Blog - Fizer Bail Bonds

Understanding How Jail Bail Bonds Work in Clarksville, TN

Tue, 14 Apr 2026 08:41:37 GMT

When someone is arrested, the situation can feel overwhelming and confusing for both the individual and their loved ones. Understanding how jail bail bonds work can make a major difference in navigating this stressful time. In Clarksville, TN, the bond process is designed to allow individuals to secure temporary release while awaiting their court date. With the help of a trusted bonds company, this process becomes faster, smoother, and far less stressful. It is important to understand that a bond is not a penalty but rather a financial assurance that the defendant will appear in court as required. The amount set by the court can vary depending on factors such as the nature of the charges, prior record, and perceived flight risk. Knowing these basics can help individuals make informed decisions and take the necessary steps to secure release efficiently. In many cases, acting quickly is essential, as delays can result in extended time in custody and added emotional or financial strain. Having a clear understanding of the required documentation and the overall process can significantly improve the chances of a timely release.

How the Process Works After an Arrest in Clarksville, TN

After an arrest in Clarksville, the individual is taken into custody and processed at a local detention facility, where personal information is recorded, fingerprints are taken, and charges are officially documented. A judge or magistrate then determines the amount of financial assurance required for release, commonly referred to as a bond. This amount depends on factors such as the severity of the offense, prior record, and flight risk. Working with a professional service for jail bail bonds helps streamline this process and allows individuals to secure release more efficiently while awaiting court proceedings.

Here’s how the process typically unfolds:

Booking and Processing: The arrested individual is entered into the system, and all relevant personal and case details are recorded.
Bond Determination: A court official sets the bond amount based on the specifics of the case.
Contacting a Bondsman: A licensed bondsman is contacted to assist in securing release without paying the full bond amount upfront.
Agreement and Payment: A percentage of the total bond is paid as a fee, and necessary paperwork is completed.
Collateral (if required): In some cases, collateral may be requested to secure the bond, depending on the risk assessment.
Release from Custody: Once the bond is posted, the individual is released with the condition that they attend all scheduled court appearances.

Following release, it is critical for the individual to comply with all court requirements, including appearing at scheduled hearings and adhering to any conditions set by the court. Failure to comply can result in forfeiture of the bond and potential re-arrest.

The Role of a Bonds Company in Helping Individuals Get Released Quickly

A bond company plays a vital role in helping individuals secure a faster release from custody by providing financial assurance to the court system. Instead of requiring the full bond amount upfront, the company steps in to cover the majority of the cost, allowing clients to pay only a smaller percentage along with any agreed terms. This significantly reduces the financial burden on families while expediting the release process. In many cases, experienced agents handle the necessary paperwork, coordinate with detention facilities, and ensure all requirements are met efficiently. By working with professionals who understand local procedures, individuals can navigate the system more smoothly and avoid unnecessary delays when securing jail bail bonds in Clarksville Tn.

Key ways a bond company supports the process include the following:

Financial assistance: Covers the majority of the bond amount so clients don’t have to pay it in full, making release more accessible for families facing unexpected situations.
Paperwork handling: Prepares, reviews, and submits all required documents accurately to avoid errors that could slow down the process.
Faster processing: Communicates directly with detention facilities and relevant authorities to expedite approval and release procedures.
Guidance and support: Walks clients through each step, explaining requirements, timelines, and obligations in clear, simple terms.
Local expertise: Understands Clarksville-specific procedures, court expectations, and facility protocols to minimize delays.
Availability: Often provides 24/7 assistance to respond quickly during emergencies, ensuring help is available when needed most.
Confidential service: Handles sensitive situations discreetly and professionally to protect the privacy of all parties involved.

Steps Involved in Securing Release Bond Services in Clarksville, TN

Securing release bond services involves a straightforward series of steps designed to help an individual return home while awaiting court proceedings. The process typically begins by gathering essential information such as the full name of the individual, booking details, and the detention facility where they are being held. Once this information is provided, a licensed bonds agent evaluates the situation and explains the available options based on the bond amount set by the court. After agreeing to the terms, the client completes the necessary paperwork and pays a percentage of the total bond as a fee. The bonds company then submits the required documentation and coordinates with the facility to facilitate release. Throughout this process, clear communication and timely action are critical to avoid delays and ensure everything is handled efficiently. Working with professionals experienced in jail bail bonds in Clarksville Tn helps simplify each step and ensures a smoother overall experience.

Here are the typical steps involved:

Gather Required Information: Collect the full name of the individual, booking number, charges, and the detention facility location to begin the process.
Contact a bond Agent: Reach out to a licensed professional who will review the case and explain the available options based on the bond amount.
Review Terms and Conditions: Go over the agreement, including payment terms, responsibilities, and any required collateral if applicable.
Complete Paperwork: Fill out and sign all necessary documents accurately to avoid delays in processing.
Submit Payment: Pay the required percentage of the total bond as a service fee to initiate the release process.
Bond Posting: The bonds company submits the bond to the appropriate authorities to secure release approval.
Release and Compliance: Once released, the individual must attend all scheduled court appearances and comply with any conditions set by the court.

professional who can guide you through the process quickly and efficiently. With reliable support for jail bail bonds in Clarksville, TN, you can move forward with confidence knowing each step is handled properly. Contact now to get started and take the first step toward a faster resolution.

24/7 Bail Bonds Service: What You Need to Know

Mon, 26 Jan 2026 18:10:24 GMT

Finding yourself or a loved one behind bars in Clarksville, TN, can be overwhelming, especially if it happens outside traditional business hours. At Fizer Bonding Company LLC, we recognize the urgent need for an effective 24/7 bail bonds service that provides support at any hour. Serving the Clarksville and Montgomery County areas, our experience has shown us how vital around-the-clock help is when facing the stress of the local jail system.

If you need answers about the bail process, you’re not alone. Many families and individuals seek guidance, reassurance, and swift action. In this article, we share essential information about the bail system, common reasons people require a 24/7 bail bonds service, and why choosing the right provider in Clarksville matters.

How the Clarksville and Montgomery County Jail System Works

Understanding how the local jail system operates is key to navigating any arrest situation. Clarksville falls within both Montgomery County and parts of Robertson County, with jail facilities and court processes specific to this region. Jails here are designed for holding individuals who await trial, court hearings, or the posting of bail.

Arrested individuals are typically booked and processed at the county jail, where their personal information is recorded, and a bail amount is determined based on the charges and local regulations. Bail can vary dramatically, making a 24/7 bail bonds service all the more vital for ensuring prompt release, regardless of the time of day.

Our experience providing 24/7 bail bond service in the Clarksville area shows that immediate bail assistance reduces both stress and the risk of prolonged incarceration. For more about how our process works, please read our bail process breakdown .

Why People Commonly Need Bail Assistance

It only takes one unexpected event for anyone to need a 24/7 bail bonds service. The most frequent reasons people turn to our team at Fizer Bonding Company LLC include:

Driving under the influence (DUI) charges
Domestic disputes or altercations
Non-violent offenses like theft or minor drug-related arrests
Missing a court appearance due to unforeseen circumstances
Traffic offenses leading to warrant arrests

Life in Clarksville means dealing with unique local legal requirements. While some individuals may have sufficient funds to post the full bail amount, most residents find themselves needing financial assistance, especially when arrests occur during weekends or nighttime hours. Our commitment to providing a 24/7 bail bonds service ensures families know they have reliable support, no matter when they call.

The Difference: Paying Full Bail Versus Using a Bail Bonds Service

When bail is established, defendants can pay the full amount directly to the court, which acts as a deposit to guarantee their appearance at future court dates. If the accused attends all required hearings, the bail amount is returned after the case is closed.

However, not everyone has immediate access to thousands of dollars. This is where a licensed 24/7 bail bonds service such as ours steps in. At Fizer Bonding Company LLC, we cover the bulk of the bail after the client pays a set percentage (usually around 10%). We then provide the court with a surety bond, guaranteeing the full bail amount if the defendant fails to meet court obligations. This reduces financial strain and ensures a swift release from jail.

Using a 24/7 bail bonds service not only makes financial sense for many in Clarksville but also provides a knowledgeable advocate throughout the bail process. Want to discover more about who we are? Learn about our company’s mission and local experience on our About Fizer page .

Key Benefits of a 24/7 Bail Bonds Service in Clarksville

Timeliness is crucial when you need bail assistance. The local jail system does not pause for nights, weekends, or holidays. Our 24/7 bail bonds service ensures:

Immediate response to emergencies, regardless of the hour
Local expertise in Clarksville and surrounding areas
Empathetic, confidential service during stressful times
Flexible payment options that ease financial burdens
Fast processing, meaning a quicker return home for loved ones

Operating in the Clarksville area, we understand the urgency families face after an arrest. Our two locations make us accessible: Robertson County residents can reach us at (615) 667-1109 , and Montgomery County at (931) 449-9351 .

What to Expect When You Call Fizer Bonding Company LLC

After contacting our 24/7 bail bonds service, our team immediately gathers information about the defendant, clarifies the bail amount, and explains the next steps. We pride ourselves on breaking down the process clearly and professionally so clients understand every obligation.

We handle all paperwork, communicate with the jail, and provide ongoing support throughout the legal process to ensure compliance with court rules. Our dedicated agents are trained in Montgomery County regulations so clients feel supported every step of the way.

Trust Our Experience and Community Commitment

We view every call as an opportunity to serve our Clarksville neighbors with dignity, respect, and efficiency. Providing services in Clarksville for years, we have built a reputation for reliability and integrity. Each case is unique, but our approach to 24/7 bail bonds service always prioritizes compassion and speed.

Contact Us for Dependable 24/7 Bail Bonds Service in Clarksville

When arrests happen, immediate assistance can make a world of difference. If you or someone you love needs a trusted 24/7 bail bonds service, we are here to help at any time. Our deep knowledge of the local system and unwavering dedication mean you can count on us, day or night. Experience tailored, confidential, and swift support by contacting Fizer Bonding Company LLC right now. Your freedom and peace of mind are our highest priorities.

Top 5 Reasons to Choose Us for Jail Bail Bonds

Tue, 14 Oct 2025 14:45:45 GMT

When urgent situations arise and a loved one finds themselves behind bars, the process of securing bail bonds can feel overwhelming. For residents looking for reliable jail bail bonds serving Clarksville, TN, Fizer Bonding Company LLC stands as a trusted ally. Navigating the justice system is challenging, and having a dependable partner throughout the process makes a world of difference. Below, you’ll discover the top five reasons why turning to Fizer Bonding Company LLC for jail bail bonds is the supportive decision you need during uncertain times.

1. Around-the-Clock Availability: We’re Here When You Need Us Most

Emergencies don’t punch a clock, and neither does Fizer Bonding Company LLC when it comes to jail bail bonds. An arrest can happen at any hour, often outside of regular business times. That’s why having access to a provider offering bail bonds in Clarksville, TN, every hour of the day brings tremendous peace of mind.

Fizer Bonding Company LLC maintains 24/7 operations so you’re never left waiting for office doors to open or calls to be returned. Day or night, their responsive team is only a phone call away, ready to offer immediate guidance, walk you through the bail process , and ensure you or your loved one can be released in a timely manner. Their commitment to always being there for Clarksville, TN, residents is not simply a promise—it’s their standing practice.

2. Deep-Rooted Community Reputation

In times of crisis, trust matters. The reputation of a company providing jail bail bonds serving Clarksville, TN, can make or break your experience. Fizer Bonding Company LLC has consistently earned positive word-of-mouth throughout the community, built on years of reliable interactions and successful outcomes.

Their longstanding presence operating in the Clarksville, TN, area means locals regularly recommend their services. This trusted reputation isn’t built overnight; it’s fostered by showing up for neighbors time and again, ensuring every client is treated with dignity and understanding. When you’re seeking support with bail bonds, it helps to know that you’re working with a company whose good name stands strong.

3. Exceptional Customer Care: Navigating the Process Together

Securing jail bail bonds can be confusing and intimidating, especially for first-time clients. Fizer Bonding Company LLC stands out by offering personalized, compassionate service that takes the stress out of the process. During such a difficult period, clear communication and genuine care can be just as important as speedy service.

Clients report that team members take the time to explain each step, answer all questions, and anticipate concerns you might not even have considered. From the first call until the resolution of your case, you are treated as a valued individual, not just another transaction. This attentive approach ensures that your experience with jail bail bonds is as smooth and courteous as possible, reducing anxiety and restoring a sense of control.

4. Local Focus: Knowledge That Works in Your Favor

The bail bonds system varies county by county, with specific rules, contacts, and timelines. Fizer Bonding Company LLC’s extensive knowledge operating in the Clarksville, TN, area benefits clients seeking local support. By regularly interacting with courts, detention centers, and law enforcement agencies, this seasoned team understands the finer details of the local process.

This familiarity allows Fizer Bonding Company LLC to cut through red tape and prevent unnecessary delays. When time is of the essence, such local know-how can make all the difference, getting your loved one home faster and with fewer complications. If you’re looking for jail bail bonds that truly serve Clarksville, TN, it’s wise to choose a team that knows the ins and outs of your local justice landscape.

5. Flexible Payment Solutions for Peace of Mind

Financial strain shouldn’t be an added burden during an already challenging time. Fizer Bonding Company LLC recognizes that every client’s financial situation is unique and offers flexible payment arrangements for jail bail bonds serving Clarksville, TN.

Whether you’re dealing with unexpected expenses or need to stretch your resources, Fizer Bonding Company LLC will work collaboratively with you to find an attainable solution. Their willingness to accommodate various payment methods and timelines demonstrates their dedication to the well-being of Clarksville, TN, residents.

How Fizer Bonding Company LLC Supports Clarksville, TN, Families

When you contact Fizer Bonding Company LLC for jail bail bonds, you connect with a team deeply invested in their community’s welfare. Beyond the five core reasons already shared, their staff is known for treating each client like family. The stress of an arrest affects not only the individual in custody but also those who care about them. Compassionate support, combined with professional know-how, makes the process less isolating and far more manageable.

Residents operating in the Clarksville, TN , area rely on recommendations from friends and neighbors, and stories of Fizer Bonding Company LLC’s approach circulate through workplaces, neighborhoods, and social networks. There’s a reason their name comes up again and again when families need compassionate guidance and reliable assistance with jail bail bonds. It’s the kind of community-focused care that earns loyalty for generations.

Taking the Next Steps for Jail Bail Bonds in Clarksville, TN

Choosing a company for jail bail bonds isn’t just about getting someone out of custody—it’s about building trust, reducing anxiety, and gaining the assurance that everything will be handled correctly and promptly. That’s why so many in Clarksville, TN, turn to Fizer Bonding Company LLC. They are more than a service provider—they are neighbors, supporters, and calm voices in periods of crisis.

If you’re seeking jail bail bonds serving Clarksville, TN, don’t settle for uncertainty. Contact Fizer Bonding Company LLC now at (931) 449-9351 for round-the-clock support, decades of practical knowledge, flexible payment strategies, and a caring team that always has your best interests at heart. Let Fizer Bonding Company LLC be your trusted partner—pick up the phone and take the first step toward resolution, security, and peace of mind today!

Bail Help When You Need It Most in Clarksville, TN

Thu, 24 Jul 2025 16:08:57 GMT

Bail is the critical legal mechanism that allows individuals charged with a crime to remain free while awaiting trial. In the event of an arrest, knowing your rights and understanding how bail works can make a significant difference. For families in Clarksville, TN, the stress and confusion of having a loved one behind bars can feel overwhelming. That’s where Fizer Bonding Company steps in offering dependable, 24/7 bail support to help you navigate the process and secure fast release.

At Fizer Bail Bonds, we focus on simplifying the process so you can focus on what matters most: reuniting with your loved one. Our experienced agents are always ready to provide clear, honest guidance and act quickly on your behalf.

What Is Bail and Why It Matters

Bail refers to the monetary amount set by the court to ensure the accused returns for future proceedings. It's not a fine or punishment but rather a form of security. Once bail is posted, the individual can go home while waiting for court dates. If they comply with all legal requirements, the bail amount is returned, minus applicable fees.

Understanding the nuances of the bail system is essential. Courts consider multiple factors, including the severity of the alleged crime, prior offenses, and the defendant’s ties to the community. These elements determine the amount of bail and the conditions for release.

Why Choose Fizer Bail Bonds?

Fizer Bonding Company has built a strong reputation in Clarksville, TN, by helping families navigate the complexities of the legal system.

Here’s what sets us apart:

24/7 Availability : Arrests don’t follow business hours, and neither do we. We’re available around the clock, ready to take your call and act immediately.
Fast Response : We understand that time is critical. Our team works swiftly to post bail and minimize the time your loved one spends behind bars.
Local Knowledge : With years of experience in the Clarksville area, we understand the local court and jail systems, making us more effective and efficient.
Transparent Fees : No hidden charges. We explain all costs upfront and offer flexible payment plans when possible.

Our goal is not just to post bail, but to provide emotional support and legal understanding in a time of crisis.

Understanding the Bail Process

For many people, the bail process can be confusing. That’s why we’ve created a dedicated page to guide you through every step. Here’s a brief overview:

Arrest and Booking : The individual is taken into custody and processed.
Bail Hearing : A judge sets bail based on the nature of the offense and other factors.
Posting Bail : You contact Fizer Bail Bonds, and we handle the paperwork and payment.
Release : The defendant is released with conditions to attend all court dates.
Case Closure : If all court obligations are met, the bail contract concludes.

Our team handles the complexities, so you don’t have to. We believe that everyone deserves a second chance and the ability to prepare for their defense at home.

When Time Matters Most

Every hour someone spends in jail adds stress to families and increases complications. Lost work, emotional trauma, and legal hurdles can pile up fast. That’s why Fizer Bonding Company offers expedited services designed to move quickly without cutting corners.

Whether it's the middle of the night or during a holiday, our team responds immediately to ensure no time is wasted. Our relationships with local jails and courts give us the advantage of speeding up the process without sacrificing accuracy.

Frequently Asked Questions About Bail in Clarksville, TN

Helping Clarksville Families Reunite Faster

Being arrested can be a life-altering experience, not just for the individual but for their entire support network. At Fizer Bail Bonds, we know the toll it can take on families. That’s why we work with compassion, urgency, and professionalism to reunite you with your loved one as quickly as possible.

We believe no one should face this challenge alone. From explaining the legal process to securing prompt release, we are with you every step of the way. Our clients are more than case numbers, they are people we care about, and we’re proud to be part of their support system.

Contact Fizer Bail Bonds in Clarksville, TN Today

Don’t let an arrest define your future. If you or a loved one needs bail assistance in Clarksville, TN, trust Fizer Bonding Company for fast, reliable help. Contact us we're available 24/7 to support you during this difficult time.

Navigating the Jail System: A Guide to Bail Bonds in Tennessee

Mon, 03 Mar 2025 15:53:33 GMT

Getting arrested can be a scary experience, but knowing about jail bail bonds can make it easier to handle. If you or a loved one is in jail in Clarksville, TN, Fizer Bonding Company LLC is here to help. We are a family-owned business with over 30 years of experience, offering reliable and courteous service. Let's explore how jail bail bonds work and why you should trust us in your time of need.

What Are Bail Bonds?

The Basics of Bail Bonds

A bail bond is a document presented to the court to ensure a defendant's release and appearance at their court hearing. Think of it as a temporary "get-out-of-jail-free" card. When someone is in jail, bail bonds can be their lifeline.

How Bail Bonds Work

A bail bond is essentially a loan between you and a bail bond agent, backed by your promise to attend your court date. Typically, the defendant or a designated person makes a non-refundable down payment to the bail bond agent, which is usually a percentage of the total bail amount.

Navigating the Jail Bail Bonds Process

How Much Down Payment Is Required?

The down payment for a bail bond varies depending on the offense. The court can set bail amounts starting at $1,000 and going up from there. Most people turn to bail bond agents to avoid a prolonged stay in jail when they can't afford the full bail amount.

Who Decides the Cost?

The cost of a bail bond is generally set by law and is typically 10% to 15% of the bail amount. This ensures that the bail bond agent is compensated for their risk.

How Long Does the Release Process Take?

Release times can vary greatly, from as little as 30 minutes to as long as 48 hours, depending on the jail and the state. At Fizer Bonding Company LLC, we do our best to keep you updated throughout the process.

Types of Charges We Handle

Bail Bonds for Drug Charges

Facing drug charges can be daunting, but we provide speedy services, reasonable pricing, and a welcoming staff to assist you as quickly and painlessly as possible.

DUI & DWI Charges

Even if a loved one is arrested for drinking and driving, the team at Fizer Bonding Company LLC is here to help. Contrary to popular belief, even a first offense can result in jail time. We offer free consultations and DUI bail bonds to make the process smoother for you and your family.

Why Choose Fizer Bonding Company LLC?

Experience and Reliability: Fizer Bonding Company LLC has been in business since 1986. Our experienced and fully licensed agents are available 24/7 to assist you.
Courteous and Professional Service: We pride ourselves on being friendly professionals who provide FREE bail bond advice. No bail is too big or small for us to handle.

We’re Here to Help!

When you’re in a tough situation, we understand that every minute counts. At Fizer Bonding Company LLC, we’ll get your tail outta jail! Our team is available 24/7 to serve you in Robertson County and Montgomery County, TN.

Remember, when you need reliable Jail Bail Bonds, Fizer Bonding Company LLC is here to help. Don’t let a difficult situation take away your time, money, or dignity. Contact us today and we’ll do everything we can to get you, a friend, or a loved one out of jail.

Why Speed Matters: The Importance of 24/7 Bail Bonds Service in Clarksville, TN

Fri, 24 Jan 2025 05:29:25 GMT

Need bail fast? Here's why 24/7 bail bond services in Clarksville, TN, can make all the difference. When you or a loved one faces an unexpected arrest, time is critical. The longer someone stays in custody, the greater the emotional, financial, and personal toll. That's why having access to a bail bonding service that operates around the clock is essential.

The Value of Immediate Bail Bonding Services

No one plans to be arrested, and when it happens, it's rarely during business hours. A 24/7 bail bonds service in Clarksville, TN, ensures that no matter when the arrest occurs, help is just a phone call away. The ability to secure a release in the middle of the night or on a weekend can make a significant difference.

Reducing Jail Time with Fast Response

Every minute spent in jail can affect your job, family, and mental health. Quick access to bail bond services minimizes unnecessary time in custody, helping individuals return to their responsibilities sooner.

Avoiding the Negative Impact of Extended Jail Time

Extended time in jail can lead to job loss, strained family relationships, and missed obligations. A fast bail bond service works to prevent these issues by ensuring individuals spend as little time as possible in custody. This not only helps the individual but also supports the community by allowing people to remain productive and engaged.

Accessible Support at Any Hour

Emergencies don't wait, and neither should you. Partnering with a professional that offers 24/7 bail bonding service in Clarksville, TN, offers accessible support no matter the time of day or night. We understand that legal issues can arise at the most inconvenient moments, and we're committed to providing assistance without delay.

At Fizer Bonding Company LLC, our 24/7 bail bonding service in Clarksville, TN, is designed to act fast, providing timely support to those in need. If you or someone you care about needs immediate bail bond services , don't hesitate to contact us today. Our experienced team is ready to help you navigate the bail process quickly and efficiently.

Conclusion

Time is critical when dealing with arrests and bail. A 24/7 bail bonds service ensures that you have immediate access to the help you need, reducing jail time and minimizing the disruption to your life.

