motion for a reduction in bond is to be granted: the defendant's length of residence in the community; the defendant's employment status and history and financial condition; the defendant's family ties and relationships; the defendant's reputation, character and mental condition; the defendant's prior criminal record; the nature of the offense and the apparent probability of conviction and the likely sentence; and, generally any other factors related to the risk of flight and danger to the community.<br /> <br /> At a bond reduction hearing, the defense will often ask family members, ministers and friends to testify and be physically present to show that the defendant is sufficiently tied to the community and not a flight risk. In addition to defense witnesses, the prosecution is allowed to subpoena alleged victims or police officers to show the likelihood of the defendant's conviction. Once all the testimony has been taken, the court then must decide what to do with the defendant's bond. Weighing all the factors, the judge can either leave it the same, reduce it, or in especially rare cases, actually increase it. Some judges tend to focus on different factors then others, often times based on the facts alleged in the case. Additionally, if the bond is still over $75,000.00 after the hearing on the motion to reduce bond, a source hearing is required before bail can be made.<br /> <br /> After the court's decision is entered, friends and family members can then post bond at the new, hopefully reduced amount. If the decision is unfavorable, there is a procedure to appeal to the court of criminal appeals. There is also nothing to stop a defendant from filing multiple motions to reduce bond. In all, to have a chance at filing a successful bond reduction motion in Tennessee, a criminal defense attorney's expertise is required who is familiar with the law and the court that holds sway over the bond amount. A good criminal defense attorney is always your best bet.<br /> <br /> <br /> ------<br /> <br /> Criminal defense attorney Nathan Moore is licensed to practice in Tennessee and is based in Nashville. Information regarding his criminal defense practice can be found a his <a href="http://www.mooredefenselaw.com" >firm's website</a>. If you have questions about getting a bond reduction in Tennessee, you can use our secure information request form for <a href="http://mooredefenselaw.com/?page_id=68" >bond reductions</a>.</div> <div class="source">Article Source: <a href="http://www.articlealley.com/article_920055_18.html">http://www.articlealley.com/article_920055_18.html</a></div> <div class="author"> <div class="authorBio"></div> </author> </body> </html>
Text The Best Way to Get a Bond Reduction in Tennessee Author: Nathan Moore The success of a motion for a bond reduction in Tennessee rests on several statutory factors, all of which an experienced criminal defense lawyer will be familiar. A motion for a criminal bond reduction can be filed any time before trial. In many jurisdictions, bond is initially set by a commissioner. However, the first setting of the bond can be altered later by the judge to whom the case is assigned. Bond reduction motions can be filed in criminal court (also called "circuit court"), as well as in general sessions. Once a bond motion is filed, it is then set for a hearing by the clerk of the court. When considering altering the amount of a bond, the judge must look at several statutory factors. The relevant factors for a judge to consider when deciding on a bond reduction motion in Tennessee can be found in Tennessee Code Annotated Section 40-11-118. There is a fixed set of statutory factors the court must weigh in determining whether a motion for a reduction in bond is to be granted: the defendant's length of residence in the community; the defendant's employment status and history and financial condition; the defendant's family ties and relationships; the defendant's reputation, character and mental condition; the defendant's prior criminal record; the nature of the offense and the apparent probability of conviction and the likely sentence; and, generally any other factors related to the risk of flight and danger to the community. At a bond reduction hearing, the defense will often ask family members, ministers and friends to testify and be physically present to show that the defendant is sufficiently tied to the community and not a flight risk. In addition to defense witnesses, the prosecution is allowed to subpoena alleged victims or police officers to show the likelihood of the defendant's conviction. Once all the testimony has been taken, the court then must decide what to do with the defendant's bond. Weighing all the factors, the judge can either leave it the same, reduce it, or in especially rare cases, actually increase it. Some judges tend to focus on different factors then others, often times based on the facts alleged in the case. Additionally, if the bond is still over $75,000.00 after the hearing on the motion to reduce bond, a source hearing is required before bail can be made. After the court's decision is entered, friends and family members can then post bond at the new, hopefully reduced amount. If the decision is unfavorable, there is a procedure to appeal to the court of criminal appeals. There is also nothing to stop a defendant from filing multiple motions to reduce bond. In all, to have a chance at filing a successful bond reduction motion in Tennessee, a criminal defense attorney's expertise is required who is familiar with the law and the court that holds sway over the bond amount. A good criminal defense attorney is always your best bet. ------ Criminal defense attorney Nathan Moore is licensed to practice in Tennessee and is based in Nashville. Information regarding his criminal defense practice can be found a his firm's website. If you have questions about getting a bond reduction in Tennessee, you can use our secure information request form for bond reductions. Article Source: http://www.articlealley.com/article_920055_18.html About the Author:
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