Bond Source Order
Tennessee courts can, on a request from the prosecutor, order that a defendant prove that any funds used to post a monetary bond are from a “legitimate” source, and not the proceeds of illicit activities. This process must occur prior to someone being able to be released from custody after posting a monetary bond. Bond source orders hold someone in custody – disallowing them unable to post their money bond – until a judge lifts this order and permits the bond to be posted.
SD Law attorneys are well versed in helping our clients navigate bond source orders, and walking clients and their families through bond source hearings. Courts and prosecutors can require specific documentation be presented to demonstrate where funding comes from to post a money bond. It is imperative to consult with a knowledgeable attorney in bond source hearings prior to appearing in court.
Pursuant to T.C.A. § 39-11-715, General Sessions and Criminal Courts have the authority to order someone be held in custody until the Court is satisfied that the funds being utilized by a criminal defendant’s friends or family are not “proceeds directly or indirectly derived from a criminal offense for the purposes of securing an appearance bond or to pay the premium for a bond.” This Statute also provides for courts to “require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof shall be upon the party seeking the approval or acceptance of the bond.” This means that the onus is placed on a criminal defendant AFTER he or she has been arrested to demonstrate in court the source of the funds they intend to use to secure release from jail.
Bond page adds - process sections
On the “bond” page under “process” can you add 2 more questions:
1.What is a Bond Premium?
A bond premium is the amount a bonding company charges to post someone’s bond. Premiums mean that a defendant does not have to pay the full dollar amount of the total bond, but have to pay some percentage of the total dollar amount. Premiums are paid directly to the bonding company. It is important to understand the terms of any contractual agreement, but especially those connected to posting a premium with a bonding company. Whether you have experience with bond premiums or this is your first time needing to do so, having an attorney at SD Law to consult with about this process is beneficial to ensure you are educated as to your rights.
2. What is Pretrial Release?
Pretrial release is a mechanism where someone can be released by a judge or magistrate from incarceration without having to pay a monetary bond. Pretrial Release generally involves reporting to a local agency and complying with certain reporting requirements set by the Court. Release to Pretrial is the exact same status as someone who had to post a money bond to secure release. If you are released to Pretrial Supervision, you are still considered on release status under the law and must comply with all of the conditions set by the Court. If you incur new criminal charges while on release status, you could face significant consequences, such as revocation of your release status and the potential to face mandatory stacked sentences depending on your particular circumstances.