Is your family prepared to handle unexpected legal situations at any hour? Reach out to Fizer Bonding Company LLC for prompt, professional assistance.

High Police Turnover is Affecting Criminal Cases

Sun, 14 Aug 2022 01:14:00 GMT

Fizer Bonding Company helps dozens of people every week get out of jail quickly and affordably in Montgomery and Robertson counties. They also keep their eyes on what is going on nationwide affecting people as they defend themselves in the legal system. Quick and easy bail release is a critical component to a person being able to build a defense and have good legal representation. Fizer Bonding Company has also noted that a combination of social and economic forces are hampering police investigations and law enforcement activity nationwide.

Whether you agree or not with your local police department politics, it does matter to most citizens how well their local police department performs its duties protecting citizens, especially in Montgomery and Robertson counties Tennessee. Unfortunately, many departments nationwide are juggling staff to cope with the new normal. “We’re getting more calls for service and there are fewer people to answer them,” said Philadelphia Police spokesperson Eric Gripp, whose department has been rotating employees from specialty units for short assignments to increase patrols. “This isn’t just an issue in Philadelphia. Departments all over are down and recruitment has been difficult .”

Portland is sending “public support specialists” to respond to some calls because the department doesn’t have enough licensed officers. “For me, I wonder what the profession is going to be 20 years from now if we’re having these challenges on a nationwide scale. Are we going to be able to recruit enough people to serve our cities?” asked Portland Police Chief Chuck Lovell, whose force has lost 237 sworn officers through retirements or resignations since 2020.

Probably not coincidentally, Portland saw a record number of homicides in 2021. The 89 homicides were over three times the city’s normal annual rate, and the city is on pace to break that record again in 2022.

Pretrial Matters

Even before the COVID-19 pandemic, law enforcement agencies had very high turnover rates . Post-lockdown, the social situation is worse. When police officers respond with what they view as an appropriate amount of force, people criticize them. When they stand down and react conservatively, people criticize them. Frequently, it’s the same critics in both situations. Very few people line up for jobs like that. Oh, and police work is also physically dangerous. There’s that as well.

Once upon a time, these problems weren’t as severe. For the most part, the generous retirement plan and other perks that most police departments offer could lure people away from more lucrative private security gigs. But that’s no longer the case, at least in many places.

The effects of high turnover and poor recruitment are first felt during initial traffic stops and during search warrant acquisition.

As their ranks dwindle, many sheriff’s offices have pulled deputies off their regular duties and sent them on patrol. So, the deputies who once worked with Montgomery County bail bondsmen at the jailhouse are now pulling over motorists for traffic violations. Sometimes these deputies may not be up-to-date on the latest investigative procedure and legal requirements. So, the chances of procedural errors, like the failure to timely Mirandize a suspect, can increase.

Procedural errors are effective defenses. If prosecutors don’t have enough evidence at trial, investigators can always go back and find more. However, if a law officer made a procedural error, no one can turn back the clock and reverse that mistake.

Issues often arise during the search warrant process as well. Former President Trump is currently in high profile for the search of his Mar-A-Lago Estate home in Florida. Officers who have been on the job for many years have relationships in the community. Frequently, these contacts provide information without expecting money, leniency, or anything else in return. New officers often over-rely on paid informants. Judges closely scrutinize the warrants if an attorney challenges probable cause, since many people will say practically anything for love or money. Of course, this is a broad generalization, but things do happen…..

Trials

Experienced law enforcement officers have usually testified in court hundreds or thousands of times. That’s especially true since many big city police officers, and Clarksville counts as the big city, began in smaller law enforcement agencies. At least, these things used to be true.

Today, many Montgomery County law officers, especially those on street patrol, are almost fresh out of the academy. They may have learned some things in school about how to testify in court. But this training doesn’t prepare them to face a tough cross-examination from a veteran criminal defense lawyer. Usually, only time and experience can give a firm footing in the courtroom.

Frequently, lawyers use seemingly minor discrepancies to completely discredit police officer witnesses. Additionally, many new officers aren’t used to questions like “Why did you destroy your field notes?” Field notes are like scratch paper that officers use to prepare their final reports. Once a police officer or any other witnesses loses his/her credibility, especially with skeptical jurors, it’s almost impossible to regain it.

Trials are almost unheard of in jail cases. The wait, even for a bench trial date, could be several weeks. Almost no Clarksville inmate wants to spend that much time sitting in a jail cell and waiting for his/her day in court. At Fizer Bonding Company , we unlock the possibility of a trial,with affordable and fast bail bonds, by unlocking the cell door and freeing people before their trials. “We’ll get your tail outta jail”

These evidence problems often create an opportunity for a favorable plea bargain agreement. Frequently, these agreements include a reduced sentence, such as probation as opposed to jail time. Probation isn’t a good option for everyone, but it is a good option for most people. Reduced charges are also common in these matters. For example, prosecutors might drop aggravated assault charges to simple assault.

Post-Conviction Relief

Probation officers and arresting officers often object to expungement, pardon, and other post-conviction relief petitions. If the arresting officer is no longer with the department, the defendant has a better chance of obtaining the requested relief. Peace officer employment turnover is a factor here.

Expungement, or more commonly sealing, is like burying the criminal conviction on a deserted pirate island. The conviction still exists, but only a select few people know where X marks the spot. These people usually include judges, law enforcement officials, and certain licensing bureaucrats. As far as potential employers, landlords, and other members of the general public are concerned, the conviction does not exist when they go to check a person’s criminal records for a background check.

Typically, the arrest record is still visible to everyone on the side of the public. But almost everyone knows there’s a big difference between an arrest and a conviction. For that reason, most employers and other such people only care about convictions. So, although the Clarksville booking record remains, it’s not a big deal.

Executive pardon isn’t nearly the long shot that some people think it is. Statistically, most governors grant about 10 percent of the pardon applications they receive. That’s not a lot, but it is a statistically significant number. The chances of obtaining a pardon increase if no one, such as the arresting officer, opposed the application.

These are just a few points of conversations that a defendant will have with their attorney. With high police turnover happening nationwide, getting out on bail with Fizer Bonding Company is more important than ever. If you were booked into a Montgomery County jail, call Fizer Bail Bonds today. We have the lowest 10% bail bond fees and over 35 years of bonding experience in Montgomery and Robertson counties. Our fast, respectful, and courteous bail bond services are available 24/7! More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and the Robertson County Chamber of Commerce .

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

**Disclaimer**Be advised that www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice consult with a competent attorney in your jurisdiction. www.fizerbailbonds.com provides information only and the site may include inaccuracies or typographical errors. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

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Pretrial Release in DUI Cases: A Complete Guide

Sat, 23 Jul 2022 03:23:00 GMT

In the late 1980s, officials at all levels of government launched a campaign to take “drunk drivers” off the road throughout the US and Montgomery and Robertson, Tennessee counties. DUI checkpoints and a lower BAC level were two main linchpins of this campaign. From one perspective, this campaign failed. The percentage of alcohol-related crashes is about as high today as it was back then. From another perspective, this campaign worked. The number of drunk driving arrests skyrocketed in the 1990s and Fizer Bonding Company bail bondsmen got your “tail outta jail” fast!

In some parts of the country, the number of DUI arrests has dropped recently. But not in Montgomery County. Despite coronavirus lockdowns in the first half of the year, DUI arrests doubled in 2020. So, if you drink and drive, there’s a good chance “John Law” will take you off the road, at least temporarily, until you or a loved one can call Fizer 24/7 at (615) 667-1109 to get you out of jail quickly and affordably .

Most DUI cases are first-time offenses, and most DUI defendants are white men in their 30s or 40s who have never been in trouble before. Tougher laws were part of the aforementioned DUI crackdown, and these tougher laws often take some people by surprise. Making matters worse, since most DUI defendants have no criminal record, they have little or no idea what to expect.

Public safety concerns make the pretrial release issues in these cases very complex, for both defendants and for a Fizer bail bondsman near you. The law imposes some additional hurdles. So, if you are arrested for DUI, only an experienced Clarksville, TN bail bondsman from Fizer Bonding Company has the expertise to quickly get you out of jail. Furthermore, only an experienced legal professional gives you the tools you need to stay out of jail. This is why a lawyer has the best chance to successfully resolve the charges when you have been arrested and released on bond.

Presumptive Release

Most DUI cases are one-charge cases. Authorities charge the defendant with DUI, or perhaps enhanced DUI, and nothing else. Usually, the sheriff sets presumptive bail amounts in these cases. These presumptive amounts are a little like menu prices at a restaurant. The fancier or bigger the dish, the higher the price. Likewise, presumptive bail amounts are lower in less serious misdemeanors and higher in more serious felonies.

We use the term “presumptive amount” because a lawyer can often reduce the bail amount at a subsequent hearing. More on that below.

For now, let’s focus on immediate release, because that’s what most people want. There are basically two kinds of presumptive release bail in a DUI:

OR (Own Recognizance) bail might be available in a few DUI cases. However, because of the aforementioned public safety concerns, OR release is usually unavailable.

Bail Reduction Hearing

Some DUIs are multi-charge cases. For example, if Jake hits another car and kills two people, authorities will probably charge him with two counts of DUI-manslaughter. Usually, sheriffs don’t set presumptive bail amounts in these situations.

Incidentally, in a serious injury or death situation, you can throw that $1,500 bail figure out the window. Presumptive bail in a serious case, is usually set at least fifty times higher than the normal amount.

In these matters, a lawyer typically schedules a bail reduction hearing. This hearing, which usually happens about three days after the arrest, is based on the Eighth Amendment’s requirement of reasonable bail in criminal cases . To determine what’s reasonable in a given situation, the judge usually examines a number of factors, including:

Frequently, the lawyers settle these matters out of court. For example, prosecutors might agree to a low bail amount if the defendant agrees to an advanced IID (Ignition Interlock Device).

Common Conditions

An IID, or ignition interlock device, is one of the most common bail conditions in Tennessee DUI cases. And, the defendant is the person responsible for paying for the device and installation.

A mechanic attaches an IID, which is also known as a blow-and-go, to the vehicle’s ignition. The defendant must provide a breath sample to start the car. If the sample is above a preset limit, usually .04, the IID disables the ignition. Furthermore, when the car is in motion, the defendant must submit periodic rolling samples. Too many rolling refusals, or a rolling failure, disable the ignition, so the car won’t restart.

Some simple adjustments, like a higher BAC limit or a lower rolling sample requirement, make these gadgets a lot easier to live with. Fizer Bonding Company can usually make a referral or arrangements in this area.

Many judges also add an alcohol evaluation requirement. It may seem strange, but non-alcoholics usually have the hardest time completing these evaluations. If a counselor asks Ben if he has a problem with alcohol and Ben says “no,” the counselor might believe Ben is in denial. Once again, a bondsman connects defendants with counselors who help them with these and other issues.

All bonds have some generic conditions, such as remaining in the county, checking in with an agent, keeping current contact information on file, and stating out of legal trouble.

Dealing with Bond Forfeiture Issues

Frequently, an ounce of prevention is worth a pound of cure in this area. If a bail bondsman near you tailors conditions within the law, the chances of bond forfeiture drop significantly. For example, if Mike’s brother lives in Robertson County, a bondsman or attorney from that area can often help, in asking the judge to modify or eliminate the no-leaving-town requirement.

Additionally, defendants who immediately address problems rarely have to go through the bond forfeiture process. A missed check-in usually isn’t a major deal, unless the defendant makes excuses instead of making it right.

Briefly, if a defendant violates any bail condition, the judge could forfeit the bond and issue an arrest warrant. So, the defendant is subject to rearrest at any time. It’s usually best for defendants to voluntarily surrender in these situations. The rearrest process usually doesn’t take too long if the defendant surrenders in the middle of the day and in the middle of the week when access to regular working hours and staff is available.

For a DUI bail bond or more information about the bail bond process , contact the Montgomery County bail bonds agents at Fizer Bonding Company . Our bondsmen are available 24/7 and our family owned business respects your privacy and our bond agents treat you with respect. More value added FREE information can be found in our online articles .

Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and the Robertson County Chamber of Commerce .

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

The post Pretrial Release in DUI Cases: A Complete Guide appeared first on Fizer Bail Bonds .

July is the New January

Mon, 18 Jul 2022 00:15:00 GMT

So far, it’s been a busy year for Fizer Bonding Company in Roberston and Montgomery county Tennessee. Although Covid-19 illness is still with us, the world wide pandemic shut down is behind us. Inflation is raging, the Supreme Court overturned Roe vs. Wade, and Khloe Kardashian turned 38 years old (for those who are counting). The spate of new Tennessee laws which took effect on July 1, 2022 may have been more like what comes along each January, and been lost in the shuffle of the July 4th holiday. But, many of these laws directly affect bail bonds in Montgomery County.

The pretrial release process itself remains the same. Clarksville inmates who partner with a Fizer bail bondsman are usually entitled to immediate jail release. Defendants who comply with all conditions usually remain out of jail until the judge’s gavel falls.

At Fizer Bonding Company , we “get your tail outta jail” fast, both for personal reasons and legal reasons. Infectious diseases, like coronavirus, are very common in jails. Additionally, people who are in jail cannot work, spend time with family and friends, or do anything else they currently enjoy doing and need to be doing to keep their families together. Jail release is also important for legal purposes. Most people, including most judges and jurors, naturally assume that if the defendant is in jail, the defendant probably did something wrong.

House Bill 978

This controversial provision, which criminalizes homelessness according to critics, makes it a class C misdemeanor to camp near a highway. HB 978 also makes it a class E felony to camp on state-owned property if the defendant knew the land wasn’t specifically designated for such purposes.

There’s a world of difference between a misdemeanor and a felony, especially in terms of their collateral consequences.

Basically, a C misdemeanor is a traffic ticket. Usually, peace officers cannot arrest people for these violations. Instead, peace officers can only issue citations. These convictions usually don’t go on a person’s permanent record.

Felonies are a lot different. Most felons lose key civil rights, such as the right to vote and the right to own a firearm. People with felony convictions often have a hard time finding a good job, especially one that requires a state-issued license, or finding a nice place to live when a background check is done for lease approval. Many felonies also have serious consequences in family court and immigration court.

So, when felonies go to court, attorneys often focus on reducing the felony charge to a misdemeanor. Some defendants raise their eyebrows in these situations, thinking that their lawyers want them to plead guilty to something they didn’t do. But when it comes right down to the actual court date, an attorney will probably point out that a sure-thing plea bargain, especially a charge reduction plea bargain, is usually better than a risky trial.

House Bill 1018

In the wake of recent mass shootings, many politicians want to “do something about it” without significantly affecting gun owner rights. This legislation is just such a compromise . HB 1018 allows the state to run periodic background checks on concealed weapons licensees and revoke those licenses if the license check makes the person ineligible to possess a weapon.

Lawmakers hope this bill will keep guns out of the hands of dangerous people. More than likely, however, the bill may increase the number of Clarksville bookings that Fizer Bonding Company will respond to when their friend or loved one calls (615) 667-1109 to get them outta jail quickly and for the lowest cost around, on an illegal weapons possession arrest. In many cases, licensees may not know about the state action. Generally, the state sends the revocation notice to the last address on record, which often isn’t correct. So, a license holder could be in for quite a shock when an officer tries to verify it.

It often happens that possession cases don’t hold up in court because prosecutors must establish three elements (proximity, control, and knowledge). Furthermore, the state must prove each element beyond any reasonable doubt.

House Bill 2270

Nicholas’ Law (we must admit we don’t know who Nicholas is) amends repeat offender guidelines for persons convicted of boating while intoxicated . The biggest change is a requirement to provide a negative substance abuse test as a condition of license reinstatement.

Drivers’ license loss may be worse than jail time or probation in DUI cases. Most misdemeanors include suspensions of nine to twelve months. Felony suspensions are a lot longer. Frequently, the penalty for driving on a suspended license is worse than the penalty for the underlying infraction.

Non-DUI suspensions, like too many points on a license, are common as well. The state can also suspend drivers’ licenses for non-safety reasons, such as nonpayment of child support.

Many people think when the suspension period ends, their licenses magically become valid again. That’s not how it works, at least in this context. The suspension remains in effect until the defendant jumps through some hoops, like paying a reinstatement fee and providing proof of insurance.

Tennessee has very harsh mandatory license suspension laws. Tennessee’s generous occupational license laws tend to balance things out. Most people are eligible for broad licenses which allow them to drive to and from work, to and from school, to and from the grocery store, and for most other essential personal reasons.

House Bill 2657

The “ Transparency in Sentencing For Victims Act ” requires judges to inform crime victims of all factors influencing a criminal sentence. It also requires them to estimate the amount of time a person serves before becoming eligible for release.

Technically, crime victims are material witnesses in criminal cases. They have no influence over decisions like whether the prosecutor dismisses the case, cuts a deal, or proceeds to trial. That’s why domestic assault victims cannot “drop” criminal charges. This bill gives victims a little more say-so in the process. They still have no direct influence over these decisions. But if they post on social media, they have more ammunition to blast the judge and/or the prosecutor on TikTok.

Speaking of cutting a deal, plea bargains resolve about 98 percent of criminal cases. Criminal trials, except in very high-profile cases, are almost unheard of. Generally, people who are out of jail can bide their time and wait for the best offer. People who don’t call Fizer Bonding Company to get their tail outta jail might be tempted to take the first offer, no matter how unfavorable it is.

Senate Bill 82

As far as Fizer Clarksville bondsmen are concerned, this is the big one. This law requires additional bail conditions in subsequent DUI cases. These conditions include an IID, residential rehabilitation, and other conditions which are currently discretionary. A judge may override the requirement, but only if the action is deemed not “in the best interest of justice.”

IIDs (Ignition Interlock Devices) are basically portable Breathalyzers which mechanics attach to vehicle ignitions. The vehicle won’t start, or won’t restart, if the defendant fails to provide a sample or fails the breath test.

Back in the day, IIDs were relatively easy to circumvent. Anyone could blow into the tube. Nowadays, these gadgets usually have digital cameras. So, an IID isn’t completely foolproof, but it’s close. IIDs are also mandatory in most other states.

Residential rehab usually isn’t appropriate after a first-time DUI conviction. But a second conviction, especially relatively soon after a first conviction, probably indicates that the defendant has an issue with alcohol. So, this additional condition isn’t too over the top either. Given the substantial public safety issues in subsequent DUI cases, we’re basically okay with these changes. However, it’s important that defendants are aware of them from the start, so there are no surprises when it comes time to bail conditions and jail release.

For more information about bookings in Montgomery County and 24/7 bail bond release, contact Fizer Bonding Company . We are family owned and operated and have been serving our community for 40 years with compassion and understanding for the stress it can bring to the family. We work hard to make our bail bond services the lowest price around and get you outta jail fast. More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and the Robertson County Chamber of Commerce .

“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

**Disclaimer**

Be advised that www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice consult with a competent attorney in your jurisdiction. www.fizerbailbonds.com provides information only and the site may include inaccuracies or typographical errors. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post July is the New January appeared first on Fizer Bail Bonds .

Beyond a Reasonable Doubt: What Does It Really Mean?

Fri, 24 Jun 2022 05:17:00 GMT

You just asked a mouthful. The official dictionary definition of reasonable doubt in Tennessee, and we aren’t kidding about this, is “the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.” Wow, this is a very powerful definition statement, that just begs for Fizer Bonding Company , “getting your tail outta jail asap”! They do this affordably, quickly, and easily, every day 24/7 in Robertson and Montgomery counties in Tennessee.

To better define this important concept, some courts improvise. One popular definition is that a reasonable doubt is not a possible or imaginary doubt. That definition isn’t much better. If I say a pangolin is not a bullfrog or a canary, you still don’t know what a pangolin is. Another popular definition is that a reasonable doubt is an abiding conviction of guilt. That’s a better definition, assuming you know what “abiding” means in practical terms. You can see why calling Fizer Bonding Company to get you or a loved one out of jail quickly in Montgomery and Robertson counties is the best idea and the most important call to make (615) 667-1109 .

Getting it right is important. If the judge includes an incorrect reasonable doubt definition in the jury instructions, a convicted defendant could have grounds for a successful appeal, regardless of the evidence in the case. If the judge includes an unhelpful definition, jurors have no idea what they’re doing.

Getting out of jail is even more important. Procedural defenses and criminal appeals aren’t realistic options for incarcerated defendants. Most Clarkisville inmates in this situation immediately plead guilty, no matter what the state can prove. At Fizer Bonding Company , our Montgomery County bail bonds agents allow lawyers to use the best weapon available in a criminal defense, which is a lack of evidence.

Preliminary Matters

But, we’re getting ahead of ourselves, talking about beyond a reasonable doubt. Before the guilt or innocence phase begins, the state must prove officers had reasonable suspicion for the stop and probable cause for the arrest.

Generally, officers see people committing traffic violations, or the officer spots a non-moving violation, like an expired dealer tag, and pulls the defendant over. Reasonable suspicion might seem clear in such situations, but not so fast.

Basically, reasonable suspicion is an evidence-based hunch. It’s not a hunch based on evidence. For example, many people get nervous when they see squad cars, even if they have nothing to hide. If a motorist nervously looks in the rear view mirror, the officer cannot follow the motorist until s/he commits a traffic violation, pull over the motorist, and claim the stop was valid. That’s not reasonable suspicion. That’s profiling.

Probable cause for an arrest is a higher standard. In 2015, an Iowa federal judge ruled that officers had probable cause to arrest a man who was traveling 1mph over the speed limit . 1mph is within a RADAR gun’s margin of error, so officers knew the charges wouldn’t hold up in court. Nevertheless, “it is only necessary for the government to show probable cause that the defendant was driving in excess of the speed limit. It has done so here,” the court ruled.

The point here is that officers had solid evidence of speeding. They didn’t estimate the driver’s speed at 1mph over the limit. They knew his exact speed. Reasonable suspicion requires solid evidence of illegal activity. Probable cause requires solid evidence of the charged offense.

Evidence at Trial

Lack of reasonable suspicion and/or probable cause means the case never makes it to trial. If the case does in fact get that far, possible defenses include a complete lack of evidence and a lack of compelling evidence.

Complete Lack of Evidence

If a judge suppresses physical evidence, there’s no proof of physical possession of contraband. Likewise, the state must prove every element of every offense beyond a reasonable doubt.

Usually, judges rule on the admissibility of evidence at a pretrial suppression hearing. Two doctrines, fruit from a poisonous tree and warrantless searches or seizures, come into play at these hearings.

Assume Officer Steve pulls over Michelle for speeding. Pain medication is found in her vehicle. Michelle admits she doesn’t have a prescription for the pain pills in her glove compartment. That looks like an open-and-shut drug possession case, right? Wrong.

Officer Steve didn’t inform Michelle of her right to remain silent. As a result, any evidence Officer Steve obtains, such as illegal pills, is fruit from a poisonous tree.

To explain lack of evidence on a key element, let’s change the facts a bit. Assume Michelle runs off the road and into a tree. Someone sees her inspecting her car from the outside and calls the police. Officer Steve arrives on scene, Michelle flunks a breath test, and Officer Steve books Michelle into a Clarksville jail. Once again, this case isn’t nearly as straightforward as it seems.

Remember that the “D” in DUI stands for “driving.” Officer Steve cannot testify that Michelle was driving the car. The unnamed witness cannot testify to that fact either. Granted, she was standing near the car, which may be enough to prove she was driving it. However, the burden of proof is very high, so it is not guaranteed that there will be “proof” available of her driving.

