Bail Conditions in Robertson County: Some FAQs
Prompt jail release is an important component of a solid criminal defense. Defendants who are behind bars cannot contribute to their own defenses in any meaningful way. Furthermore, many incarcerated defendants often accept unfavorable plea bargain settlements just to get the matter over with.
There are some significant personal consequences as well. Some of them are not so obvious. For example, as many as 80 percent
of incarcerated defendants may have a brain injury. The jail experience increases stress hormone production. Long-term exposure to these hormones poisons the brain.
Jail release is essential, but jail release is not free. In fact, it is often rather costly, especially in terms of a loss of freedom due to bail conditions. A solid Clarksville, TN bail bonds agent from Fizer Bonding Company can minimize these costs. Additionally, these people are excellent resources for your questions about the Montgomery County criminal justice system.
Why Do Bail Bonds Include Conditions?
The Bill of Rights guarantees a number of basic freedoms. But these freedoms are not absolute. The right to keep and bear arms, which is in the Second Amendment, is a good example. States, and the federal government, may regulate firearm ownership. Legally, these rules must pass what lawyers call the strict scrutiny test. The regulation must be related to a compelling governmental interest. And, the law must be as narrowly tailored as possible to serve that interest.
Similarly, the Eighth Amendment guarantees reasonable bail in criminal cases. And, as long as the rules meet the strict scrutiny test, governments may impose conditions on bail.
Additionally, Fizer Bonding Company (bail bonds Clarksville TN) is essentially functioning as an insurance agency. As such, the bail bondsman has a legal right to attach certain conditions to the agreement. When you buy a home or rent an apartment, the lender or owner typically requires you to purchase homeowners’ or renters’ insurance. That’s the same principle.
What are some Generic Bail Bond Conditions?
Either the county sheriff or the bail bond company usually includes some conditions which apply to everyone, regardless of the offense or the circumstances of the offense. Some common conditions include:
- Remaining in the county until trial,
- Keeping the company informed of any address, telephone number, job, or other personal information changes,
- Attending all required hearings, even if these hearings are only procedural matters,
- Regularly reporting in person to the bail bond agency, and
- Avoiding other run-ins with the law while out on bail.
These conditions may feel like restrictive punishments, but that is not their intent. The bonding company simply wants to protect its investment in providing your bail bond. If roles were reversed, you would probably do the same thing.
Since these conditions are not punitive (or for punishment), if you happen to have an issue with compliance or agreement to their terms, speak with your bail bond agent. For example, some people may work in another county or be a cross country semi truck driver needing to be away from their bond location. Other people have limited access to transportation, so it is difficult or sometimes almost impossible to get from one place to another.
Be proactive. If you wait until you miss a meeting with your bondsman to bring up your lack of transportation or similar issue, the agent will not be happy. If you bring up the issue before you miss a meeting, the agent will almost certainly work with you and together you can find solutions.
What are some Offense-Specific Bail Bond Conditions?
These generic conditions are usually related to the bonding company’s financial investment or the defendant’s appearance at trial. There may be some other conditions as well. These additional conditions usually related to public safety while the defendant is out on bail. Some examples include:
- Ignition Interlock Device : DUI bail almost always includes an IID requirement. This gadget is a portable Breathalyzer which is attached to a vehicle’s ignition. If the driver’s BAC level is above a certain level, which is usually .04, the vehicle will not start.
- No-Contact Order : Assault bail often contains a no-contact provision. This order prohibits the defendant from approaching the alleged victim. In some cases, a no-contact provision may require the defendant to find another dwelling. Other times, a no-contact order is aimed at crime witnesses, if the defendant has threatened them in any way.
- Substance Abuse Treatment : Over 80 percent of all drug cases are simple possession cases. If the defendant has a substance abuse issue, a twelve-step program or some other treatment program may be a bail condition. Even if it is not mandatory, substance abuse treatment is usually a good idea if it is needed. Judges and juries like to see such proactive efforts.
- Electronic Monitoring : House arrest, or GPS monitoring, is often an alternative to incarceration.
At times, agents may have less wiggle room with regard to accommodating these conditions. Usually, the judge orders them. If you are unable to comply with a condition, or have another legitimate reason to object, an attorney may need to file a motion to modify the bail conditions.
How Do I Find Out Someone’s Bail Conditions?
Bail bond instruments and court transcripts are usually public records. It may require a few hours at the courthouse archives, but you can usually find them. Fizer Bonding Company (bail bonds Clarksville TN) has professional access the records as well, but for privacy and professional reasons, agents do not share these records with the public.
Speaking of asking, that’s usually the best way to learn someone else’s bail conditions. Just ask them what the conditions are. At worst, they will refuse to tell you, and then it’s off to the courthouse clerk’s office to do your own research.
What Happens If I Violate Bail Conditions?
If you violate bail conditions, the judge will probably either modify the conditions or revoke your bond.
Modification almost always means additional conditions. The aforementioned house arrest/electronic monitoring option is one of the most frequent additional conditions in these cases. This restriction is highly burdensome, but it is better than being behind bars. Judges usually modify conditions if the defendant violated a technical restriction, like failure to report failure to get an IID.
If the judge revokes your bond, the judge issues a warrant for your arrest. Bench warrants like these are difficult to recall. So, if the judge revokes your bond, it is usually a good idea to seek the advice of an attorney and possibly turn yourself in and avoid arrest at a random time. Judges normally only revoke bond if the defendant missed a court date or contemptuously violates lesser conditions.
Are These Conditions Permanent?
As a general rule, anything a judge orders can be modified or amended later. An attorney simply needs to convince the judge that the condition is necessary or overly burdensome. Moreover, once the case is resolved, all conditions immediately disappear. That resolution could be a trial or a plea bargain agreement.
For more information about the bail process and explanation about what bail conditions mean contact Fizer Bonding Company (bail bonds Clarksville TN). They offer a FREE bail consultation and 24/7 service. Family-owned and operated, they have served the bonding needs of Montgomery and Robertson Counties for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .
“We’ll get your tail outta jail!”
Fizer Bonding Company in Montgomery County Tennessee
(931) 449-9351
Fizer Bonding Company in Robertson County Tennessee
(615) 667-1109
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