Partial Lack of Evidence

Not just any ol’ evidence will do. Physical evidence must be untainted and testimonial evidence must be compelling. In civil court, shaky evidence is often good enough, because the burden of proof is low. “Shaky evidence” doesn’t fly in criminal court. No hemming and hawing in criminal court will be tolerated.

As long as we’re talking about DUIs, let’s consider breath test validity. Like all machines, Breathalyzers aren’t perfect. In fact, they’re often inaccurate, especially if they haven’t been properly maintained and calibrated. In 2021, a Massachusetts judge excluded about 10,000 Breathalyzer test results , due to accuracy and calibration issues.

Other physical evidence may have chain of custody issues. Typically, physical evidence, like the seized drugs in the first example, go from the scene to a police station, to an evidence locker, then onto a courtroom. A gap in the chain of custody means a question as to the evidence’s reliability. Just here, we have evidence changing in 4 different hands.

What makes testimonial evidence compelling? The answer to this question varies in different situations. Any substance use, like alcohol use, undermines witness testimony. The same thing is true if the witness is possibly biased, perhaps because the witness has a relative who is a police officer.

We have briefly touched on just a few of the areas where reasonable doubt can be tested and resisted, when you have been arrested. Call Fizer Bonding Company for a fast, compassionate, understanding bail bondsman. If you were booked into a Montgomery County jail and want a lawyer to have the best chance to defend your case, contact Fizer Bonding Company . We offer fast, respectful, and courteous 24/7 bail bond service! More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

**Disclaimer**

The post Beyond a Reasonable Doubt: What Does It Really Mean? appeared first on Fizer Bail Bonds .

Supreme Court Forces TBI to Follow Expungement Order

Mon, 20 Jun 2022 01:09:00 GMT

We all know the importance of getting out of jail quickly when the handcuffs go on. The Fizer Bonding Company family owned and operated bail bondsman, have been helping everyone, from rich and poor, to young and old, bond out of jail in Robertson and Montgomery counties Tennessee, for over 40 years. We also know getting out of jail quickly and having legal representation for charges is critical to a powerful legal defense. This becomes even more important if the Tennessee Bureau of Investigation disagrees with a court’s record expungement order, because today it is bound to follow it, per a recent decision from the Tennessee Supreme Court.

In February 2019, the defendant applied for record expungement in McNairy County Circuit Court. The judge granted that petition. A few months later, the defendant learned the TBI hadn’t erased its records in accordance with the court order. TBI bureaucrats maintained that, per the statutes, the defendant wasn’t eligible for expungement.

The Supreme Court basically ruled that the judge, and the judge alone, has the final word as to who is eligible for expungement and who is ineligible. Additionally, the TBI cannot ignore a court order, even if the agency believes the order is incorrect. Let’s take a look at some of the areas around this order and how it can affect a person who has been arrested.

Expungement and Jail Release

An expungement order erasing a criminal record doesn’t appear out of nowhere. Instead, it’s the end result of a long process that begins with “getting your tail outta jail” 24/7 with Fizer Bonding Company (615) 667-1109 . Generally, defendants who stay behind bars before trial, even if that detention only lasts a few days, quickly plead guilty, so they can get it over with.

As far as many judges are concerned, expungement isn’t available to people who roll over and play dead, even if they meet the minimum qualifications. Taking responsibility for one’s actions isn’t enough. Additionally, defendants must show mitigating circumstances and genuine repentance.

Basically, mitigating circumstances aren’t a legal defense. Instead, these circumstances put the crime into context. If Max shoots Rick, because Rick was off alone with his lady, that doesn’t change the fact that Max shot Rick. But, that explanation does make Max seem less violent.

Genuine repentance is a self-motivated repentance. One where others truly believe that if Max had taken the time to make a different decision, that he would most certainly have done so, and he regrets the actions as he committed them. Incarceration motivates people not to get caught again, but it doesn’t motivate them to change their lives, at least in most cases. Pretrial release gives defendants an immediate opportunity to demonstrate positive life changes. Remember, pretrial release begins with a quick and easy call to Fizer Bonding Company .

Pretrial release is available in a few situations. Cash bail is an option for some people that have several thousands of dollars just laying around. But for most people, pretrial release means working with a Clarksville, TN bondsman with Fizer Bonding Company.

The bail bond process usually starts with a phone call (615) 667-1109 to Clarksville TN Fizer bail bondsman where they clearly go over all the terms and conditions of pretrial release with simple, affordable and easy payment options. These terms vary in different jurisdictions and for different offenses. Some common conditions include:

Some of these conditions involve a little wiggle room for special accommodations that your bondsman can try to secure for you. For example, if the defendant lives in one county and works in another one, a bail bondsman near you may be able to modify that condition with the permission of the court.

The conditions of bond last until the case is resolved. Guilty pleas resolve most criminal cases. This means probation is given in most cases. Frequently, probation conditions are very similar to bail conditions. So, a Fizer bonding agent sets their clients up for success. The big difference here is, a supervision officer from Fizer Bonding Company is always on your side, unless you break bail conditions…

The terms and conditions of bail aren’t set in stone either. An attorney can modify them later, if need be. Additionally, if the defendant fails to uphold all conditions, an attorney can advocate for a defendant during bail forfeiture proceedings.

Informal Expungement

As mentioned, mitigating circumstances are different from a legal defense. This defense is usually necessary to guarantee informal expungement. If a possible defense exists, prosecutors are more likely to offer pretrial diversion or deferred disposition, the two most common informal expungement vehicles.

If an attorney has time to thoroughly investigate a matter, a lawyer may try to uncover at least one defense in one of the following areas:

The defense doesn’t have to be strong enough to hold up in court. It just needs to be strong enough to make prosecutors think twice before they take a case to trial.

Prosecutors have almost complete discretion when it comes to pretrial diversion. Usually, if the defendant complies with basic program requirements, like performing community service and completing some self-improvement classes, such as a substance abuse evaluation or anger management class, prosecutors may dismiss the case. Most of these programs last a few weeks.

Prosecutors could also offer deferred disposition, a special kind of probation in the Volunteer State. Basically, deferred disposition is extended pretrial diversion. Deferred disposition probation is usually several months in a misdemeanor and several years in a felony. Once again, if the defendant successfully completes the program, the judge dismisses the case.

Speaking of judges in deferred disposition cases, a judge could also unilaterally grant deferred disposition, if the prosecutor doesn’t offer it. Both forms of informal expungement erase the judicial record, but the arrest record remains.

Formal Expungement

In 2017, one of the most generous record expungement law s in the country took effect in Tennessee. Eligible defendants may erase a prior conviction, even if they have a criminal history. As mentioned in the above story, this erasure applies to both judicial and law enforcement records.

Only some offenses are eligible for expungement. Click here to see a list. In case you’re wondering, and you probably are, DUI isn’t eligible for expungement, but DWI (driving while impaured, a lesser-included offense) is expungeable. Defendants must wait five years to file expungement petitions. The clock starts ticking when the defendant is released from court supervision, not when the judge’s gavel falls.

These minimum qualifications are quite straightforward. However, the judge has the final say, which is why the aforementioned additional requirements are important.

Speaking of importance, it’s important to strike while the iron is hot. Generous expungement laws, like the one in Tennessee, usually don’t last long. So, if you have been convicted of a criminal offense since 1989 and you meet the minimum requirements, reach out to a lawyer ASAP.

For more information about the bail bond process for Clarksville arrests, contact the Montgomery County bail bonds professionals at Fizer Bonding Company . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . More value added FREE information can be found in our online articles .

“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

The post Supreme Court Forces TBI to Follow Expungement Order appeared first on Fizer Bail Bonds .

Drink, Drive, Go to Jail?

Mon, 30 May 2022 19:33:00 GMT

The lock down is over and the mask mandates are gone. Summer is on the horizon and Fizer Bonding Company , premier provider of bail bonds in Robertson and Montgomery counties, wants to wish everyone a 2022 Happy Memorial Day. The start of summer is a great time to pop a cold one and get the drink blender out from under the cabinet. Let’s take a trip down memory lane looking at laws surrounding getting in trouble for making a toast and having good cheer.

New York was the first state to make this threat. Lawmakers in the Empire State passed a DUI law in 1910 . Driving while intoxicated, a vaguely-defined offense, was punishable by a year in jail and a staggering $1,000 fine. Remember, driving was new to streets lined with buggies and horses so this law was highly targeted to the rich who could afford the horseless carriage. This is equivalent to over $30,000 in today’s dollars. But, these possible punishments could add up to almost the same thing in today’s Tennessee if you put together all of the costs from arrest to bail and the completion of court proceedings, plus attorney and other miscellaneous fees. Robert Borkenstein, the father of the Drunk-O-Meter, invented the Breathalyzer in 1953. Nevertheless, DUI prosecutions were uncommon and mostly unsuccessful until the 1990s.

In that decade, the efforts of MADD, Mothers Against Drunk Driving and other advocacy groups, which began in the early 1980s, started bearing fruit. Many states, including Tennessee, lowered their BAC limits and otherwise got tough on DUI. At the same time, courts approved some controversial enforcement tools, like roadside sobriety checkpoints. This trend continues. Several years ago, Utah lowered the BAC limit to .06, and many states began passing failure-to-submit laws which criminalized breath test refusal.

DUI prosecutions have changed a lot over the years. But the need to get out of jail quickly with a Fizer bondsman , remains the same. DUI cases are very time-consuming. There’s lots of physical and scientific evidence to review. At Fizer Bonding Company , our Montgomery County bail bonds agents arrange for prompt and affordable jail release. So, your lawyer has plenty of time to review all your options.

Preliminary Matters

If the defendant is still in jail, (which is why it is so important to get out on bond) most attorneys don’t have time to thoroughly review the charging instruments, like the information, which is like a grand jury indictment. That’s a shame, because about one in ten of these documents has an error. And about one in ten of these cases involves a serious error, that could mean serious consequences, for the defendant that does not have a vigilant defending attorney. That doesn’t sound like much, unless your case is the one with the serious error.

Lack of Jurisdiction

If you go through Clarksville booking, you could theoretically spend the night in jail anywhere in the state. When these cases go to court, things are different.

Montgomery County judges only have jurisdiction over Montgomery County criminal matters. Many communities straddle the line between Montgomery County and another jurisdiction, like Robertson or Stewart County.

DUI collision cases are another possible problem. Frequently, the defendant lives in one county and the wreck was in another county.

In these situations, the state must file charges where the offense occurred. There are no ifs, ands, or buts.

Theoretically, wrong county cases are easy to fix. Prosecutors must simply start over in the correct jurisdiction. Practically, however, there are issues. Most prosecutors don’t like to start over. Sometimes they would rather cut a deal and move onto other matters.

Variance

Typos and transcription errors are quite common in charging instruments. Information gets copied and recopied so many times that mistakes are almost inevitable. Think of the merry go round effect. A single statement is read from a piece of paper starting with one person and is repeated to the next person, till it goes around the room and the last person says the statement out loud…usually it is way off from the original one on the piece of paper it started out as.

Not all such mistakes are fatal errors. Smith/Smythe is the classic example. Sometimes, however, there’s a variance between the pleadings and the proof. If the pleadings state the defendant was driving a Ford and she was driving a Chevrolet, the state cannot prove an important element of the case; the actual vehicle being driven.

On a related note, there are several ways to prove DUI, as outlined below. If the pleadings reference a nonexistent breath test, a judge could throw the case out of court.

Field Tests

Most DUI trial cases are refusal cases. The conviction rate in test cases against Clarksville inmates is over 80 percent . So, in many cases, challenging chemical test results isn’t a lost cause, but it’s close. The three approved Field Sobriety Tests all have some serious issues.

Horizontal Gaze Nystagmus

The first test in the three-test battery is also the most controversial one, not because it doesn’t work, but because it works too well.

Nystagmus, a condition also known as lazy eye, is very common. Muscle weakness in the eye causes involuntary pupil movements at certain viewing angles. Alcohol intoxication causes nystagmus. A mild childhood brain injury is also a much more common cause. Since the symptoms aren’t very serious, most people who have nystagmus don’t know they have it. In other words, what appears to be evidence of intoxication could arguably also be evidence of a childhood or teen brain injury.

Mostly because of this weakness, many Robertson County judges only allow prosecutors to use HGN evidence for limited purposes.

One-Leg Stand

Somewhat similarly, by the book, the OLS is sure-fire proof of intoxication. But in the real world, things are different.

The one-leg stand, like the walk-and-turn, is a divided attention test. According to scientists, intoxicated people cannot multitask. So, during the OLS, the administering officer looks for physical and mental clues, such as:

Some of these intoxication clues are very ticky-tack. Officers may testify that the defendant “failed” the test, even if s/he clearly scored a seven or eight out of ten. Many people over 40 years old routinely complain about aching joints and bad balance. Others joke they could fail the OLS test on their best days. The jury gets a chance to grade the paper, and in most cases, the grade jurors assign is the only one that counts.

Walk and Turn

This test, which is also known as the walking a straight line test, is much like the OLS. It’s a divided attention test which assesses mental acuity (ability to follow directions) and manual dexterity (ability to, you guessed it, walk a straight line).

Whether you are drunk, sober, or somewhere in between, walking a straight line heel to toe is quite difficult. That’s especially true if this test is the last one officers administer. By that time, most defendants are pretty sure they’re going to jail. As a result, they usually just go through the motions on the WAT.

Chemical Tests

This section will be rather brief. As mentioned, the chemical test conviction rate is quite high. Remember the old DuPont saying, “better living through chemisty”. But, the situation isn’t hopeless. In a borderline BAC case, like a .08, the Breathalyzer’s high margin of error, which could be as much as 50 percent , may come into play.

Additional factors, like personal illness, could push the margin of error even higher. As a rule of thumb, every one degree of a person’s internal temperature, above 98.6 degrees increases BAC readings by .08.

Technical flaws could be a factor as well. For example, Breathalyzers often mistake ketones for ethanol. Diabetics, smokers, people who are fasting, and many other situations can give people naturally high ketone levels.

For more information about getting out of jail quickly if you have been arrested for drunk driving and at the lowest prices around (10% premium of the bond), contact the Clarksville, TN bail bondsman at Fizer Bonding Company . Our bondsmen are available 24/7 and we will respect your privacy and treat you with respect, even at 3:00 am in the morning!

More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and the Robertson County Chamber of Commerce .

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

The post Drink, Drive, Go to Jail? appeared first on Fizer Bail Bonds .

Lawmakers Mull Criminal Justice Reform

Fri, 13 May 2022 19:43:00 GMT

A trio of bills currently pending in the state legislature could significantly affect the criminal justice process in Montgomery County. Fizer Bonding Company , serving clients throughout Montgomery and Robertson counties, is watching these bills closely as they could potentially impact citizens needing to get out of jail quickly with their local Fizer bondsman .

According to the State Department of Corrections, a little more than half of DOC inmates are unsentenced. Pending legislation would address some issues in this area. SB 2377 would require authorities to alert interested parties prior to hearings. House Bill 2355 adds new bail bond company regulations, and Senate Bill 1791 makes some changes to bail reduction hearings.

Some have said that these proposals may never become law. They face considerable opposition from “tough on crime” conservatives. Additionally, some liberals oppose them as a misallocation of resources. With opinions fierce on both sides, Fizer Bonding Company wants citizens to know that their bonding services get everyone out of jail fast with respect, dignity, and the lowest rates around (usually only a 10% premium of the bond)

Conditions of Bail

Senate Bill 2377, the automatic notification law, is mostly aimed at crime victims. Generally, unless crime victims are material witnesses, which means the state can’t make the case without their testimony, crime victims are generally left in the dark throughout the process. They don’t know anything about pending procedural hearings, or why the hearing is important. Typically, they don’t know when the trial is either.

This law addresses these issues. Of course, if crime victims really care about the case, they can look it up on the internet and find out what’s going on. But even this can be challenging trying to figure out where to look, to get the information you are looking for, and take some time and determination.

This bill also addresses a fundamental misunderstanding that’s common in cash bond matters (more on that below). Many people assume paying a cash bond is like paying a fine, so from that moment, the case is closed.

The attitude is understandable. Some minor offenses, like public intoxication and disorderly conduct, work that way, especially if authorities know the defendant was just passing through. A text message alert about an upcoming hearing date reminds the defendant that the case is ongoing.

Showing up for trial is the main cash bail or Montgomery County bail bonds condition. However, there are other conditions as well. Some of these conditions may be difficult or impossible to keep.

The standard keep-away order in a domestic battery case is a good example. Robertson County judges routinely order defendants to avoid all physical, verbal, and other contact with alleged victims in these cases. This condition could be a problem if the defendant and alleged victim have young children together. That’s especially true if, as is usually the case, the keep-away order includes no visitation or other provisions. Many criminal judges view these orders as civil matters.

If a bail condition is a problem, cash bond defendants are usually on their own. A Fizer , Clarksville bail bondsman, in certain situations, may have some authority to tailor conditions to specific case needs. Fizer Bonding Company does their best to help all of their clients get “outta jail fast” and meet their bail bonds release terms and needs.

Bail Bond vs. Cash Bond

Alas, we have all read about the few bail bond companies that take the money and run . Or, they take the money and ghost you. But for the most part this is what happens on tv or in the movies. And for convenience sake, a bail bond is usually a much better option than a cash bond.

We mentioned bail bond condition accommodations above. Sometimes, the issue is assistance as opposed to accommodation. DUI bail bonds are a good example. Most judges require most defendants to obtain Ignition Interlock Devices. IIDs are like portable Breathalyzers attached to vehicle ignition switches. If the defendant fails a breath test, the vehicle won’t start, or it won’t restart, if it’s in motion at the time.

The IID order is usually just that. It’s a directive to get one that comes with a very tight deadline. Many cash bond defendants have no idea where to go for IID installation. They also can’t tell between reputable providers and scammers.

At Fizer Bonding Company, we can help our bonding clients that have this directive for an IID, a list of reliable IID providers. That’s one less thing defendants have to worry about during a very difficult period.

We aren’t a law firm or a lawyer referral service. We can’t give you advice about your case, and quite frankly, we don’t want to. However, we help people know what to expect in their criminal cases. Most criminal cases go through the following process:

Unless a Fizer bail bondsman near you gets involved, many cases never make it past first appearance. Most incarcerated individuals are so anxious to get out of jail they’ll take the first plea bargain the state offers.

Bail Reduction Hearings

We mentioned the occasional connection between bail and punishment above. But for the most part, these concepts are separate. The only issue at a bail reduction hearing is the likelihood the defendant will appear at trial. Some traditional indicators are wrong.

Conventional wisdom says that people charged with serious crimes are more likely to run away than people charged with non-serious crimes. That’s usually true in most cases. If Jason Statham threatened me, I’d run away if I had half a chance. But that’s not true in this case. Generally, people who face serious charges are anxious to have their day in court. People facing non-serious charges usually don’t care.

Conventional wisdom also says that bail should be higher for people with criminal records, probably because they face stiffer possible punishments. Once again, conventional wisdom is often wrong. The system is scary for first timers. Many of them would rather not deal with it.

An attorney can leverage these facts and obtain a more reasonable bond amount. That reduction makes it easier to get out of jail before trial. Prosecutors are usually willing to make favorable deals in these cases. They want to make sure there’s plenty of room behind bars for the real bad guys.

To get “your tail outta jail fast” and more information about the criminal justice bail bonding process, contact the bail bondsmen in Clarksville, TN at Fizer Bonding Company . We have the lowest bail bond fees around over 35 years of bail bonding experience in Montgomery and Robertson counties. We offer fast, respectful, and courteous 24/7 bail bond service! More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and the Robertson County Chamber of Commerce .

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

The post Lawmakers Mull Criminal Justice Reform appeared first on Fizer Bail Bonds .

Five Overdoses in Four Days at Nashville Jail

Fri, 29 Apr 2022 19:34:00 GMT

Fizer Bonding Company , which serves bail bonds in Montgomery and Robertson counties, understands that there are things happening in the community that are difficult to talk about. Some of these things are unfortunate and often lead to incarceration and the need for bail bond services. Officials at the Nashville Downtown Detention Center had few answers after five inmates overdosed on unknown substances in four days. All but one of these incidents happened on the same day . Three of these inmates were housed in the same jail pod.

Jail staff used Narcan, a powerful nasal spray that helps drug overdose victims breath, on several OD inmates. Despite the obvious concerns and risks, Deputy Chief of Staff Jonathon Adams downplayed the incidents. “The number of incidents of this occurring in our facility is equivalent to what is occurring in the community, so it is going to happen. And as much as we try to get out there and ID these signs and look for this behavior and prevent this type of thing from happening, it is going to happen,” he said. “But I would say the fact that we are not seeing deaths associated with this is a testament to the great job our staff is doing every day,” he added. Adams only said the spike in overdose incidents was “unfortunate.”

All five inmates were rushed to a nearby hospital, where they were treated and released back to jail.

Are Jails Safe?

Before 2020 and the Coronavirus Pandemic, no one gave too much thought to health and safety issues at jails and prisons. Infectious disease outbreaks and other such incidents were few and far between. But, things are different now. During the 2021 coronavirus spike, a third of Tennessee’s inmates tested positive for COVID-19. That proportion was a lot higher than the population in general. It was also higher than the overall coronavirus infection rate in prisons and jails. The infection rate at private facilities, such as the CoreCivic prisons that dot the Montgomery County area, was higher still.

COVID-19 is the latest and most serious health threat. But it’s certainly not the only one. Social distancing is almost impossible on the inside. Additionally, many inmates have pre-existing health conditions, such as drug and alcohol dependency, which make them especially vulnerable to infectious diseases.

All that being said, the news isn’t all bad. The COVID-19 death rate in Tennessee prisons was reportedly no higher than the overall death rate. Additionally, jail staffers are trained to recognize and appropriately respond to COVID-19 infections and other such issues. So, incarceration isn’t necessarily a death sentence. However, for both health reasons and other reasons, jail is no place to be and Fizer Bonding Company gets you outta jail fast with only a 10% bond premium.

Additionally, some pandemic developments benefited inmates. During the pandemic, federal courts in Tennessee granted thousands of compassionate release petitions . A rather obscure provision in the U.S. code permits judges to release incarcerated defendants if the inmate establishes “extraordinary and compelling reasons.” State courts liberalized their release procedures as well, as outlined below.

Getting Out of Jail

Tennessee law contains a similar provision. Some long-term inmates can apply for medical furloughs. But this law doesn’t help pretrial detainees. For now, there are only three ways to get out of jail following an arrest in Tennessee.

During the darkest days of the coronavirus pandemic, many counties expanded their pretrial release programs. These expansions include relaxed standards and expedited review. Basically, pretrial release reduces misdemeanors, and even a few felonies, to the level of a traffic ticket. If the defendant promises to appear at trial and abide by a few other conditions, the sheriff often releases defendants who pay a small processing fee.

These conditions vary in different jurisdictions and for different offenses. General conditions include reporting to a supervision officer and remaining in the county. Offense specific provisions include an ignition interlock device in DUIs and a keep-away order in assaults.

Under the law, nonviolent and nonthreatening offenders are eligible for pretrial release, which often has a powerful impact on a later guilty or not guilty verdict. The new standards in some counties make pretrial release available for semi-violent crimes, like stalking. The “nonthreatening” requirement used to mean no criminal record. Now, some counties consider some offenders who have no recent or violent criminal history.

Nevertheless, pretrial release is available only for a select few. In almost all cases, the choices are cash bail and a Fizer bail bond near you.

Health and safety concerns haven’t affected the cash bond process very much. During the Montgomery County booking process, inmates may pay the presumptive cash bail amount and secure their own releases. But these concerns have changed the way some Clarksville bondsmen do business.

Lower income people are very price sensitive . A few dollars more, or less, usually make a good or service unaffordable or affordable. In response to the needs of the community, some bonding agencies have reduced their premiums by a few percentage points. That might not seem like much to some people. But to many people, the small change makes a world of difference. Fizer Bonding Company usually charges a small 10% bond premium .

Bail bond premiums are a bit like insurance policy premiums. If Sam pays X dollars for an auto insurance policy, the insurance company bears the financial cost of an accident. If Sam, or Sam’s friend, pays X dollars for a bail bond, if Sam is unable to fulfill all bond conditions, as mentioned above, the bonding company bears the financial cost of bond forfeiture.

Presentence Incarceration Alternatives

Sometimes, the presumptive bail amount is too high, even for a bail bond. Other times, the sheriff doesn’t set a presumptive amount. These things are especially common in violent felony cases.

However, these things don’t necessarily mean extended pretrial detention. That’s very good news for these defendants. Pretrial release unlocks a number of criminal defense options in these cases. Defendants who are in jail usually don’t want to aggressively challenge the state’s evidence. They just want to plead guilty and get it over with.

If bail is unaffordable or unavailable, an attorney can address this issue at the arraignment, which usually happens about three days after an arrest. At a bail reduction hearing, the judge must consider many factors in setting bail, such as:

Sheriff-set presumptive bail usually only considers the first two bullet points. Once a judge sees the whole picture, the judge usually sets bail at an affordable price, especially if the judge is sensitive to the Eighth Amendment guaranteeing reasonable bail in criminal cases.

Electronic monitoring is a popular alternative for both prosecutors and defendants. The state keeps a close eye on defendants without paying to incarcerate them. Defendants get to stay home. Moreover, electronic monitoring fees can be lower than a larger bail bond premium.

For more information about getting an affordable bail bond for pretrial release for you or a loved one, contact the Clarksville, TN bail bonds professionals at Fizer Bonding Company . Our bondsmen are available 24/7 and we respect your dignity and privacy. Payment options are easy and affordable. We are also family owned and operated for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . More value added FREE information can be found in our online articles .

“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

**Disclaimer**

The post Five Overdoses in Four Days at Nashville Jail appeared first on Fizer Bail Bonds .

Search Warrant Exceptions Go to the Movies

Tue, 29 Mar 2022 19:28:00 GMT

Law and Order is a popular TV show that is still shown in reruns, but the subject on the TV show usually has little to do with law and order. McGarnickle, a beloved yet obscure bit character on The Simpsons, is a good example. This McGarnickle clip is based on this Dirty Harry clip . McGarnickle “busted up” furniture in a crack house and Harry was “busted up” over a defendant’s civil rights.

It’s hard to believe, but Dirty Harry, the often copied but never duplicated cop movie, is now more than fifty years old. Society has changed a lot over the past five decades, and the law has changed a lot as well. We’ll discuss those changes in detail below.

First, a bit of Dirty Harry background. During the movie, Callaghan stalks a fictional serial killer who calls himself Scorpio. This figure was based on the real-life Zodiac killer , who murdered at least five people in California in the late 1960s. This person was never caught.

At one point in the movie, Harry chases Scorpio to Scorpio’s apartment, to save a damsel in distress. The rifle Harry seized was inadmissible in 1971, but the law has changed so much since then, it might be admissible today.

Procedural criminal defenses, like search and seizure issues , are very time consuming. No one wants to go through Clarksville booking and sit in jail while attorneys trade jabs over legal minutiae. So, immediate jail release with Fizer Bonding Company in Robertson and Montgomery counties in Tennessee, unlocks procedural defenses. If defendants are still incarcerated, they understandably look for the quickest way out. The Montgomery County bail bonds agents at Fizer Bonding Company arrange for immediate release in most cases, so your lawyer has a full range of defensive options.

Foundations for Change

In the 1960s, criminal cases like Escobedo v. Illinois (1964) and Miranda v. Arizona (1966) reinterpreted the Fourth Amendment. Harry apparently let his subscription to the University of San Francisco Law Review expire, so he was unaware of these changes.

In Escobedo, the Justices ruled that criminal suspects had the right to counsel during police interrogations. Police arrested Danny Escobedo on suspicion of killing his brother-in-law. During questioning, Escobedo repeatedly asked for a lawyer, and officers always said no. Fourteen and a half hours after his arrest, Escobed confessed.

The Illinois Supreme Court upheld Escobedo’s conviction, but the Supreme Court reversed it in a 5-4 decision. Writing for the majority, Justice Arthur Goldberg held that “If a police investigation begins to focus on a particular suspect, his statements to the police are excluded if he has been refused counsel.”

As a footnote, Escobedo was a bad guy. After this case, he was convicted of twelve other felonies, including drug trafficking, indecency with a child, and attempted murder.

The facts in Miranda were similar. But Ernesto Miranda , who was a suspect in a kidnapping and rape, only lasted two hours before he cracked. During this time, Miranda never asked for a lawyer and officers never informed him of his rights.

This time, Chief Justice Earl Warren wrote that “If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease … If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning.”

Miranda was retried on the kidnapping charge in 1967 and convicted based on circumstantial evidence. He served five years of a 20 to 30-year sentence. Miranda was stabbed to death in a fight in 1976. His killer was never caught.

Search Warrant Exceptions in Dirty Harry

A fourth exception, the consent doctrine, might have applied in this movie. Technically, Scorpio “voluntarily” gave Harry the hunting rifle after the inspector “encouraged” him to cooperate. Since Harry clearly coerced this consent, we’ll focus on the other three instead.

Hot Pursuit

In 1971, Harry illegally entered Scorpio’s apartment because Harry did not have a warrant. As a brief reminder, the Fourth Amendment prohibits unreasonable warrantless searches and seizures. But in 2022, Harry’s entrance might have been reasonable and thus not subject to the warrant requirement.

In the decades between 1971 and 2022, courts carved out the hot pursuit exception to the warrant requirement. If officers are pursuing a fleeing suspect who seeks refuge in a private building, even a dwelling, they don’t need warrants to continue their pursuits.

This exception doesn’t come up too often in the real world, but these circumstances do arise occasionally. Perhaps the most famous one was John Wilkes Booth. When the army cornered Abraham Lincoln’s assassin, Booth holed up in a warehouse. He refused to come out, so authorities burned it down.

Exigent Circumstances

In contrast, this reasonableness exception comes up in many criminal cases. If authorities reasonably believe someone is in trouble, they may enter a building without a warrant and sweep through it to ensure everyone inside is okay.

Sometimes Clarksville inmates are arrested because officers responded to a disturbance call, they used the exigent circumstances exception to enter a house or other dwelling, and they found drugs or other contraband in the house.

Incidentally, the “reasonableness” exception in the Fourth Amendment is limited to recognized legal exceptions. Officers can’t make up new rules as they go.

Plain View

These two exceptions allow police to enter buildings without warrants. But they don’t allow them to seize hunting rifles or anything else. For that, they must use the plain view exception.

As the name implies, officers may seize contraband they see in plain view, assuming they were lawfully in that place at that time.

Harry’s plain view seizure would probably be illegal today, just as it was in 1971. Without Scorpio’s “confession,” there’s no way Harry would have known this was the rifle as opposed to a rifle. The same issue comes up in other cases. For example, if Officer Jones sees a pistol handle sticking out from under a seat, the item might or might not be contraband.

As you can tell from the above examples, best to get “your tail outta jail” as quickly as possible with the Clarksville bondsmen at the 40+ year old and family owned Fizer Bonding Company . For a small fee (10% of the bond) we give fast jail release 24/7 every day of the year. Call us today if you or a loved one is arrested. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . More value added FREE information can be found in our online articles .

“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

**Disclaimer**

The post Search Warrant Exceptions Go to the Movies appeared first on Fizer Bail Bonds .

The Three Ps of Drug Possession Cases in Montgomery County

Thu, 17 Mar 2022 15:28:00 GMT

America’s War on Drugs probably had its most surreal moment in 1970, when Elvis met Nixon . Even more surreal than the 1980’s Reagan era “Just Say NO” movement. The King of Rock and Roll wanted President Nixon to make him an undercover federal marshall, since according to Elvis, he was familiar with “the drug culture” as well as “Communist brainwashing techniques.” We’re not sure how these things are related. Anyway, a befuddled Richard Nixon gave Elvis a badge and a pair of White House cufflinks. In return, Elvis gave Nixon a Colt .45 and an impromptu hug.

Over fifty years later, the War on Drugs continues to rage. The number of drug arrests has tripled since 2007. However, the conflict has shifted to drug possession. Almost 90 percent of drug arrests are for simple possession. If you are arrested for drug possession in Montgomery or Robertson counties Tennessee, contact Fizer Bonding Company to get your tail outta jail FAST. Officers are so aggressive in this area mostly because possession cases are easier to prove than trafficking, manufacturing, and other such cases. However, possession cases still have a number of moving parts.

Punishment issues come into play as well. Usually, drug possession is a low-level felony or even a misdemeanor. An incarcerated defendant might be tempted to plead guilty and receive a brief jail sentence just to “get it over with.” The bail bondsmen near you at Fizer Bonding Company address this issue. SInce drug possession is a nonviolent crime, our Clarksville bondsmen usually have a full range of jail release options. We do more than legally open the cell doors. We also provide resources to help you through the criminal law process and the lowest price of a bail bond, typically for only a 10% premium.

Produce the Substance in Court

Police officers and other witnesses may give testimonial evidence about the things they saw and heard. Physical evidence is different. Normally, prosecutors must produce the drugs or other substance in court.

Frequently, physical evidence has chain of custody issues. For example, most drugs go from the scene of a crime to a police evidence locker. Then, they go to a laboratory (more on that below) before they go back to a police evidence locker. Finally, someone delivers the evidence from the locker to the courtroom. Any gap in the chain of custody taints this evidence. This taint might or might not make it inadmissible.

But we are getting ahead of ourselves. In order to seize physical evidence, officers must have a warrant based on probable cause, or a narrow search warrant exception must apply. Officers rarely have warrants in drug possession cases. Some common search warrant exceptions include:

Furthermore, a police officer must authenticate the substance in court ( i.e. “yeah, that’s it.”) Authentication is often straightforward, unless there were extenuating circumstances which made it difficult to physically identify the substance, like advanced darkness .

Prove it was Illegal

Somewhat similarly, it’s usually easy to prove the substance was illegal. Laboratory tests are generally accurate.

Field tests, on the other hand, are often inaccurate. In the early 2000s, a drug informant gave Dallas police officers about 700 pounds of a white powdery substance he claimed was cocaine. The informant said Mexican immigrants were running a drug trafficking ring. Dallas police paid him about $200,000, said the substance “field tested” positive as cocaine, and arrested over two dozen people. Subsequent chemical tests revealed that the “cocaine” was sheetrock material .

Marijuana is especially problematic in this area. This substance is illegal for all purposes in Tennessee. However, hemp is legal for all purposes. Physically, hemp and marijuana are virtually indistinguishable. They look alike and smell alike. Only a specific, and expensive test, a THC content test, can tell them apart.

Prosecutors have the burden of proof on this point. They must establish, beyond any reasonable doubt, that the substance was illegal. Field tests don’t hold up in court. That means a chemical test or nothing.

Unless a Fizer Clarksville, TN bail bondsman arranges for jail release, this key defense is probably unavailable. It’s simply too time consuming, and as mentioned above, incarcerated defendants don’t want to wait.

Possession in Tennessee Criminal Courts

Finally, prosecutors must establish all three components of legal possession (proximity, control, and knowledge).

Assume Winston is at a house party. He doesn’t know anyone at the party very well, but it looked like a good time. He’s sitting in an armchair when officers bust up the party and order everyone to stay put. The home’s owner gives them consent to search the house. Officers find a stash of drugs under Winston’s chair and arrest him for possession.

The stash satisfies the proximity requirement as well as the control requirement. However, it probably doesn’t satisfy the knowledge requirement. Winston probably didn’t know what he was sitting on.

Or assume Winston, who apparently is a poor judge of character, gets a ride home with some friends who he knows use drugs. He gets in the back seat. Officers pull over the driver for speeding, she gives them consent to search the car, and officers find drugs under the passenger seat.

Prosecutors can almost definitely establish proximity, and most likely knowledge as well. However, it would be almost impossible to establish control. That’s especially true if someone else was in the passenger seat prior to Winston sitting there. This is just one of many real life examples that prosecutors have a difficult time proving while getting out of jail fast helps a defendant build a strong defense with their attorney, for their day in court!

For more information about fast bail bond release, contact the bail bondsman near you at Fizer Bonding Company . We have the lowest bail bond fees around and get your tail outta jail FAST and have over 35 years of bail bonding experience in Montgomery and Robertson counties. We offer fast, respectful, and courteous 24/7 bail bond service! More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents.

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company Robertson County Tennessee

(615) 667-1109

The post The Three Ps of Drug Possession Cases in Montgomery County appeared first on Fizer Bail Bonds .

Bail Release & Guide To Your Rights in a Criminal Case

Thu, 10 Feb 2022 04:21:00 GMT

Children of the 70’s are at least somewhat familiar with their Constitutional rights, largely because of this memorable ditty . But an alarming number of people know little or nothing about their specific rights. It’s very easy, and very tempting, for police officers to bully such people.

Some provisions in the Bill of Rights, the first ten amendments to the Constitution, are outdated. The Third Amendment’s prohibition of quartering soldiers comes to mind. America’s defense budget is plenty large enough to build barracks.

But the provisions in the Bill of Rights concerning criminal law matters are as applicable as ever. In fact, they may be even more important today. Plea bargains resolve most criminal cases. So, many criminal law proceedings happen behind closed doors.

The Eighth Amendment’s guarantee of reasonable bail in criminal cases is probably the most important one to the bail bondsman near you at Fizer Bonding Company in Montgomery and Robertson Counties. It’s arguably the most important one to criminal defendants as well. Prompt jail release makes the other rights easier to access and enforce in court. However, this guarantee is just one of many in the great United States of America, a country unlike any other one.

Search Warrants

The obscure anti-quartering provision was rooted in pre-Revolutionary War America. British authorities sometimes forced colonists to house Redcoats against their will.

The search warrant rule has similar roots. Before 1776, British authorities used blank search warrants to search suspicious property at will. So, the Fourth Amendment requires search warrants to be based on affidavits which show probable cause.

“Probable cause” is a low standard of evidence. However, authorities usually don’t have much evidence when they ask a judge for a warrant. That’s the reason they want a warrant to begin with. Investigators have considerable discretion in this area. But they don’t always get the benefit of the doubt.

Alternatively, a narrow search warrant exception could apply. Owner consent is probably the biggest one. Others include the plain view exception and the exigent circumstances (emergency situations) exception.

Grand Jury Indictment

This right is pretty much the only one in the Bill of Rights that only applies to the federal government. Additionally, this requirement only applies to federal felonies. Tennessee state courts sometimes use grand jury indictments. More often, however, the criminal charges are based on a police officer’s affidavit that’s much like a search warrant affidavit.

A grand jury indictment itself is largely a formality. The grand jury indictment rate is over 99 percent. That’s largely because grand jurors only hear prosecuting attorneys and the evidence they present. In other words, they only hear one side of the story.

But this provision in the Fifth Amendment establishes an important principle, in state and federal court. Authorities cannot randomly charge individuals with crimes. Instead, there must be some independent basis for the charges, such as a police officer’s affidavit or a grand jury indictment. This right is similar to the Sixth Amendment’s “nature and cause” provision, which is discussed below.

Double Jeopardy

Under the Fifth Amendment, people cannot be charged twice for the same crime. That may seem like a no-brainer. But prosecutors would gladly do so if it were possible. For example, if Montgomery County prosecutors tried Robert for murder and weren’t able to convict him, they’d eagerly try him for attempted murder, but for this Constitutional right.

This right is also quite controversial. Under the so-called separate sovereignties exception, state and federal authorities may each charge a defendant with the same crime, if it’s illegal under state and federal law. Most drug prosecutions could fall under this exception. Many advocates have tried and failed to convince courts to end this exception.

Additionally, the double jeopardy rule only applies if the two offenses were substantially similar. This term is a bit subjective. We mentioned murder and attempted murder above. These infractions are clearly substantially similar. But what about murder and aggravated assault? These offenses might be different enough to bypass the double jeopardy prohibition.

Self-Incrimination

Even if your knowledge of Constitutional law only comes from Mannix reruns , you probably know about the right to remain silent. However, Mannix is very misleading as to when this right applies and how much territory it covers.

On TV, as soon as officers say “you’re under arrest for X,” they launch into the “you have the right to remain silent” bit. In the real world, however, the right against self-incrimination begins when custodial interrogation begins.

The average American citizen or country visitor may find it shocking that for all practical purposes, people are in custody when they see flashing lights in their rear view mirrors. Reasonable people don’t feel free to drive away at that point.

Similarly, “interrogation” isn’t limited to questions about a crime. Any question constitutes interrogation. Assume Officer Bob pulls over a suspected drunk driver, approaches the car, and says “license and registration please.” Officer Bob doesn’t necessarily want those papers. He wants to determine if the driver’s reflexes are slow or there is other evidence of intoxication.

Due Process

This provision in the Bill of Rights is much like one in the Fourteenth Amendment, which was enacted during the Civil War. Due process usually requires authorities to provide notice and an opportunity to be heard before they deprive anyone of life, liberty, or property.

Of course, the defendant can waive this right in a criminal case and plead guilty. As a matter of fact, people can affirmatively waive almost any Constitutional right.

The aforementioned right to remain silent is a good point. Current law requires defendants to assert their right to remain silent. Simply not saying anything could be construed as a waiver. Remember though, best to do this with tact and diplomacy when exercising this with an officer during a traffic stop.

Jury Trial

Mostly because of this Constitutional guarantee, 90 percent of the world’s jury trials occur in the United States. But criminal defendants in Tennessee aren’t just entitled to any old jury trial. The forum must meet certain rules which are set out in the Sixth Amendment. These requirements are:

Most criminal cases settle out of court. But the right to a jury trial, and the strict rules that come with this right, encourage prosecutors to deal fairly during plea negotiations.

“Nature and Cause of the Accusation”

This Sixth Amendment right seems almost identical to the Fifth Amendment’s right to a grand jury. But looks are often deceiving.

The “nature and cause” requirement implies that the criminal charges must be specific. To return to a previous example, prosecutors cannot simply charge Robert with murder. They must charge him with killing a specific person at a specific time in a specific place. Therefore, Robert’s lawyer is better able to prepare his defense.

Police officers need not inform defendants of the specific charges at the time of arrest. If Robert knows he’s being charged with murder, he might put up a fight at the arrest. However, officers usually need to fulfill the “nature and cause” requirement before the case goes to court.

Witness Confrontation

This Sixth Amendment rule is the reason criminal courts didn’t use virtual jury trials during coronavirus lockdowns. In most cases, defendants have the right to eyeball the witnesses against them. It’s rather easy to make false or questionable accusations on social media or via third-party gossip. It’s a lot harder to make these statements when you are looking the other person in the face.

Furthermore, live cross-examinations are much more effective than virtual or telephonic cross-examinations. The classic just one more thing trick is a good example. Lawyers act like they are finished asking questions, the witness relaxes, and then the lawyer asks the big question.

Witness safety sometimes affects this requirement. If the witness reasonably fears serious retaliation, the judge will most likely make some accommodations. Roughly the same principle applies in some child sex offense cases.

Subpoena Power

The defendant does not have the burden of proof at trial. So, the defendant does not need to call any witnesses. However, defense lawyers often introduce evidence for strategic purposes. Additionally, defense lawyers sometimes call character witnesses, especially during a trial’s punishment phase.

Prosecutors have almost unlimited power to subpoena witnesses and compel them to testify. The Constitution gives criminal defendants the same power, as a way to level the playing field.

Sometimes, witness subpoenas are simply matters of courtesy. Some witnesses use subpoenas like they use doctors’ notes. If they need an excuse to get out of work, school, or another obligation, and a defense lawyer is able to provide that excuse, the witness is more likely to appear and give favorable testimony.

Legal Representation

All these important rights are nothing but ink on paper unless a knowledgeable lawyer represents the defendant. We have repeatedly mentioned that some police and prosecutors have been found to trample Constitutional rights given half a chance. A defense lawyer prevents that from happening.

People who cannot afford lawyers are entitled to a court-appointed lawyer or a public defender. However, there can be a difference between “cannot afford” an attorney and “do not want to pay for” an attorney.

Reasonable Bail

All these Constitutional rights are big. The three criminal defense rights in the Eighth Amendment might be the biggest ones.

We have said it before and we will say it again. Pretrial detention essentially destroys any chance for a successful resolution. Defendants who are behind bars are in no position to wait while their lawyers investigate their cases and negotiate with prosecutors. They’re certainly in no position to wait for a trial date. Instead, they must usually take the state’s first plea offer. Generally, the first offer is the worst one.

Montgomery County bail bonds with Fizer Bonding Company do not issue surety bonds solely to make money. They issue surety bonds 24/7 to get people out of jail quickly. Unlike cash bail, surety bonds are very affordable, typically costing only 10% of the bond amount. And, unlike pretrial release bonds, pretty much all defendants qualify for surety bonds.

There’s more. A good lawyer is probably the best partner for a criminal defendant. A good bail bond agent is the most important first person to call if you end up in jail. At Fizer Bonding Company, we help good people through very difficult periods of their lives and “get their tail outta jail”.

Reasonable Fines

Fines should be designed to punish misconduct and encourage good conduct. They are not money-making vehicles for state or federal governments. Additionally, the fine should be proportionate with the defendant’s income. A $1,000 fine is a lot of money to you and me but almost nothing to Jeff Bezos.

This Eighth Amendment rule also applies to indirect fines. Forfeiture proceedings are part of many crimes, especially drug crimes. If authorities suspect that an asset is tied to dirty money, they do not need much evidence to seize it, since forfeiture is technically a civil proceeding. Many advocates have urged law enforcement agencies to curtail these “policing for profit” policies.

Sometimes, all these rights interact with each other. The Eighth Amendment’s unreasonable fine rule often affects the Sixth Amendment’s right to counsel. Specifically, the forfeiture cannot be so large that the defendant is unable to hire the attorney of his/her choice.

Reasonable Punishment

The “cruel and unusual punishment” rule is often associated with the death penalty, which is certainly the cruelest punishment of all. But this requirement also applies to all other criminal penalties.

Usually, the punishment must fit the crime. That’s the primary reason crimes are divided into misdemeanors and felonies.

The Eighth Amendment also prohibits unusual punishment. The “whiskey plates” in neighboring Georgia are a possible example. These special license plates, which people convicted of DUI must put on their vehicles, are partially designed to publicly humiliate the defendant. As far as we know, no one has ever challenged this requirement on Eighth Amendment grounds. But that would be an interesting case.

To learn more about the bail bonding process, contact the Clarksville, TN bail bonds professionals at Fizer Bonding Company . For more information see our Areas Served . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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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The post Bail Release & Guide To Your Rights in a Criminal Case appeared first on Fizer Bail Bonds .

My Lawyer Wants Me to Plead Guilty. Should I Do That?

Sun, 23 Jan 2022 19:40:00 GMT

Criminal defense attorneys almost always want their clients to plead guilty and accept a negotiated settlement arrangement. Things weren’t always this way. Plea bargains first appeared in the early 1880s . Back in those days the country was expanding rapidly and politicians didn’t want to spend more money on more courts. So, to avoid a backlog, prosecutors and defense attorneys sought alternatives to trial. They came up with the plea bargain.

Today, over 90 percent of criminal cases settle out of court. In defense of this practice, lawyers usually cite the old adage that “a bird in the hand is worth two in the bush.” In other words, if you have a sure thing, which in this case is a favorable plea bargain agreement, it’s foolish to give it up for a chance at something better, which in this case would be a not-guilty verdict at trial. This is a very risky thing to do because what if you don’t get the not-guilty verdict…what if you get a punishment worse than the plea bargain deal…now you see where we are going with this.

Aphorisms like this one are usually accurate. But they aren’t always true. A plea bargain recommendation is a lot like an illness diagnosis. It’s usually a good idea to get a second opinion. Before you ask for one from another lawyer, it’s important to know something about your case. More on that below.

Immediate jail release is usually the key to a successful outcome in a criminal case. And if you are jailed in Montgomery and Robertson counties, you can get out of jail fast with Fizer Bonding Company. Their bondsmen will get you out of jail 24/7 for a minimum of 10% of the bond…a good deal for sure! Incarcerated defendants often accept unfavorable plea bargains, just so they can go home as soon as possible. Additionally, waiting several months in jail for a trial date is usually not an option. The Montgomery County bail bondsman at Fizer Bonding Company can show you several options that open the cell doors and jumpstart your criminal defense.

Assessing the State’s Case

Frequently, most of the state’s evidence is in the offense report. DUI, one of the most commonly-charged offenses in Tennessee, is a good example. Frequently, officers pull over motorists for traffic violations. As the officer speaks with the driver, the officer sees evidence of alcohol impairment, like bloodshot eyes or slurred speech. The officer then has the defendant perform a few field sobriety tests . If the defendant performs poorly on these tests, officers arrest the defendant.

That all seems pretty straightforward. But there could be some issues. Under the law, officers may detain motorists if they reasonably suspect criminal activity. Reasonable suspicion is basically an evidence-based hunch. It’s not a hunch confirmed by evidence.

Assume Officer Bill sees a motorist who doesn’t look right for some reason. Officer Bill follows the motorist until s/he travels 31mph in a 30mph zone or commits another ticky-tack traffic violation. Officer Bill’s investigation results in a solid arrest.

In this situation, Officer Bill may have illegally targeted the motorist. The fact that Officer Bill later found evidence of criminal activity doesn’t necessarily make everything okay.

Notice we said “most of” the evidence is in the offense report. DUIs, like the unfortunate arrest of Homer Simpson, usually include chemical tests. Like all machines, Breathalyzers are not 100 percent accurate 100 percent of the time.

Some criminal cases have additional moving parts, such as eyewitness reports. Assault is a good illustration. If a husband and wife get in a fight after a night of drinking, the wife’s recollection is probably a little fuzzy. Furthermore, alleged victims rarely make up stories to get defendants in trouble. But these things have been known to happen, especially if there is jealousy involved.

Assessing Your Defenses

The state has the burden of proof in a criminal case. So, a lack of evidence, by itself, could be an effective defense. Prosecutors cannot afford even one weak link in a chain of evidence.

The substantive issue could be a complete lack of evidence or a lack of credible evidence. Assume Sarah is charged with DUI-collision. If no one saw Sarah behind the wheel, there is a complete lack of evidence on the “driving” portion of a driving under the influence case. If the only witness didn’t get a good look at the driver, there could be a lack of credible evidence on this point.

Procedural and affirmative defenses are also available. Procedural defenses usually involve pertrial police errors. Failure to properly Mirandize the defendant and search warrant issues are the two most common procedural defenses.

Before officers take a suspect into custody or ask any questions, they must administer the Miranda rights. “Custody” means the defendant doesn’t feel free to leave. Usually, when officers initially approach people on the street, they don’t feel free to leave. The questions need not be directly related to criminal activity.

Search warrant issues are quite common in illegal possession cases, like drug or weapons possession. If officers don’t have a warrant, and they usually don’t, a narrow search warrant exception, like owner consent, must apply.

Self-defense in an assault case is the best example of an affirmative defense. Usually, this defense applies if defendants used a reasonable amount of force to prevent harm to themselves or others. Other affirmative defenses include police officer entrapment and third-party coercion.

The sooner a bail bondsman near you with Fizer Bonding Company can arrange pretrial release, the more time your lawyer has to evaluate the state’s case and identify possible defenses. Plus, no one wants to stay in jail a minute longer than they have to. Fizer will get you tail outta jail FAST!

Non-Plea Bargain Options

Usually, guilty pleas involve arranged plea bargains. The prosecutor and defense attorney agree as to the charges and punishment. Unarranged plea bargains are also available in some cases.

One version is the open plea. Defendants almost literally throw themselves on the mercy of the court. This option might be a good idea if the prosecutor doesn’t make a reasonable settlement offer. Some prosecutors dislike some defendants or they have strong feelings about certain offenses. More frequently, the prosecutor’s hands are tied, usually for a political reason.

Another version is the slow plea. The defendant pleads guilty and then asks a jury to assess punishment. This alternative is often a good idea if there are some extenuating circumstances that don’t amount to a legal defense. If Raul killed a drug dealer in cold blood, he probably has no defense. But, a jury might be sympathetic toward Raul.

Somewhat similarly, two different trial options are usually available. As a rule of thumb, a jury trial is often a good idea if the defendant has a partial defense but is sympathetic. A bench trial, in which the judge serves as the factfinder, is usually a good idea if the defendant has a strong defense. Sympathy is mostly irrelevant in bench trial cases.

For more information about the criminal law process, contact the Clarksville, TN bail bond professionals at Fizer Bonding Company . For more information see our Areas Served . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post My Lawyer Wants Me to Plead Guilty. Should I Do That? appeared first on Fizer Bail Bonds .

What You Don’t Know Can Hurt You: Collateral Criminal Consequences in Tennessee

Mon, 17 Jan 2022 05:38:00 GMT

When coronavirus lockdowns hit in 2020, everyone knew there would be adverse economic effects. For the most part, people were ready for them, and they were willing to bear their fare share. But the lockdowns also had some unexpected consequences, mostly in areas like mental health . Anxiety and fear about the disease, coupled with social isolation, was too much for many people to bear.

Other crises in life have direct and collateral consequences as well. For example, criminal defense lawyers are required to warn criminal defendants about the direct consequences of the charges they face in court. Usually, these direct consequences include a fine and/or jail time. However, criminal defense lawyers are not required to warn their clients about the collateral consequences. Frequently, the indirect consequences are much worse than the direct effects.

Generally, avoiding a conviction is the only way to avoid indirect consequences. Usually, criminal charges have procedural, substantive, and/or affirmative defenses. Procedural defenses usually involve errors in the investigation process, like search warrant or Miranda warning issues. Substantive defenses usually revolve around a lack of evidence at trial. Affirmative defenses are matters like self-defense in an assault case.

These defenses are only available if defendants have their day in court. If they remain behind bars, that day often never comes. Many defendants in these situations accept unfavorable plea bargains just to “get it over with.” So, the Montgomery County bail bonds agency Fizer Bonding Company is an invaluable partner if you or a loved one want to pay the lowest bail bond fees available and get out of jail fast. The sooner you work with us and get out of jail, the sooner your lawyer can start effectively preparing your defense(s).

General Rules in Criminal Cases

Criminal record stigma is real and it affects all job applicants. In one recent study, college-educated applicants with criminal records were half as likely to receive callbacks as applicants without criminal records. The academic bias against those with a criminal past is real.

A disproportionate number of defendants are in their 20s. Criminal convictions often affect eligibility for student financial aid. Criminal convictions could also lead to disciplinary action, including expulsion. The process in this area is very unpredictable, especially at private colleges.

Additionally, criminal records usually drive up future bail bond costs. There is usually nothing Fizer Bonding Company or a bail bondsman near you can do about these higher costs. The defendant simply has to pay them.

Case Study: DUI Direct and Indirect Consequences

Most of us have seen law enforcement and defense lawyer advertisements claiming that a first-time DUI could cost between $10,000 and $20,000 . A few of these costs are directly related to the criminal offense. The Ignition Interlock Device requirement is usually the largest one.

Some advocacy groups, such as MADD , believe that IIDs are the greatest invention since sliced bread. Mechanics connect these miniature Breathalyzers to a vehicle’s ignition. If the driver’s BAC is above a preset level, usually .04, the device disables the ignition. Furthermore, the driver must provide periodic “rolling samples” while the car is moving. If a sample is above the limit, or the device records too many “rolling refusals,” the car will not restart.

IIDs are technically optional in Tennessee. However, most judges almost always order them as a condition of bond, probation, and/or an occupational drivers’ license.

Largely depending on how long the defendant must use this device, IID installation, maintenance, monitoring, and removal usually costs about $1,000. Other high direct DUI costs include attorneys’ fees, fines, and court costs.

Indirect costs make up the bulk of the aforementioned eye-popping figure. Higher auto insurance rates are the biggest area. State law requires people with DUI convictions to buy high risk SR-22 insurance and keep it for at least three years. Generally, an SR-22 triples existing auto insurance rates. Especially for young drivers, the cost could be crippling. At the end of three years, insurance costs may not substantially drop. Other companies might or might not offer significant savings.

Other DUI collateral effects are not a matter of dollars and cents, or dollars and sense. DUI usually has significant employment consequences. That’s especially true if a job requires driving a company vehicle. Many commercial insurance companies won’t cover people with DUIs. Additionally, to many employers, a DUI is evidence of poor decision-making skills. Frequently, that assessment is accurate.

Special Rules Regarding Immigration Consequences

The rules in this area are constantly changing. Immigration is a highly-charged political issue and there are strong feelings on both sides. However, we cannot let all immigrants in, and we cannot keep them all out. A line must be drawn somewhere, and that line usually moves about once every four years as the political and election stage changes.

At the outset, U.S. immigration law defines “conviction” differently than other U.S. laws. If a defendant received deferred disposition , the defendant does not have a criminal conviction for most purposes.

Briefly, deferred disposition is a special kind of probation. If the defendant successfully completes all requirements, the judge dismisses the case. Assume Carl applies for a loan, the bank asks about prior criminal convictions, and he received deferred disposition for loan fraud a year earlier. Legally, Carl may state that he has no criminal convictions.

Immigration is different. In this area, deferred disposition usually counts as a conviction. Now, the word is out, and most lawyers are aware of this loophole. But when the rules first changed, many people were caught unawares. Unfortunately, many noncitizens pled guilty to targeted crimes without knowing that their pleas endanger their immigration status.

Not all criminal convictions have immigration consequences. But as mentioned above, the rules are constantly changing in the two major categories:

Is DUI a crime of violence or a crime of moral turpitude? Maybe. If the DUI involved an injury collision, it’s probably a crime of violence. If there were any other aggravating factors, it’s probably a crime of moral turpitude.

Noncitizens with immigration problems usually face some very tough choices. For example, many individuals are deported to countries they left as small children. They don’t speak the language and have no idea how to get by. Often family and friends are long gone or impossible to locate leaving them more alone and at risk than before. This is just one of many collateral consequences.

Sometimes, a voluntary departure plea is available in these cases. If noncitizens agree to voluntarily leave, they do not have to wait as long to petition for re-entry. Certainly there are many scenarios a noncitizen needs to discuss with their attorney in this matter.

Fizer Bonding Company is your first step in reducing the collateral consequences when you or a loved one is arrested. For more information about getting out of jail fast and the bail bond process, contact the Clarksville, TN bail bond professionals at Fizer Bonding Company . More valuable information and answers to many questions can be found in our website article library . Contact us 24/7 to get out of jail in Montgomery County fast and easy. We get your “tail outta jail” 24/7 and Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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

The post What You Don’t Know Can Hurt You: Collateral Criminal Consequences in Tennessee appeared first on Fizer Bail Bonds .

A Complete Guide to Probation in Tennessee

Sat, 18 Dec 2021 16:20:00 GMT

Almost all convicted defendants receive probation in the Volunteer State. The reason has nothing to do with justice or mercy. Instead, it’s all about money. Let’s discuss some of the factors that go into receiving probation in the State of Tennessee. The state prison system costs over $500 million a year. If prison space were significantly expanded to accommodate more people, the cost might go through the roof. This points toward the importance of your local Fizer Bonding Company bail bondsman. We specialize in quickly, conveniently, and affordably getting you out of jail in Montgomery and Robertson Counties. At Pfizer, we get your tail outta jail FAST !!!!!

The community supervision system costs money as well. However, the expense is not nearly as high. Additionally, the tens of millions of dollars that officials collect in the form of fines, fees, and other payments at least partially offset these costs.

Additionally, there are liability issues to consider, at least if you are responsible for collecting the prison statistics for the State of Tennessee. Approximately one-third of prison inmates have contracted coronavirus. Trauma injuries, like falls, are common as well. These inmates almost always sue the state.

No public facility is immune to such issues. That includes meeting rooms and other facilities for the Board of Community Supervision. However, illnesses and accidents aren’t nearly as common in these buildings.

So, for better or worse, probation is an integral part of the criminal justice system in Montgomery County. All defendants go through probation orientation. However, this brief orientation session does little to prepare them for the day-to-day realities of life under court supervision.

Fizer Bonding Company, a Montgomery County bail bond company, is also a permanent fixture in the criminal justice system. We not only help people get out of jail before trial; we help them stay out of jail as the criminal justice process runs its course. Part of this help includes a preview of probation. Defendants who know what to expect are much more likely to successfully complete probation and put this experience behind them.

Criminal Offenses and Probation in Tennessee

Statistically, if you are facing criminal charges in Tennessee, you were most likely charged with DUI, assault, or drug possession. Arguably, probation benefits society more than prison in all three of these cases. That’s one reason prosecutors almost always recommend probation.

DUI is a dangerous but a non-violent offense. Almost everyone would agree that locking up people who had one too many drinks is not an effective law enforcement approach. Furthermore, thanks to innovations like the Ignition Interlock Device, DUI probation keeps the community nearly as safe as DUI incarceration.

Briefly, an IID is basically a portable Breathalyzer, paid for by the defendant, that’s attached to a vehicle’s ignition. If the driver provides a sample over a preset limit, which is usually .04, the gadget disables the ignition.

Assault is a violent offense. Nonetheless, probation is often the outcome in these cases. As outlined below, assault probation usually includes conditions that protect victims. Frequently, these conditions target the cause of violent behavior. Additionally, if people go to prison, they often come back angrier and meaner than they were before. Long-term incarceration usually causes personality changes. Sometimes, these changes are good. Sometimes, they aren’t.

A combination of these principles apply to drug possession cases. Increasingly, people see drug use as a health (including spiritual and emotional) and safety problem as opposed to a criminal law problem. Moreover, probation programs often target the causes of drug use. That’s especially true if, as is normally the case, the defendant went through a designated drug court.

Probation Basics

Technically, judges always sentence defendants to jail or prison time. However, they usually probate that sentence for a period of time. The period of probation is usually a few months in a misdemeanor and a few years in a felony.

As long as the defendant completes the conditions of probation, as outlined below, the defendant stays out of jail. If the defendant violates probation, the judge could revoke probation and impose the original incarceration sentence. More on that below.

Deferred disposition works a bit differently. During sentencing, the judge simply designates a supervision period.

If the defendant successfully completes probation, the judge dismisses the case. But a significant risk comes with this tempting reward. As mentioned, the judge doesn’t specify a jail or prison sentence. Therefore, if the defendant violates probation, the judge could sentence the defendant to any incarceration term up to the maximum prescribed by law. Ouch!

Which option is better? The answer to this question usually depends on the risk/reward as well as the defendant’s ability to complete probation.

First, let’s talk about risk/reward. A criminal conviction is a lot worse for people with no prior record. If you already have one or more stains on your permanent record, another one doesn’t matter much. The risk of deferred disposition is obviously much higher in a felony. The possible prison sentences are a lot longer.

Now, let’s talk about conditions of probation. Frankly, some people are good candidates for probation, and some people aren’t. If the defendant had issues complying with the conditions of Fizer Bonding Company – bail bond near me – probation will be even harder. Probation is longer and more laden with restrictions.

In fact, in extreme cases, a few days in jail might be better than a few months on probation. But that’s only in extreme cases.

Common Conditions of Probation

Generic conditions almost always apply to everyone, regardless of the offense they committed. These generic conditions include:

Judges usually impose offense-specific conditions as well. To discuss these conditions, let’s stick with the Big Three mentioned above.

DUI probation usually includes the aforementioned IIDs, especially if the defendant has an occupational drivers’ license. This requirement is not only embarrassing and burdensome. It’s also expensive. The IID provider charges an installation fee, monthly monitoring fees, and a de-installation fee. Guess who pays all this money. Yup, the offender!

Alcohol evaluations are common as well. These evaluations can be a bit tricky. Frequently, if a defendant says s/he does not have a problem with alcohol, the counselor believes s/he is in denial. These defendants normally get kicked out of these programs. If you have such an issue, talk to your probation officer, or better yet, talk to your lawyer.

Finally, DUI probation usually requires abstinence. Probation officers will bust defendants if they have a detectable amount of alcohol in their systems or if a property search reveals evidence of drinking.

Assault probation usually includes a keep-away order. These orders can be an issue if the defendant and alleged victim share a dwelling. Additionally, judges usually order counseling. Common ones include anger management and substance abuse counseling. Sometimes these programs help and sometimes they don’t.

Furthermore, most assault defendants, especially domestic violence defendants, go through the protective order process. In Tennessee, protective orders include more than a keep-away order. Other provisions include financial payments, like hospital bill reimbursement, and prohibition on firearms ownership.

Drug possession probation could include medical detox. Frequently, the state pays some or all of the cost in these cases.

Probation Violations

There are basically three different categories of probation violators: absconders, initial violators, and repeat violators. Courts treat them differently.

Absconders are individuals who pleaded guilty, attended probation orientation, and then disappeared. The law catches up to these people eventually. Once a judge issues an arrest warrant, that warrant never expires.

Occasionally, judges re-sentence these individuals to probation. But such sentences are rare. Most judges assume that incarceration is appropriate in these cases. And, they are usually right.

Initial violators dominate probation revocation dockets in Robertson County. No one wants these defendants to go to jail. Probation officers don’t want to admit they failed. The system doesn’t want to spend money on incarceration. And the defendants definitely don’t want to go to jail.

So, probation revocation is usually a last option. The major exception is new case revocations. Other options include modifying the conditions of probation, extending the term, or having the defendant serve a few days as a condition of reinstatement. In deferred disposition violations, proceeding to judgment is an additional option.

Instead of guilty or not guilty, the court determines if the allegations in the motion are true or untrue. Normally, the matter is straightforward. The defendant skipped a meeting or s/he did not.

Things get a bit complicated in possession-related revocations. The burden of proof is only a preponderance of the evidence (more likely than not).

Assume Sam cannot possess illegal drugs per the terms of his probation. He tests positive for marijuana.

That evidence would most likely not hold up in criminal court. The burden of proof is beyond a reasonable doubt. Sam could have inhaled marijuana smoke at a party. Additionally, there’s no evidence as to knowledge and control, which are the other two elements of drug possession. However, it is more likely than not that he possessed marijuana, based solely on that evidence.

Early Discharge

Oppressive conditions of probation getting you down? Early discharge under Tenn. Code Ann. 40-35-40(c) may be an option. This law gives a judge almost unlimited discretion to “reduce or modify the sentence” at any time.

Most judges have some additional informal rules. Usually, all fines and restitution must be completely paid. All program conditions, like anger management or alcohol counseling, must be complete. In most cases, defendants must have served at least half the term.

The broad law is a two-edged sword. Judges can grant these motions almost at will. They can also reject them almost at will.

The petitioner must probe that early discharge is in the best interests of the defendant and the best interests of society. As for best interests, perhaps the defendant wants to move, is having trouble getting a job, or s/he is rehabilitated. If the defendant has completed most of the conditions, such as the self-improvement classes, there’s no point in continuing him/her on probation at taxpayer’s expense.

Sometimes, the judge allows these defendants to withdraw their guilty pleas. That withdrawal effectively removes the criminal conviction from the defendant’s permanent record.

Fizer Bonding Company helps anyone arrested get out of jail fast. It is our way of helping everyone make the best of their life situation and have the best opportunity for a successful future! We get your tail outta jail and your success is our success! For more information about our bail bonds in the criminal justice system, contact the Clarksville, TN bail bonds professionals at Fizer Bonding Company. We are a family owned and operated bail bonds company with over 30 years of experience and offer fast, courteous and 24/7 service! More value added FREE information can be found in our online articles . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post A Complete Guide to Probation in Tennessee appeared first on Fizer Bail Bonds .

A Bondsman Is Your Friend During Holiday Arrest Season

Tue, 23 Nov 2021 17:12:00 GMT

Alcohol-related offenses, mostly DUI, assault, and drug possession dominate criminal court dockets in Robertson County. All three kinds of arrests increase during the winter holidays. That’s especially true of DUI. Alcohol consumption doubles between Thanksgiving and New Years. Police officers know this, which is why they are extra vigilant in this area during this time. Binge drinking is common as well. The average employee uses at least two sick days during the winter holidays because s/he is too hung over to work (hush, we promise not to tell).

Many people say they drink to take the edge off family gatherings which are often uncomfortable. Since this is the first normal Christmas we’ve had in a while since the first Covid-19 lockdown, many folks may be tempted to reach for the bottle even faster this year. Assault and drug possession incidents will probably increase as well. Heated arguments can get a bit too heated during the holiday stress season. And, if one party-goer has an illegal pill or other illegal drug, police officers usually arrest all partygoers for possession.

Two of the three crimes on the naughty list are nonviolent crimes. And the third one, assault, rarely involves serious injury. So, if you are arrested, the Montgomery County bail bonds professionals at Fizer Bonding Company can almost always quickly arrange for a “get your tail outta jail fast” bail bond. A bail bond is a lot like an insurance policy. So, we get you out of jail for a fraction of the cash bond amount. Furthermore, we have the lowest cost bail bonds and some of the easiest release terms in Tennessee. Finally, we answer your questions about the criminal law bail bonding process, so you know what to expect.

Disturbance Calls

During most of the year, police officers pay little attention to non-emergency calls, like reports of a loud party. That’s especially true during the coronavirus era. In fact, many local police departments do not answer such calls at all. So, a Fizer Bonding Company bail bondsman near you rarely gets involved in these cases.

However, everything is amped up during the winter holidays. Loud parties in December are bigger and noisier than loud parties in March. As a result, when officers arrive, it is more likely that some illegal activity is going on. Therefore, officers are more likely to make arrests instead of simply sending people home and/or threatening to call parents.

Injury assaults often happen at these gatherings, mostly because the participants are usually at least half drunk. For political and/or liability reasons, if there is any evidence that an assault happened, at least one participant usually goes straight to jail. Most police departments have mandatory arrest policies in domestic battery situations. As for liability, if police refuse to make an arrest and something more serious happens, the victim could sue the police department.

Such cases often do not hold up in court. Frequently, the alleged victim loses interest in the case and refuses to cooperate with prosecutors. Many prosecutors reason that if the alleged victim cares little about the matter, they should not prioritize it.

Disturbance-related drug possession cases, which were also mentioned above, are similar in many ways. Although most people now see drug use as a health and safety issue, most officers react based on the conviction that it’s a criminal law issue. They are often more than willing to flex their muscles in this area than if they simply saw a few beers being enjoyed by holiday goers.

However, these cases often don’t hold up in court either. Prosecutors must prove more than proximity to the drugs. They must also establish knowledge and control. These elements are difficult to prove if the arrest took place at a large, busy party.

DUI Roadblocks

When sobriety checkpoints begin popping up, it’s beginning to look a lot like Christmas . These roadblocks are quite controversial. Frequently, officers set up checkpoints in certain areas where DUIs are somewhat rare. Additionally, officers often make more arrests for non-alcohol offenses, such as outstanding warrants and drug possession, than they make for DUI.

Nevertheless, the Supreme Court has affixed its seal of approval to DUI roadblocks, as long as they meet certain conditions:

You have rights at a DUI checkpoint. Motorists need not answer questions or even roll down their windows, as long as they comply with basic “license and registration please” commands.

Incidentally, if officers have reasonable suspicion of additional criminal activity, and reasonable suspicion is basically an evidence-based hunch, they may ask for permission to search the car or even detain the motorist until they obtain a warrant.

STEP Campaigns

Informal and formal Selective Traffic Enforcement Programs are also quite common during the winter holidays. Usually, these campaigns target specific kinds of infractions, mostly DUI.

An informal STEP campaign is basically an all-hands-on-deck local enforcement effort. Supervisors take officers off their normal duties, send them to a certain area of town, and tell them to write as many speeding, DUI, or other citations as possible.

These informal campaigns usually boost arrest figures. However, there are issues when these cases go to court. Many jurors respond negatively to “dragnet” arrests. Furthermore, inexperienced officers often have problems administering the field tests in a DUI, identifying the aggressor in an assault, and so on.

Government grants usually pay officer overtime and other expenses associated with formal STEP campaigns. These efforts usually have marketing labels, like “Click It or Ticket.” Additionally, a formal STEP campaign might last the entire winter holiday season as opposed to a night or a weekend.

The same problems mentioned above often plague these arrests. Moreover, officers often feel intense pressure to make arrests and justify the program’s expense. As a result, there may be detainment or arrest shortcuts that prove problematic down the road.

For your holiday bondsman and more information about how to have a safe and happy holiday season, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company . We’ll get your holiday tail outta jail so you can continue to enjoy the holiday cheer. Safe travels and Happy Thanksgiving to you and your family, from the Fizer Bonding Company Family. We are a family owned and operated bail bonds company with over 30 years of experience and offer fast, courteous and 24/7 service! We currently serve the 19th judicial district of Robertson and Montgomery counties and our main office is in Springfield, TN but we service the entire Robertson & Montgomery counties including Clarksville, TN and White House, TN. See our Areas Served page for more information. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post A Bondsman Is Your Friend During Holiday Arrest Season appeared first on Fizer Bail Bonds .

Will That Hold Up in Court? Most Common Arrests That Don’t Make It All the Way

Mon, 15 Nov 2021 03:42:00 GMT

During the darkest days of the coronavirus pandemic, traffic stops, which are the most common prelude to criminal arrests, decreased dramatically . But as the worst of the epidemic faded, police officers in Tennessee gradually started hitting the streets again. Within a few months, law enforcement activity was almost back up to normal levels. When aggressive police officers got back in the saddle, they were more anxious than ever to make the arrests that were needed to keep their local community safe.

However, as the title of this post indicates, these arrests do not always hold up in court. Furthermore, officers do not always arrest individuals to convict them of crimes. Some officers make arrests to pad their statistics or as precautionary procedure. As noted, others arrest individuals to defuse what they see as a dangerous situation or to prevent something worse from possibly happening.

Even if a criminal case does not make it all the way through the system, the defendant probably needs to get out of jail fast. At Fizer Bonding Company , our Clarksville, TN bail bonds agents are usually able to offer several different bail options. We are available 24/7/365 to not only get you out of jail FAST, but help you stay out of jail before you have your day in court. We also answer your questions about the criminal law process in Robertson and Montgomery Counties.

Assault

We mentioned that most criminal arrests begin with traffic stops. Assaults, be they domestic or otherwise, usually begin with responses to disturbance calls. That beginning often creates evidence problems later, which is one reason assault arrests often do not become assault cases.

Before we go further, let’s touch on the four basic different kinds of assault cases in Tennessee, which are:

In terms of arrests and bail issues, ABC is different from the other offenses. Since it is basically a traffic ticket, many officers simply issue citations. So, this is one situation where there may be no need to work with a Fizer bail bond company near you.

The aforementioned aggressive nature of law enforcement officers also applies to prosecutors. Generally, prosecutors may file the most egregious charges possible in assault cases. So, they may file ordinary assault charges when the facts really only support ABC, AA when the facts merit ordinary assault, and so on. So, when the prosecuting attorney gets the file, s/he may quickly realize that the facts do not support the charges. Since the burden of proof (beyond a reasonable doubt) is so high in criminal court, court prosecutors often quickly look for a way out. No one wants additional losses on their records.

Frequently, the evidence problems in these cases are just starting at this point. Especially in non-domestic assault cases, alleged victims often lose interest in the case and are therefore uncooperative. Without this material witness, it’s almost impossible to prove charges beyond a reasonable doubt.

Drug Possession

Most drug possession arrests begin with traffic stops. Frequently, officers pull over a carful of people. During a subsequent search, which might or might not be legal, an officer may find illegal drugs or drug paraphernalia. Then, the officer arrests all vehicle occupants, charging them each with drug possession.

These charges rarely hold up in court, and prosecutors know that. In a Tennessee drug possession case, the state must establish three elements beyond a reasonable doubt:

First, let’s talk about the illegality of the substance. This element is normally straightforward. But, believe it or not, substance identity issues come up rather often. Not too long ago, sheriff’s deputies arrested an area college quarterback for possession of cocaine. Subsequent laboratory tests proved that the “cocaine” was bird poop .

The other two elements, control and knowledge, are even more problematic. That’s especially true if the defendant was in the back seat and the drugs were under the front seat, or the drugs were in the glove compartment.

Frequently, prosecutors offer pretrial diversion in weak drug possession cases. Basically, if the defendant jumps through a few hoops, like performing some community service, prosecutors dismiss the charges. That’s usually the best possible outcome in these cases.

Theft

The evidence issues we discussed with regard to assault, lack of evidence at the scene and an uncooperative material witness, often plague theft cases as well.

These things are especially true in shoplifting cases. Frequently, store detectives catch defendants before they leave the premises. Therefore, these defendants are only technically guilty of theft. They took the property with intent to derive the owner of its use, but they did not remove the property. In other words, the store lost no merchandise and therefore lost no money. Not many people want to go to court over a technicality.

That’s especially true if, as is usually the case, none or twelve months pass between the theft and the trial date. Not only have many property owners lost interest in the case. In many cases, they have physically moved outside the court’s subpoena range. So, they are unavailable.

Since theft is also a nonviolent crime, prosecutors are usually quick to offer programs like pretrial diversion, which was discussed above.

Fizer Bonding Company, your best friend to get outta jail FAST!

To “get your tail outta jail FAST” and more information about what to expect during the bail bonding and criminal justice process, contact the Montgomery County bail bonds professionals at Fizer Bonding Company . You can find lots of valuable information to your arrest and bail related questions on our website blog library . Contact us 24/7 to get out of jail in Montgomery County fast and easy. We get your “tail outta jail” 24/7 Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agen ts.

“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

**Disclaimer**

Be advised that www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice consult with a competent attorney in your jurisdiction. www.fizerbailbonds.com provides information only and the site may include inaccuracies or typographical errors. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Will That Hold Up in Court? Most Common Arrests That Don’t Make It All the Way appeared first on Fizer Bail Bonds .

The Real Deal: 24-Hour Bonding

Wed, 27 Oct 2021 06:37:00 GMT

American companies are very adaptive. They have figured out that many people prefer doing business over the internet. They have also learned that such transactions cost a lot less. As a result, the number of e-commerce transactions has more than tripled since 2010. Normally, bonding companies have very high costs. So, many companies have shifted most or all their business to the internet. If they have brick-and-mortar establishments, these facilities are rarely open 24/7/365 and often keep their doors open from the afternoon to late evening if the area has after hours foot traffic.

At Fizer Bonding Company, we take an all inclusive approach. Our Montgomery County bond service has a fully functional website . We hope you take advantage of this site to learn more about us. However, our site is mostly informational. We do not have a payment portal. We prefer to conduct most or all of our business live and in person, or over the phone. This business model keeps our costs reasonable and also helps prevent us from passing on any unnecessary costs onto our clients. Furthermore, we are not in the bail bond business to just make money. We are in this business to help people.

Raison d’Etre

According to the 1987 cult film Raising Arizona , the FBI’s reason for existence is tracking down microbes on criminals and Communists. Our raison d’etre is protecting your freedom, in more ways than one, and jumpstarting your criminal defense. In other words, the people we help are not just our customers.

Incarceration impairs social health, to say the least. People who are behind bars miss moments in life that never come back again. Like most people, Fizer Bonding Company believes in personal responsibility. We do not believe that friends and family should pay the price for mistakes that someone else makes, but we also understand that it is friends and family that come forward to help when their loved one is in jail and needs to get out quickly. Incidentally, in terms of criminal laws, there is a difference between moral and legal responsibility. More on that below.

Incarceration also affects mental health. Jail usually changes people, for better or for worse. As soon as the cell doors close, the body begins producing huge amounts of stress hormones. People have different reactions to the resulting chemical changes in their brains. Some people are determined not to go back to jail again, so they make life changes. In other cases, the chemical changes are overwhelming, and the resulting personality changes are more unpredictable.

As for a legal defense, incarcerated individuals cannot assist in this process in any meaningful way. In fact, due to the coronavirus pandemic, authorities often restrict personal contact between attorneys and clients even more than they did before. Additionally, due to the aforementioned chemical changes, many jail inmates are not thinking clearly. As a result, they often make decisions that hamper their legal defense down the road.

In this context, there’s a big difference between legality and morality. Defense attorneys are primarily concerned not with what the defendant did, but what the state can prove beyond a reasonable doubt. Fizer Bonding Company works hard to “get your tail outta jail fast” …this is our way of providing proactive help to the citizens of our area, proving we are the real deal.

A Fizer bail bond is a conditional release instrument. The sheriff agrees to release the defendant if the defendant follows certain conditions. For the most part, authorities allow the bonding company to decide what conditions to impose. Some bonding companies never make adjustments in this area. They simply expect all defendants to fully comply with all conditions. But we try to be different.

Assume Terry, who lives in Robertson County and works in Montgomery County, is arrested for DUI. A common condition at Fizer Bonding Company, and pretty much all other bail bonds companies near you, is remaining in the county at all times. Obviously, such a requirement would be a problem for Terry. Although he is not trying to skip bail, which is the reason for this requirement, Terry would technically be violating his bond conditions every Monday through Friday.

We usually have the flexibility to modify or eliminate generic conditions such as this one. Most likely, we would modify this condition to accommodate work requirements and prohibit him from traveling outside Robertson County or Montgomery County areas.

Such changes are not always possible. DUI is a good example. Judges often impose IID (Ignition Interlock Device) requirements in these situations.

An IID is basically a Breathalyzer that is attached to a vehicle’s ignition (which is paid for by the bond client). The defendant must provide a chemical sample below a certain level, usually .04, before the vehicle will start. Furthermore, while the car is moving, the defendant must give periodic samples which must all be below the pre-set maximum level.

We usually cannot alter conditions that a judge adds to bail bonds. However, we can connect Terry to an IID provider and help him understand how to comply with the judge’s order. At a subsequent bail modification hearing, sometimes a lawyer can request the judge with additional evidence to eliminate or modify restrictive conditions like IID requirements.

Information About the System

Many of the people we help have never been arrested before. They do not know where the courthouse is, and they certainly don’t know what to expect in the criminal justice process. We are not lawyers, but we can give people some information about what procedures come next, so they can have valuable information to make the best decisions available to them. Once again, proving we are the real deal.

Most people assume that if the police arrest someone, that person did something wrong. But as mentioned, there’s a difference between moral and legal guilt. There’s also a difference between an arrest and a conviction. Police officers need probable cause to arrest defendants. That’s one of the lowest levels of proof in Tennessee law. Juries may only convict defendants if prosecutors provide proof beyond a reasonable doubt. That’s one of the highest levels of proof in Tennessee law.

Furthermore, many offenses involve procedural defenses, like an illegal interrogation or illegally seized evidence. If an attorney reduces the amount of evidence prosecutors can use, the likelihood they can prove guilt beyond a reasonable doubt usually goes down.

In most criminal cases, these issues are largely theoretical and often these matters settle out of court. So, a defense like lack of evidence or a procedural error is like the odometer reading on a used car. These things create negotiation leverage. These negotiated settlements, especially if a defense attorney has leverage, usually include reduced sentences and/or reduced charges. Fizer Bonding Company recognizes the first step to a strong self defense is to be free on bond. Another reason we are the real deal.

All these services and more are available from the Clarksville, TN bail bonds location of Fizer Bonding Company. Contact us 24/7 to get out of jail in Montgomery County fast and easy. We get your “tail outta jail” 24/7 Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agen ts.

“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

**Disclaimer**

The post The Real Deal: 24-Hour Bonding appeared first on Fizer Bail Bonds .

Remember Court Dates While Out On Bond

Thu, 21 Oct 2021 04:13:00 GMT

Appearing at required court dates is probably the most important condition of bail. This condition has changed significantly, especially in the coronavirus age. In the “BC” (before corona) times, most judges required defendants to appear at all pretrial hearings, even the purple procedural ones. Now, however, many judges only require defendants to appear at hearings and trials. Some other common conditions of bail are discussed below.

Many Montgomery County bail bonds companies do little or nothing to remind defendants about required court dates. They see such reminders as a lawyer’s job. There are some major problems with this approach, which is why we, Fizer Bonding Company , use a different one in Springfield, Tennessee. Most local criminal defense attorneys are diligent individuals who actively look out for their clients’ rights. But not all of them fall into this category. Furthermore, many criminal defendants don’t have lawyers, especially in the early stages of their cases.

At Fizer Bonding Company , we are different. We transmit regular reminders to defendants about their upcoming court dates. Sometimes, we call people or email them. Generally, however, we send text messages. These messages are discreet and usually get people’s attention better than anything else. We usually include specific directions, such as “the circuit court is located on the first floor of the courts building.” If necessary, we also include a link to relevant mass transit information.

Common Bail Conditions in Montgomery County

Attending required hearings is the most important condition of bail. But it’s usually not the only one. That’s especially true in bail bond cases. A bail bond is essentially an insurance policy. All policyholders know that these policies usually have additional conditions on top of paying premiums. Bail bonds are no different. To protect their financial stakes in these cases, most bail bondsmen near you add additional conditions, such as:

Usually, most bail bond contracts prohibit defendants from going to bars or places which serve alcohol. A few contracts, especially in DUI bail cases, require defendants to abstain from alcohol. Most judges usually impose such requirements once the case goes to court, so this bail condition gives defendants a head start in staying sober and out of trouble.

Installing and maintaining an Ignition Interlock Device is another common DUI bail condition. IIDs are essentially small Breathalyzers that mechanics attach to a vehicle’s ignition. Unless the driver provides a breath sample below a pre-set limit, which is usually .04, the vehicle won’t start.

When the car is on the road, the IID occasionally prompts the driver to give additional breath samples. It’s not always safe to blow into a hose. So, the device allows a certain number of rolling refusals. Too many such refusals, or a rolling failure, disable the ignition and make it impossible to re-start the car.

Additional bail conditions are also very common in assault crimes. Many judges add conditions like stay-away and kick-out orders to bail agreements. A stay-away order prohibits defendants from contacting alleged victims. Kick-out orders exclude defendants from shared residences.

These conditions, and other conditions, exist to keep people safe and not to punish defendants. If a condition crosses the line, modification might be appropriate. A keep-away order is a good example. Technically, these orders could prohibit, or at least restrict, parent-child contact.

As part of the intake process, we ask questions in these areas, not to be nosy, but to get ahead of any potential problems. Often we can help to modify the conditions if we know about issues in advance.

What to Expect in a Criminal Case

There are usually five different types of settings in Tennessee criminal cases. Not every defendant must appear at every one, and not all cases have all types of settings.

First Appearance

This setting is, wait for it, the first setting in a criminal case. Most judges always require defendants to show up at these settings, even if they already have lawyers. Most judges want to review some specifics about the charges and ensure that the defendant understands what’s going on.

If the defendant does not have a lawyer, the Sixth Amendment technically requires the court to provide one. But that’s not always the way things work.

Depending on the court, the provided attorney is a court-appointed private lawyer or a public defender.

These lawyers have at times received a bad reputation in certain parts of the United States. Sometimes, these reputations are justified. Some court-appointed lawyers are newly graduated from law school and might seem to be underqualified in a specific area of law and some public defenders are just simply overworked. However, in the vast majority of situations, these advocates are just as good as, or even better than, a privately-retained attorney.

However, such assistance is not always available to defendants who are out on bail. Many judges assume, rightly or wrongly, that if the defendant can afford bail, the defendant has the funds to hire a lawyer. More often than not, family and friends have stepped forward to pay the bail bond and do not have extra funds available to pay for the attorney.

Announcement

In this context, “announcement” is Legalese for “deciding what to do next.” Attorneys need some time to evaluate cases, investigate the facts, and identify all possible defenses. After this analysis is complete, attorneys and clients decide on the next step. Some judges require defendants to appear at announcement hearings and some do not.

Plea

Nine times out of ten, a plea is the best option. Usually, plea bargain agreements feature reduced charges and/or lower sentences. The old saying that a bird in the hand is worth two in the bush is usually true in this context. A plea is not a complete dismissal of charges or a not guilty verdict. But in many cases, it’s almost as good and avoids the uncertainty of trial.

Bench Trial

Sometimes, prosecutors and defense attorneys cannot agree on a plea bargain. Politics frequently get in the way. Supervisors may insist on prosecutors to press forward no matter what. Bench trials are much less elaborate than jury trials, so they are easier to schedule. The judge serves as both judge and jury.

Jury Trial

Attorneys usually set cases for jury trial when the facts are not necessarily on their side but the defendant is somewhat sympathetic. The so-called nerd defense is a good example. Jurors look more favorably upon nerdy defendants who wear eyeglasses or pocket protectors, especially in violent criminal cases.

The bonding agents at Fizer Bonding Company fully participate in making sure their bail clients appear at all required court dates and understand the importance of communicating effectively with the court system. For more information about the bail bond process, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company . For more information about your specific criminal justice case and proceedings, speak with your attorney. At Fizer Bonding Company we get people out of jail FAST and make the bail process EASY. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post Remember Court Dates While Out On Bond appeared first on Fizer Bail Bonds .

Can I Be Arrested For Protecting My Grandchildren?

Tue, 28 Sep 2021 15:51:00 GMT

Back in ye olden days, almost all children lived in “traditional” households: a married mother and father, who had never been married before, and their pure biological children. Now, most children live in “nontraditional” households, usually a step-parent household. Other nontraditional households include grandparent-headed households. About ten million American children formally live in such an arrangement. Millions more technically live with a parent, but a grandparent provides considerable emotional, financial, and other support.

That emotional support includes protecting grandchildren from physical harm. For the most part, Tennessee has rather broad self-defense laws. These laws apply to both formal and informal living situations. In other words, even if you do not have full or even partial custody of your grandchildren, the law may protect you if you reasonably believe you need to defend them.

However, even if you are legally innocent of the charges, police officers can, and usually do, make arrests in these situations. The charges simply might not hold up in court later. Usually, if there is any evidence of a crime, especially a violent crime, officers err on the side of caution and slap the cuffs on people. An arrest is a very frightening experience, but try not to panic. A bail bond company near you, such as Fizer Bonding Company serving Robertson and Montgomery counties in Tennessee, can usually arrange for immediate jail release, even if you were compelled to use deadly force in defense of your grandchildren.

Self-Defense Laws in Tennessee

The concept of self-defense goes all the way back to the Code of Hammurabi, which was written about 4,000 years ago. Today, the defense takes various forms in various jurisdictions. In some states, self-defense is quite limited. But in the Volunteer State, protection is available whether you protect your grandchildren at home or in public.

Proportionality

This concept is central to self-defense, a doctrine that also includes defense of others and defense of property. As mentioned, this state’s self-defense laws are rather broad, but the Chicago way is usually against the law in Tennessee. The amount of force you use to protect your grandchildren must be reasonably proportional to the threat they face.

So, the R -word is central to a self-defense argument in Tennessee and pretty much everywhere else. Reasonableness is also the standard in other areas as well, most notably in the controversial stand-your-ground law, which is discussed below.

What does “ reasonably proportionate” mean in court? The dictionary definition of reasonableness, which is usually something like an act that is fair, practical, and based on good judgment, is pretty much useless. Instead, let’s look at some examples.

Assume an unarmed Conor McGregor threatens my grandchildren. In this instance, the Chicago way may be applicable, at least in part. I might reasonably believe I need a weapon, like a golf club, to protect them. In fact, I might reasonably believe I need a neutron bomb to protect them.

Now assume an unarmed local citizen threatens my grandchildren. I probably do not need a weapon to deter him/her. In fact, I might not even need to use physical force at all but instead a firm, “stay away from my grandchild” statement would be enough. Ultimately, if there was an altercation and an arrest is made and then a court hearing, the jury usually has the final word in these situations.

Deadly Force

Special rules apply to deadly force used in self-defense. Even if it is reasonably proportional, the use of deadly force could still be illegal, at least in many states. But fortunately Tennessee has a stand-your-ground law. State law specifically gives people the right to use deadly force in defense of themselves or others. Not all states have such a provision.

Moreover, actors (people who act in self-defense) in Tennessee do not have a duty to retreat before they use deadly force, as long as:

The “I thought he had a gun” defense, which police officers often find themselves having to claim in many on-duty shootings over the years, is the most problematic scenario. Especially in the dark and when their adrenaline is pumping, people could easily mistake almost any object for a gun or other weapon.

Because there is so much grey area, if there is any possibility that the defendant might be guilty, police officers usually make arrests. More on that below.

The Castle Doctrine

This concept, which comes from the politically incorrect expression that “a man’s home is his castle” and is embedded in Section 39-11-611 , makes it easier to establish self-defense if the defendant was at home. It applies if the defendant used force that was “likely to cause death or serious bodily injury.” As a rule of thumb, if you have any weapon at all, such as the aforementioned golf club, the SBI (Serious Bodily Injury) presumption usually applies.

In Tennessee and other castle doctrine states, jurors must presume that you have a “reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest” if another person “unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle.”

Assume Conor McGregor knocked on my door and, after I opened the door, he threatened my grandchildren. Any defensive response is presumptively reasonable. The prosecutor must rebut that presumption in court. But if Conor McGregor stopped me and my grandchildren at the park and threatened them, I would have the burden of proof to show that my response was reasonable.

Evidence Needed for Arrest

The castle doctrine and its liking are all affirmative defenses. A defense attorney must raise them in court, and a jury must embrace them. So, as far as police officers are concerned, they do not matter. All that matters is that a violent incident has occurred. Usually, officers feel the need to arrest someone, if nothing else to de-escalate the situation.

Officers only need reasonable cause for arrest. Courts give police officers considerable discretion in this area. So, if they believe an arrest is either justified or necessary, it’s very difficult to overturn that arrest.

Bail amounts are usually very high in violent crime cases, and personal recognizance release is almost always unavailable. Therefore, Fizer Bonding Company (Montgomery County bail bonds) must often do a bail bond for the arrested.

Additionally, police officers could arrest grandparents who defend their grandchildren on technical grounds, such as possessing an illegal weapon or disorderly conduct. Several jail release options are usually available in these grandparent defending grandchild situations, especially if the defendant has a clean criminal record.

For more information about possible defenses to criminal charges contact your local defense attorney and for a fast and affordable bail bond to get out of jail quickly, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company . We provide easy and convenient bail bonds for 10% – 15% of the bond. And we give free 24/7 bail bond consultations by phone or click here for more information. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post Can I Be Arrested For Protecting My Grandchildren? appeared first on Fizer Bail Bonds .

Montgomery County 1st Time DUI- Call Fizer Bonding Company

Mon, 20 Sep 2021 16:39:00 GMT

Lots more people in Montgomery County are asking Fizer Bonding Company this question after police officers arrested approximately two dozen people for alcohol-related offenses over the 2021 Labor Day Weekend.

During the weekend, the state funded saturation enforcement patrols. This grant paid officer overtime and other costs associated with the enhanced enforcement. “Increased state and national messaging about the dangers of drunk driving, coupled with increased sobriety checkpoints and high visibility enforcement, aim to drastically reduce the number of drunk-driving crashes, injuries and fatalities this year,” remarked police Lt. Charles Gill.

Since 2018, the number of DUI arrests in Montgomery County has increased by more than 60 percent.

DUI and Jail Release

First things first. Prompt jail release is not only important for personal reasons. It’s also important for health and legal reasons. The amorphic illness known as the “jailhouse blues” is a real thing so we get you out of jail FAST. Pretrial detention causes adverse mental effects across the board, and especially for women, young adults, people with pre-existing medical conditions, and other at-risk individuals. Furthermore, defendants who are behind bars can only interact with their lawyers on a very limited basis, especially in the coronavirus era.

Fortunately, since first-time simple DUI is a non-violent offense, the full range of jail release options are usually available. Things could be different if the defendant has been in trouble with the law before or prosecutors add aggravating circumstances, like a collision or a child passenger under 16, to the charges.

Most of these types of offenders qualify for pretrial release. This form of release is often relatively quick. Upon a review board’s recommendation, the sheriff releases the defendant on his/her own recognizance.

A bail bond is the most common option for jail release. That’s where Montgomery County bail bonds agency Fizer Bonding Company , comes into play. Basically, a bail bond is an insurance policy which guarantees the defendant’s appearance at trial. Most of our bonds are priced at a 10% – 15% premium to underwrite these policies.

Jail release usually comes with strings attached. Common conditions include remaining in the county, checking in with a Fizer Clarksville TN bail bonds agent, and staying out of trouble with the law.

Pre-Conviction Drivers’ License Suspension

Tennessee is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples if officers have probable cause to request a sample. If you refuse, the state could suspend your license for one year .

Your license does not automatically become valid after the suspension ends. You must pay a reinstatement fee, present proof of insurance, and jump through some other hoops.

Defendants may request an administrative hearing and fight the suspension. At the hearing, as mentioned, police officers must only demonstrate probable cause for demanding a sample. That’s a rather low standard of evidence. Additionally, in most cases, the administrative law judge is not independent of the DMV and is well versed in the DMV laws and responsibilities of drivers so overturning the suspension is usually a long shot, at best.

However, if the evidence is weak, the ALJ often probates part of the suspension. Additionally, this administrative hearing gives your lawyer a chance to cross-examine the arresting officer under oath. Usually, these depositions cost hundreds of dollars, if they are available at all.

Typically, a restricted drivers’ license is available. The defendant can only drive a vehicle equipped with an Ignition Interlock Device. This gadget, which some people call a “blow-and-go,” is basically a portable Breathalyzer which is connected to the vehicle’s ignition. If the defendant provides a sample above .04 or another pre-designated level, or the defendant refuses to blow, the vehicle will not start or re-start. Of course there are additional fees for this device and are paid at the drivers expense.

Possible Conviction Penalties

Defendants are guilty of DUI if they were operating a motor vehicle while they were intoxicated, or they were operating a motor vehicle with a .08 BAC or greater. Possible penalties include:

Common conditions of probation include having an alcohol evaluation, performing community service, and attending a DUI victim impact panel.

There are some collateral effects as well. Usually, these individuals must obtain high-risk SR-22 insurance and keep it for at least three years. Frequently, an SR-22 doubles or triples your insurance rates. Employment consequences are common as well. Most business insurance companies won’t cover drivers who have recent DUIs on their records. Furthermore, to many employers, a DUI means that the person has poor impulse control and judgment skills.

Defending DUIs in Court

As mentioned, there are two ways to prove a DUI in court. There are also basically two ways to contest a DUI in court.

Intoxication DUIs usually involve the horizontal gaze nystagmus and other DUI Field Sobriety Tests. Some have said that these tests have shown little scientific foundation. Furthermore, adverse conditions in the field, like flashing squadcar lights, often skew the test results. Police officers usually testify that the defendant “failed” all the tests. But jurors have the last word in this area, and their unbiased view is often different.

In chemical test cases, police department technicians sing the praises of a Breathalyzer like it was the most sophisticated device ever invented. But this gadget is basically an updated version of the Drunk-O-Meter, which was invented in the 1920s. As a result, Breathalyzers have a number of potential flaws. For example, if the defendant burped prior to the test, alcohol particles from the stomach flood into the mouth and can skew the test results. Proving you burped is another matter for your attorney to address.

There are some other possible defenses as well. Lack of operation is the most common one. Even if the defendant is passed out behind the wheel, DUI charges could hold up in court. However, the state must prove that the defendant had the keys and the vehicle was driveable ( e.g. had gas, tires were inflated, and so on). Many times, this proof is unavailable. Lastly, get your best defense started off on the right foot with a Fizer bail bond. The bottom line is that Montgomery County law enforcement does not play if you drive and drink…slow down out there and if you have a little fun be sure to have a designated driver with the party crew.

For more information about getting out of jail fast for a DUI, contact the bail bondsmen near you in Montgomery and Robertson Counties at Fizer Bonding Company . We give free 24/7 bail bond consultations or click here . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post Montgomery County 1st Time DUI- Call Fizer Bonding Company appeared first on Fizer Bail Bonds .

Breaking Down SB 804’s Bounty Hunter Regulations

Mon, 30 Aug 2021 11:00:00 GMT

When most people think of bounty hunters, they think of images like these . There are a series of violent takedowns which, purely by coincidence, a film crew is always there to capture flawlessly. But in reality, the day in the life of a bounty hunter is more like this . Bounty hunters rarely, if ever, confront bail-skippers. Instead, they run skip traces. They use bits of information, like credit reports and utility bill payments, to track a defendant’s movements and ascertain his/her whereabouts.

Regardless of what they do, the state closely regulates bounty hunters. After all, these individuals are very close to law enforcement officers, yet they do not have nearly the same level of training or commitment. SB 804 makes some significant changes to the regulatory system which could affect not only bounty hunter behavior but also the cost of a bail bond in Tennessee.

At Fizer Bonding Company , we are in favor of regulations which apply to Montgomery and Robertson County bail bond companies. These rules assure uniformity and professionalism in an industry that, in the past, has been known to occasionally lack both these things. However, like most other business owners, we are wary of new rules which could increase our costs, make services harder for clients to receive, and drive up the price of bail bonds. So, when this proposal came across our desk, we wanted to give it a closer look.

Loophole Closure

Basically, bail bonds companies are like insurance agencies. Insurance agents usually deal with things like auto insurance and fire insurance. Fizer Bonding Company (bail bond near me) deals with appearing-for-trial insurance, if that’s a word. Property insurance companies assume the financial risk if your house burns down, and a bonding company assumes the financial risk if a defendant, who is out on bail, does not appear at trial.

What is this financial risk, you say? We’re so glad you asked. Typically, when the county sheriff initially processes inmates, the sheriff sets a presumptive amount of money for jail release. This bond is like a rental security deposit. If you pay the deposit and fulfill all lease terms, you get most of the money back. A cash bond works essentially the same way.

The problem is that, in many cases, the cash bond amount could be several thousand dollars. Many families do not have large amounts of cash on hand and can find it even hard to pay a $400 emergency expense . Therefore, having to pay a few thousand dollars is an amount that most arrested individuals and their families will roll their eyes at.

So, for about a 10-15 % premium, a bonding company puts up the bond money. That means the defendant gets out of jail quickly, and for only pennies on the dollar.

What does all this have to do with a loophole closure, you say? Once again, we’re glad you asked. Since bonding companies are partly insurance agencies, there has usually been some uncertainty in Tennessee as to what government agency regulates these companies. Generally, insurance agency regulations are much laxer than bonding company rules. SB 804 closes this loophole and places bonding companies squarely under bail bonds laws. We’re okay with this…it just means that those who do their job well, like Fizer Bonding Company, will be able to keep doing their business.

Bureaucratic Oversight

Currently, the courts in Montgomery and Robertson County oversee our bail bond offices. That arrangement works pretty well. Local judges are familiar with both bail bond company and bonding client local needs and conditions. Furthermore, different criminal judges have different rules regarding the defendant’s appearance at pretrial procedural hearings. So, this regulatory arrangement helps us keep tabs on these changing rules.

SB 804 would give the Department of Insurance and Commerce these powers. SB 804 is adding one more layer of required agency cooperation and oversight to bail bond agencies. Cooperation and transparency is beneficial for all agencies involved so as long as we all cooperate, all is going to be very positive for everyone.

Disciplinary and Grievance Process Changes

Right now, if a bounty hunter steps out of line or the county denies a license to a wannabe bail bond company owner, the matter goes directly to a civil court. Anyone who has ever been a party to a civil case before knows that this process is often long and frustrating.

The new law would require challenging parties to present their cases in an administrative hearing. Under the Uniform Administrative Procedures Act, an administrative hearing is basically a private trial. There is a judge, or actually, there is an Administrative Law Judge who acts like a judge. But there is no jury. The post-DUI drivers’ license suspension process is a similar administrative procedure. But a DUI ALJ’s decision is usually final, and a bail bond ALJ’s decision could be appealed through the courts.

We’re in favor of this change as well. Since there is no court reporter and no jury, private ALJ hearings are not always the best way to resolve disputes. But they are almost always the fastest way, and SB 804 includes an appeal process.

Expedited Insolvency Proceedings

Bail bonds companies assume financial responsibility for millions of dollars in cash bonds. Not all of them go bad at once, but a significant number of them could possibly go bad. Therefore, Tennessee law has very high capital requirements for bond companies.

Currently, the courts resolve any issues about financial solvency, or rather the lack thereof. SB 804 transfers this responsibility to the state. That’s probably a good thing, since most solvency disputes are pretty technical. Historically there’s usually very little reason why these matters should end up in court in the first place.

Modified Ownership Requirements

SB 804 deletes the rather silly requirement that a bonding company owner has at least two years’ experience in Tennessee. Sam could have fifty years’ experience in Hopkinsville, which is just a hop, skip, and a jump from Clarksville. But since Christian County is across the state line, Sam couldn’t open a shop in Tennessee. That’s seems pretty ridiculous and fortunately
SB 804 now removes this requirement.

Section 6 requires bonding company owners to put up a $10,000 bond and have clean criminal records. Going into business is an expensive venture so this seems to be par for course for business owners.

Additional Educational Requirements

This bill would double the annual continuing education requirement from eight to sixteen hours. SB 804 also increases the quality of available training courses. It also doubles the out-of-pocket cost maximum. These are good things for our industry. Once again, cream will rise to the top and keep everyone professional and running in tip top shape.

Audit Requirements

Currently, the bail bond industry is largely self-regulated in Tennessee. Currently bonding companies have to perform their own internal audits as needed. SB 804 would allow regulators to randomly audit items like financial solvency and educational records. It is simply a way for state and federal agencies to inspect what they expect from the bail bond profession. If this legislation helps bonding companies stay in business and keep communities safe through the bail bond process we say, bring it on!

Why do we go to all this trouble to break down a rather obscure legislative proposal, you say? We’re SO glad you asked. We use this same, deliberate approach in every bail bond we write. Our attention to detail means higher efficiency and lower costs. So, if you or a loved one needs a bail bondsman in Clarksville, TN, reach out to Fizer Bonding Company. At Fizer Bail Bonds , we want to help you and your loved ones get out of jail as soon as possible even when your loved one is caught over the limit with drinking and driving laws . Regardless of your situation for arrest for driving while under the influence, contrary to popular belief, you CAN be jailed for your first offense. Here in Springfield, Tennessee, the bond amount for drinking and driving can be steep. We offer DUI bail bonds, as well as free 24/7 consultations or click here . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post Breaking Down SB 804’s Bounty Hunter Regulations appeared first on Fizer Bail Bonds .

What is Tennessee SB219 and Why Should I Care?

Wed, 11 Aug 2021 14:44:00 GMT

This new law, “An Act to amend Tennessee Code Annotated, Title 40, Chapter 11, relative to bail,” probably did not come up in many cocktail party conversations before it became active on June 1, 2021. That’s probably because SB219 is an omnibus bill . Although it says it is “relative to bail,” such provisions usually contain a number of unrelated mandates. In fact, the original version of SB219 included some rules on paying for transdermal monitoring devices. We are not sure what, if anything, that issue has to do directly with bail bonds in Clarksville, TN but they certainly are an important part of some bail requirements.

Most of its provisions concern bounty hunter qualifications and activities in Tennessee. Currently, the qualifications and regulations are not quite as lenient as they are in Heimlich County , but they are not necessarily very strict either. Essentially, a bonding company is like an insurance company, and bounty hunters are like insurance adjusters. Bounty hunters prevent financial losses when things with a bail bond client go sideways. Thus, they can help lower overall bail costs.

SB219 popped up on our radar at Fizer Bonding Company because our Montgomery County bail bonds office keeps a close eye on local and national legal developments that affect both our company and clients. As mentioned, politicians can be known to cram all sorts of things into omnibus laws, in the hopes that they will easily pass. But if a law could possibly affect bail bond availability, we look into it. To us, there’s nothing more important than getting our bail bond clients out of jail quickly and cheaply so they can take full advantage of their day in court.

Bail Bonds and Bounty Hunters in Tennessee: A Primer

Before we talk about the role of bounty hunters, let’s briefly discuss the bail bonds process in Tennessee. Bail bonds are often the only alternative to pretrial release, which is only available in some cases, and cash bonds, which are usually too expensive for most people to afford.

As mentioned, Fizer Bonding Company (bail bond near me) is a lot like an insurance agency. The company writes policies that ensure that the defendant will appear at trial. Most companies charge about a 15 percent premium for this service. Other conditions usually apply to bail bonds as well.

The conditions which we often attach to bail bonds, like checking in with our office and remaining within the county, might seem like pointless restrictions. But, they are actually preventative measures which, in many cases, make bounty hunters unnecessary. Monthly check-ins are a good illustration. If we are able to keep regular check-ins with our clients, then we are there to quickly help resolve any issues that may arise with keeping check-in times and conditions. These limits apply to everyone.

In most situations, if you have an issue with a bail condition, we can usually resolve the dispute, as long as we know there is a problem and you let us know before it becomes a problem that jeopardizes your bail contact. For example, many of our clients live in one county and work in another one. So, an order requiring them to remain in Montgomery County obviously doesn’t work.

When we do have a need for bounty hunters, they usually do not carry rifles or pistols. They normally carry phones or computers.

Life happens, and sometimes we are unable to keep our obligations. We forget things like meeting times and court dates. Sometimes, a simple reminder phone call is enough to set things right.

If the defendant has actually “skipped bail” and left the jurisdiction, many bounty hunters run skip traces . With personal information in hand, bounty hunters can check credit reports, job applications, credit card activity, utility bill payments, and a myriad of other activities and often locate people without much of a problem. Then, since the defendant has violated a court order, the bounty hunter contacts local law enforcement, who usually arrest the defendant.

Revised Bounty Hunter Qualifications

Pretty much anyone can call themselves “bounty hunters” in Tennessee. The only real requirements, which SB219 altered, are a (relatively) clean criminal history and eight hours a year of continuing education accredited by the State of Tennessee.

Under the new law, if you have two or more misdemeanor convictions within the past five years, you cannot be a bounty hunter in the Volunteer State. Furthermore, at least five of the eight hours must be focused specifically on bail bond and bounty hunter issues. The other seven hours are usually general criminal law seminars.

State law imposes a few other requirements as well. For example, bounty hunters must make a good faith effort to validate addresses of bail-skippers and must also provide certified companies of certain documents to local law enforcement agencies if they are requested.

Being a professional bounty hunter, however, is a very different matter. Most bonding companies have very strict requirements in this area. At Fizer Bonding Company, our standards are even higher. We reject about 90 percent of the bounty hunter applications we review. On the rare occasions that we hire someone, we closely supervise the contract and show zero tolerance for any behavior that falls short of our standards.

More Regulations for Bounty Hunters

As mentioned, at Fizer, we have very high standards regarding bounty hunters. Unfortunately, some other bonding companies do not share this commitment. They might look the other way when a bounty hunter impersonates a law enforcement official, or implies that he/she has this authority. Sometimes, the company even encourages such behavior. SB 219 puts the brakes on practices like this.

We also mentioned the arrest procedure above. However, that’s not always the way it goes down. Especially for misdemeanors, many foreign law enforcement agencies do not make arrests in these cases. They do not want to spend the money or expose themselves to possible liability. Transporting a prisoner, especially transporting prisoners across state lines, is a risky proposition .

So, bounty hunters must occasionally detain wayward defendants. These confrontations are almost always completely non-violent. However, they are sometimes necessary, and the new law gives bounty hunters the power to detain suspects in these cases.

For more information about how Fizer Bonding Company (bail bond near me) can “Get your tail outta jail!” 24/7 in Montgomery and Robertson Counties Tennessee contact us today 24/7 at (615) 667-1109 for a FREE bail bond consultation. Our professional, courteous, and understanding bonding agents are ready to help you get out of jail fast and cheap!!! 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

**Disclaimer**Be advised that www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice consult with a competent attorney in your jurisdiction. www.fizerbailbonds.com provides information only and the site may include inaccuracies or typographical errors. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post What is Tennessee SB219 and Why Should I Care? appeared first on Fizer Bail Bonds .

Can I Be Arrested If I Don’t Immediately Pull Over?

Fri, 30 Jul 2021 03:50:00 GMT

At one time or another, we have all seen the party lights in our rearview mirrors. In almost all cases, officers pull over motorists for traffic violations. In many cases, the infraction is a non-moving violation, such as the now-infamous dangling air freshener. Therefore, many people assume that they may pull over at their leisure, as long as they do not flee in a Dukes of Hazzard fashion.

High-speed police chases are certainly easier for the state to prove in court. However, if the officer believes that you attempted to evade detention, or that you thought about it then thought better of it, prosecutors could successfully bring evading arrest charges. More on that below. Furthermore, if you do not pull over straight away, the law enforcement contact gets off to a bad start. As we have all seen recently, once these encounters go wrong, they often end badly for everyone. More on that below as well.

Since evading detention is a nonviolent crime, the bail bondsmen near you at Fizer Bonding Company can normally help these defendants get out of jail quickly. We do more than “get your tail outta jail.” We also provide resources about the criminal justice bail bond system in Robertson and Montgomery counties, because we understand that the process is rather intimidating, especially for first timers. This information helps you make better decisions as your case unfolds.

Tennessee Law

In most states, evading arrest or detention is a misdemeanor. But in the Volunteer State, it is a Class E felony to “ intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.” Additionally, if the officer believes that the motorist created “a risk of death or injury to innocent bystanders,” prosecutors may upgrade charges to a Class D felony.

Note the wording in the enhancement provision. It’s a risk of injury, not a risk of serious injury. Pretty much any sharp turn or sudden acceleration carries a risk of injury.

There’s more. Section 39-16-603 also includes a mandatory drivers’ license suspension. That period can be up to two years. Moreover, the court immediately confiscates the defendant’s drivers’ license. Usually, a drivers’ license is the only form of picture ID that individuals have.

Intent is usually key in these cases. This requirement protects motorists who are afraid to pull over, for whatever reason. And there are a number of perfectly valid reasons. For starters, not all police cars look like police cars. Unmarked squad cars have no official designation. That’s why they’re unmarked. Furthermore, a recent scientific study revealed that it gets dark at night and many areas are not well-lit. Some motorists are afraid to pull over in an area that is not well lit and for good reason!

So, it’s usually a good idea to activate your hazard flashers the moment you see the party lights going around. Furtive movements, like waving to the police officer or jerking your neck around to look in your mirror, could be considered hostile. This simple move makes it almost impossible to prove intent beyond a reasonable doubt. At most, the state might establish that you intended to annoy the officer by making him/her follow you. If you were afraid to pull over and needed to find a place that “felt safe”, be sure to politely indicate this to the officer when they come up to your window. But that’s not against the law in Tennessee to find safe ground to pull over when told to do so by law enforcement.

On a related note, pay attention to your behavior after you pull over. Turn off the ignition, turn on the dome light if it’s dark outside, roll down the window, and put your hands at 10 and 2 on the steering wheel. Any other movement, such as rummaging through your glove box for your proof of insurance, could be misconstrued.

Your Rights During a Police Stop

Federal law requires individuals to comply with basic “step out of the car” commands. You must also give your name upon request and produce your drivers’ license and proof of insurance upon request. But that’s pretty much it. The protections listed in the Fifth Amendment apply as soon as custodial interrogation begins.

“Custody” means the defendant doesn’t feel free to leave and “interrogation” means asking any questions, even something like “Do you know why I pulled you over?” In other words, the right to remain silent kicks in almost immediately.

The Supreme Court added an important new wrinkle to this issue in Berghuis v. Thompkins (2010) . A sharply-divided Supreme Court ruled that defendants must affirmatively exercise their rights ( e.g. specifically say: “I assert my Constitutional right to remain silent”). Merely keeping one’s mouth closed could be construed as a waiver of this right.

Incidentally, the Fifth Amendment applies to more than verbal silence. It also includes physical silence. Other than the aforementioned basic requirements, motorists need not do anything. For example, at a DUI checkpoint, you do not even need to roll down your window.

That being said, always remember that it’s a bad idea to antagonize officers. And, if you didn’t pull over immediately, even if you had a good reason for not doing so, the officer is most likely in a foul mood already.

These tips don’t only apply to DUI and other criminal matters. But, they do apply to simple speeding tickets. Generally, the officer wants to end these stops as soon as possible. It’s not very safe to stand next to a traffic lane. So, accept the ticket and move on. Comply now and complain later is the latest word from the National Police Association. Besides, even the most gifted orators usually cannot talk their way out of speeding tickets.

Filming the Police

Before we wrap up, let’s talk about filming the police with a cell phone or other camera. Most people assume they have a First Amendment right to record video of police officers as they execute their official duties. But the question is complex, especially in the Sixth Circuit, which includes Tennessee.

The Supreme Court has not yet determined if filming the police is a clearly established fundamental right. That label, which seems like a technicality, determines whether or not the First Amendment applies. In the absence of Supreme Court guidance, individual circuits decide the law for themselves.

Since the Sixth Circuit Court of Appeals has yet to rule on this issue, we are down to lower court decisions. These decisions conflict. In 2014, a Kentucky district judge ruled that no clearly established right existed. On almost the same day, an Ohio district judge made the almost exact opposite ruling. So, for now at least, it’s probably a good idea to put the phone down because currently the laws are gray and uncertain .

For more information about the criminal justice system or Montgomery County bail bonds, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company . Our family-owned bonding service has filled 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

**Disclaimer**

The post Can I Be Arrested If I Don’t Immediately Pull Over? appeared first on Fizer Bail Bonds .

7 DUI Post-COVID Roadblock Requirements In TN

Wed, 14 Jul 2021 03:10:00 GMT

Almost before the ink was dry on Michigan Department of State Police v. Sitz , the 1997 Supreme Court case which legalized DUI checkpoints, Tennessee authorities rolled out a comprehensive framework for such roadblocks. How, if at all, coronavirus will affect these regulations remains to be seen.

DUI checkpoints are especially common around July 4th and other national holidays associated with drinking and driving. Since July 4th was on a Sunday in 2021, police were out in full force throughout the entire three-day weekend. Once upon a time, there was broad public support for round-’em-up police tactics. But as police officer popularity has steadily declined, that support has also steadily eroded.

Back in the old days, courts were willing to overlook some checkpoint shortcomings as “technicalities.” Those days are gone. Now, courts strictly enforce checkpoint requirements. On a similar note, they also strictly enforce individual rights at these roadblocks. Drivers must obey basic commands and produce some documents for inspection. But they need not answer questions or even roll down their windows.

Strict enforcement of checkpoint requirements could affect jail release issues as well. The amount of evidence against the defendant is a factor to consider. Therefore, if there are some obvious problems with the checkpoint, the bail bondsman near you at Fizer Bonding Company might have an easier time arranging for jail release, even if there are some aggravating circumstances, like a chemical test refusal.

High-Level Authorization

The decision to allow checkpoints must come from the highest level. Usually, the state legislature must sign off on the concept. As mentioned, that’s happened in Tennessee, so we can check this requirement off the list.

But this authorization is only a general “checkpoints are okay” authorization. A high-profile appointee who is indirectly responsible to voters, like a police chief, must establish the how, where, and when of a specific checkpoint. For the most part, officers on scene can have no input or discretion when it comes to roadblock nuts and bolts.

These instructions must now arguably include some health and safety protocols. These rules could include contactless drivers’ license and auto insurance inspections as well as some sort of protocol for passenger window interactions. After all, DUI checkpoints exist to keep people safe, not to put them at risk. In our post-corona world, various additional protocols from checking out at the grocery store, to even a DUI roadblock, seem to be popping up every day.

Pre-Checkpoint Publicity

Before we get to the checkpoint itself, we should discuss this requirement. The coronavirus pandemic probably won’t expand this requirement, but it certainly won’t reduce it either.

This factor is not as vague as the “reasonableness” factor discussed below. But there is still some room for interpretation. Basically, the sponsoring agency must advertise the checkpoint in advance. These advertisements must give motorists a chance to completely avoid the area. A Tweet a half-hour before an officer says “pull over” clearly is insufficient. But there’s also no need to take out a full-page ad in the local newspaper a month before the checkpoint opens. There’s a lot of area in between these two extremes that police officials use as their advertising methods.

Adequate Safety Precautions

This phrase has taken on an entirely new meaning since the spring of 2020. In the DUI checkpoint context, adequate precautions now include personal safety, as well as roadway safety.

These precautions must go beyond the aforementioned social distancing and contactless requirements. Courts are pretty clear that coronavirus safety measures must make people also “feel safe”. So, these precautions probably include a facemask requirement, even if the officers are fully vaccinated and there is no such government requirement.

Roadway safety requirements remain as well. The safest place for a DUI roadblock is usually a straight portion of a four-lane surface street that’s at least a quarter mile away from the nearest intersection. Furthermore, officers must set up traffic cones to control the traffic flow. Large, intricate checkpoints like this are expensive to operate. But the sponsoring agency must foot the bill.

Reasonable Operational Limits

Location and duration are the two most important items in this area. As mentioned, an interstate or intersection is not a safe location. When people suddenly slow down or stop in these areas, accidents often happen. Think of all of the consequences from “rubbernecking” and slowing down when you see an accident on the road. On a related note, if the checkpoint nabs more than two or three drivers for non-DUI offenses, especially something like an outstanding warrant, or the suspect of drugs, the roadblock could have some reasonableness problems. There is no hard-and-fast rule as to what constitutes a “reasonable” duration. However, anything longer than about three hours is probably unreasonable.

Adequate Signage

This requirement is connected to the pre-checkpoint publicity requirement. Publicity gives drivers a chance to stay home or completely avoid the checkpoint. Signage must give drivers a chance to turn around before traffic backs up. If that happens, police officers have the right to follow you, and they probably will. However, in most cases, they must have reasonable suspicion to pull you over.

In ye olden days, officers sometimes set up “stealth” DUI checkpoints which vaguely resembled speed traps. Nowadays, officers have been reported to set up DUI roadblocks which resemble coronavirus safety stops. That’s clearly illegal and has seen backlash in their local communities.

Furthermore, the signs must usually give instructions, such as “Have Drivers’ License and Proof of Insurance Ready.” Drivers must be able to go through the checkpoint without interacting with officers. Otherwise, the roadblock violates the Fourth Amendment.

Neutral Formula

“Random” checkpoints are random in the sense that they appear at different places and at different times. They cannot be “random” when it comes to detaining motorists. Officers must follow a neutral formula, such as detaining every fourth vehicle. As mentioned, a police chief or some other holder of proper authority must establish this formula. Officers cannot wave some drivers through and pull over the ones who “don’t look right” or just look “suspicious”.

As far as Montgomery County bail bonds companies are concerned, this factor is probably the biggest one that will be seen with scrutiny. Judges have been known to throw out a checkpoint arrest in the blink of an eye if officers used it as a pretext to detain people based on biased decisions and assessments.

This requirement is closely connected to the next DUI roadblock requirement in Tennessee, which is…

Brief Delay

Under the law, checkpoints cannot unreasonably delay motorists. So, we’re back to the “what does reasonable mean” question. Typically, any delay longer than about sixty seconds is too long. The delay clock usually starts ticking when drivers pass the first “DUI Checkpoint Ahead” sign.

If traffic backs up and wait times extend, officers may usually alter the pull-over pattern. For example, the checkpoint plan might allow them to change from every fourth vehicle to every sixth vehicle, then go back to every fourth vehicle once traffic thins out.

For more information about bail release for DUI arrests and a FAST release from jail, contact the Clarksville, TN bail bondsmen at Fizer Bonding Company . We get your “tail outta jail” 24/7 Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post 7 DUI Post-COVID Roadblock Requirements In TN appeared first on Fizer Bail Bonds .

Can Social Wellness Reduce Arrests?

Mon, 28 Jun 2021 03:08:00 GMT

The traditional view of criminals is that they are, well, criminals. According to many, people intentionally break laws for selfish, personal reasons. Things like mental illness or “making a statement” are just excuses. This attitude is especially prevalent in extremely violent crimes. If a group of people hijack airplanes, and fly them into occupied buildings, and claim they’re making a political statement, very few people will see their actions as justified.

But attitudes are changing. Many people now view crimes, especially nonviolent crimes, as mental health or mental wellness issues. In recognition of July being Social Wellness month, we will explore this topic as it relates to arrests. Recently, the city of Denver rolled out the Support Team Assisted Response (STAR) program. Over six months, team members responded to about 750 trespass, narcotics possession, and other similar disturbance calls. All these calls were resolved without an arrest, involuntary commitment, or any other further incident. Because of this program, we have “a safer community and you have better outcomes for people in crisis,” remarked Denver Police Chief Paul Pazen. This type of social wellness response to police incident calls clearly shows a reduce in arrests.

Wellness issues also affect the arrest process. If there are indications that the defendant has some social wellness issues, the pretrial release system usually kicks into high gear. Several mentally disturbed people have died in police custody over the past several years. No department wants that kind of publicity. But this sympathy only goes so far.

Mental wellness problems also propose some post-release issues. Simple, everyday tasks like being on time to a check-in appointment could be challenging. At Fizer Bonding Company , our Clarksville, TN bail bonds agents are very aware of such issues. So, we proactively design unique post-release plans which fit your needs. We believe in confronting possible problems before they become bigger problems. We also believe in giving you general advice about the criminal justice system, so you don’t feel alone.

Defining Social Wellness

According to one study , “Social wellness refers to the relationships we have and how we interact with others. Our relationships can offer support during difficult times. Social wellness involves building healthy, nurturing and supportive relationships as well as fostering a genuine connection with those around you.” Let’s break these elements down.

Our relationships with family, neighbors, friends, co-workers, and other people we see frequently are the foundation of social wellness. These relationships have highs and lows. Frequently, the lows are incredibly low.

Nevertheless, it’s important to keep investing time and effort into these relationships. Usually, people who feel well-grounded socially are less likely to make selfish personal decisions, like the ones hinted at above.

The universe is a lot bigger than your living room. We stand in line at McDonald’s, work with people at a Montgomery County bail bonds company, tell the doctor about our headaches, and the list goes on. Respect is usually the key to social wellness in this area. Respecting people is often difficult, to say the least. So, if all else fails, try to remember Marge Simpson’s advice .

This all sounds fine and well. But how on earth do you build “healthy, nurturing and supportive relationships” and forge “a genuine connection with those around you?” Especially coming out of a worldwide and very long Coronavirus lockdown? We’re glad you asked. Here are a few ideas:

The bottom line is that “mental wellness” is a verb. It’s not a state of being we achieve. It’s something we work on every day.

Do not forget to take care of yourself throughout this process. It’s possible to give until we have nothing left. If a person in your life cannot understand that you need me-time, maybe the relationship isn’t as healthy as it should be.

Some Specific Examples

We recently posted about the relationship between hot weather and assault . There’s also a relationship between mental wellness and assault. Fundamentally, lack of respect causes most of these incidents. If you have stronger and healthier relationships with both yourself and others, and have good overall social skills, the risk of an assault arrest decreases significantly. Unfortunately, this is not always the norm as we are all influenced by challenging upbringings and environments.

The extended court supervision and other punishments, such as a restraining order, are bad enough. Furthermore, an assault conviction is not something you want on your permanent record. If you cannot play nice with others, your employment and other prospects are usually bleak. Finally, assault is a crime of moral turpitude which could have immigration and other long lasting consequences.

DUI is a good example as well. There’s really no such thing as a “social drinker.” If anything, consuming alcohol in public usually ends up resulting in antisocial behavior and activity. Typically, people drink because they don’t have good social skills and the feeling of being “loose and free” while intoxicated is just that…a feeling…but not necessarily reality. If you work on social wellness, you don’t need alcohol to cope or drugs, at least theoretically and this may be easier said than done. It is never a weakness to reach out to the professional community for help .

The direct and indirect consequences of DUI are usually worse than assault. The total cost of a DUI, when considering direct expenses, liek legal fees, and indirect expenses, like higher insurance rates, could be over $25,000 .

Assaults and DUIs dominate misdemeanor criminal dockets in Tennessee. In many jurisdictions, these two offenses account for almost three out of four cases. Therefore, social wellness is usually an investment that pays handsome dividends, and we aren;t just talking about money.

For more information about new developments in criminal justice, contact the bail bond office near you at Fizer Bonding Company . Our family-owned bonding service has filled 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

**Disclaimer**

The post Can Social Wellness Reduce Arrests? appeared first on Fizer Bail Bonds .

Special Bail Bond Issues in Alcohol-Related Offenses

Thu, 03 Jun 2021 03:02:00 GMT

When defendants are charged with DUI or other alcohol-related offenses, Tennessee law gives the court broad authority to impose almost whatever condition the judge considers reasonable. Usually, a general standard order applies to initial bail conditions. That’s because these matters are not assigned to individual courts until later. When that happens, the judge could unilaterally modify bail conditions. If the defendant does not timely comply with these changes, the judge could forfeit the bond.

So, in addition to the standard bail conditions, most of these defendants can expect some additional restrictions. Since DUI and other alcohol-related offenses are technically public safety matters, courts are willing to grant excessive authority and err on the side of caution.

Frequently, bail conditions in DUIs are quite burdensome. But pretty much any restriction is better than sitting in jail. Fortunately, at Fizer Bonding Company , our Clarksville, TN bail bond agents proactively work with defendants to tailor a set of bail conditions that meet their needs and still conform to judicial requirements. In other words, we work within the law to keep you out of jail until you have your day in court.

Bail Options in DUI Cases

It’s hard to believe, but in some cases, it’s easier to get out of jail for attempted murder than it is to get out for DUI. That’s because of the aforementioned public safety aspect of alcohol-related offenses. If Max tries to kill his ex-wife, he’s arguably only a threat to her. But if Max drinks and drives, especially if there were some aggravating circumstances, he’s arguably a threat to pretty much everyone both on and maybe even off the road.

So, pretrial release is usually only available in limited situations. Pretrial release, or Own Recognizance (OR) release, essentially reduces a DUI charge to a traffic ticket, at least for pretrial release purposes. In fact, in some jurisdictions, pretrial release is unavailable in these situations as a matter of policy. These jurisdictions seem to feel it is better to automatically keep the public safe from harm without question.

In most cases, prompt DUI jail release requires working with a Montgomery County bail bondsman like Fizer Bonding Company. As long as there are no aggravating circumstances, the sheriff usually sets a presumptive bail amount, which means immediate release is available. The most common aggravating circumstances are:

If the sheriff refuses to set a presumptive bond, an attorney can usually get one set at the arraignment. This preliminary hearing usually happens about seventy-two hours after an arrest.

Standard Conditions

Showing up at all required hearings and avoiding further trouble with the law are the two biggest standard bail conditions. Violation of either one usually results in immediate bond forfeiture and issuance of a bench warrant.

The showup requirement varies in different courts. Some judges only require defendants to appear at contested hearings, like a suppression hearing or a trial. Others require defendants to show up at all court dates, even if the hearing is just procedural. Appearance is also always mandatory at your initial court date. Ask the court clerk about the appearance policy. Or, better yet, ask your lawyer. Court clerks aren’t always friendly.

Usually, the “further trouble with the law” requirement includes arrests. We usually advise defendants to stop drinking while they are out on bail. So, they don’t get out of control and they also avoid situations which could lead to legal trouble.

Other standard conditions include periodic check-ins with a bail bondsman, remaining in the county, and working and/or attending school full time. Typically, if a defendant violes such conditions, the judge gives the defendant a chance to make things right.

Offense-Specific Conditions

Almost everyone must get an Ignition Interlock Device . Government organizations, like the CDC , and advocacy groups, like MADD , believe that an IID is the best thing since sliced bread.

An IID is basically a portable Breathalyzer which is connected to the vehicle’s ignition. If the defendant’s BAC is above a certain level, usually .04, the vehicle will not start. Furthermore, the defendant must provide periodic rolling samples. If any result is a fail, or there are too many rolling refusals, the vehicle won’t start the next time you turn the key.

Most pretrial release orders include random drug and alcohol tests. However, if the defendant is driving while the case is pending, we usually say the IID results satisfy this requirement. Of course, the judge has the final word in these cases.

Another possible condition, which is rather unique to Tennessee, is residence in a halfway house or treatment center. The judge usually imposes this condition in aggravated DUI arrests, as outlined above. Sometimes, staying with a sober relative or friend could meet this requirement.

Bond Forfeiture Issues

Finally, let’s talk a bit about bond forfeiture. If the judge issues a bench warrant, that warrant cancels the existing bond. So, the defendant is subject to arrest at any time. These warrants usually contain additional restrictions which make it difficult, but not impossible, to arrange for another bail bond.

Occasionally, judges allow defendants to appear in court and explain why they didn’t meet a certain requirement. But these opportunities are few and far between, and even if the judge hears you out, pretty much no excuse is good enough.

So, we usually advise these defendants to make arrangements with our bondsman at Fizer Bonding Company or their lawyers and voluntarily surrender. That way, they aren’t subject to random arrest and the pretrial release process is much smoother.

For more info about getting out of jail FAST for a DUI contact Fizer Bonding Company or click here . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s.

“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

**Disclaimer**

The post Special Bail Bond Issues in Alcohol-Related Offenses appeared first on Fizer Bail Bonds .

5 Reasons Bail Bonds WIN Over Cash Bail

Sat, 22 May 2021 17:20:00 GMT

Reasonable jail release is guaranteed by the Eighth Amendment . When it comes to the method of release, many defendants have several choices. If the defendant is in jail for a nonviolent offense and has no criminal record, pretrial release, or Own Recognizance (OR) release, might be available. So, unfortunately most people are ineligible for OR since it requires a squeaky clean record. Cash bond might be an option as well. But for most families, three or four thousand dollars is simply out of reach and like finding a unicorn in your backyard. As outlined below, it’s usually best to find a bail bondsman near you. In Montgomery and Robertson counties, Fizer Bonding Company is ready to get you out of jail fast and cheap!

Prompt jail release is important, and not just for personal and legal reasons. It’s important for health reasons as well. When those bars close, the brain releases hormones which trigger a person’s fight or flight instinct. Neither one of these things is an option for incarcerated people. You cannot fight or fly your way out of jail, so these hormones build up and can cause personality changes .

Back to bail bonds. Essentially, a bail bond is an insurance policy. If you have a car accident, your auto insurance company bears the financial risk. Likewise, if you fail to fulfil all bail requirements, the Montgomery County bail bonds agency, Fizer Bonding Company , bears the financial risk. We are more than an insurance company. We also help defendants and their families navigate the complex criminal justice system.

As mentioned, when you work with a Fizer Bonding Company bail bondsman, the company bears the financial risk. Attending trial is not the only condition of bond. In fact, it’s probably not even the most difficult condition. Most defendants look forward to their day in court, especially if they have been through the system before, they have a defense, and they are charged with a felony. But most defendants don’t look forward to the other conditions of bail, which include:

Breaking any one of these conditions could result in bond forfeiture. Usually, there is no bond forfeiture hearing. The judge simply signs an order and takes your money.

In contrast, a bail bondsman does more than bear the financial risk. A bond company can also tailor these conditions and make them easier to comply with. More on that below.

We talked a bit about convenience above. But convenience is more than branch locations and payment options. It’s about attitude.

The sheriff just wants to take your money. At Fizer Bail Bonds, we genuinely want to help you and your family get through this difficult time. Prompt and affordable jail release is just a means to an end.

Cash bond conditions are boilerplate conditions. Everyone gets the same list. About the only exception are the offense-specific conditions. Not everyone must get an IID. Other offense-specific conditions include no-contact orders in assault cases and distance restrictions in sex offense cases ( i.e. the defendant cannot be within 1,000 feet of a daycare).

At Fizer Bonding Company, we review all bail conditions with defendants before they sign on the dotted line, so there are no surprises. Additionally, if there is a problem, we work with you. So, if the defendant is charged with a sex crime and lives within 1,000 feet of a daycare, we can usually include some exemption language, so the defendant doesn’t have to pull up stakes and move immediately.

Generally, the sheriff takes your cash bail money, and that’s about it. But at Fizer Bonding Company, that interaction is just the beginning. If you need more information about the criminal justice system, and we all need more data, our blog is a good place to start. We offer additional resources to our clients. At Fizer, we sincerely hope we never see you again, at least in a business context. We mean that in the best possible way.

“Cash bond” isn’t just an expression. The County Sheriff’s Office only accepts cash. Deputies don’t accept checks or credit cards. Very few people have several thousand dollars in currency stuffed under their mattresses, and most ATMs have low daily withdrawal limits.

In contrast, bail bonds companies usually accept all forms of payment. That includes checks, debit cards, credit cards, and most PayPal-type payments. There’s more. At Fizer, we often handle pretty much all details either over the phone or electronically. So, there’s no need to drive around town with large amounts of cash in the middle of the night. We don’t know of anyone who accepts Bitcoin, but that’s probably the next big thing.

On a related note, many bonding companies accept real estate and other non-cash items as payment. That’s especially true if the bail amount is particularly high, as it usually is in a murder case or other very serious felony.

To learn more about the advantages that a bail bonds agency in Clarksville, TN offers, contact Fizer Bonding Company , we have served Montgomery and Robertson County areas since 1986. Conveniently located at 501 5th Avenue E, near the United States Postal Service in Springfield, TN. 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

**Disclaimer**Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post 5 Reasons Bail Bonds WIN Over Cash Bail appeared first on Fizer Bail Bonds .

Keep It Cool During Summer 2021

Wed, 05 May 2021 17:16:00 GMT

According to the heat hypothesis, the number of assaults goes up when daily high temperatures are consistently in the low 90s . When the temperature gets hotter, this effect fades, because most people just stay home. A few studies also claim there’s a link between global warming and violent behavior, but these conclusions are a bit tenuous.

The heat hypothesis is particularly well-known in law enforcement circles. So, as we enter our first normal summer in what seems like forever, many peace officers will be keeping a tight lid on summertime gatherings. Passionate arguments could easily turn violent in these situations, especially if alcohol is involved.

These gatherings might look different in the summer of 2021 than they have previously. Officials have rescinded most coronavirus restrictions, such as masking and social distancing requirements. However, individual hosts and business-owners are usually still free to impose these limitations. Furthermore, after almost a year of being isolated indoors, many people aren’t used to being around others. They could easily misinterpret your comments and/or actions to “mask-up” as infringing on freedom rights. Freedom to enjoy their summer and be carefree once again!

Being accused of a crime is usually the low point of a person’s life, and Montgomery County’s criminal justice system is particularly complex. Most people feel like that feather at the end of Forrest Gump . They float from one place to another without any idea of where they are going, until suddenly, everything ends abruptly and badly in handcuffs.

At Fizer Bonding Company , our Clarksville, TN bail bond agents do more than get defendants out of jail quickly. We also give our clients general information about the criminal justice process, so they have a better idea of what to expect.

Lingering Coronavirus Restrictions

People have very strong feelings about COVID-19 restrictions. Some are convinced that anything less than a radical lockdown is a reckless disregard for the public’s health. Others are equally convinced that these restrictions are nothing but political statements. Both sides are equally right, which is why even though officials have eliminated most mandatory restrictions, these implied restrictions will probably be with us for quite some time.

School rules are a good example. Clarksville-Montgomery County schools ended the mask requirement effective June 1, 2021. But graduation, which occurred after that date, was still a socially distanced affair with a facemask requirement. The upcoming school year is equally fluid. Local officials have been gearing up for another year of hybrid live/online learning. But for better or worse, the Tennessee State Board of Education pulled the plug on this plan.

So, when you go out this summer, it’s probably a good idea to keep a facemask in your pocket. As of July 1, 2021, local businesses are about 70-30 on the facemask requirement. Most don’t require them, but a significant number still do. That’s especially true if you are travelling. Almost all airports, train stations, ridesharing vehicles, and other common carriers require everyone to wear a mask, even if they are fully vaccinated. Proof of vaccination is a topic for another time, but may prove to be complex and heated.

Even more importantly, try not to get upset over these requirements and innocent requests for social distancing. It might feel good, in the moment, to vent your feelings about this issue. But if someone calls the police, the incident could end very badly. The opposite is also true. If you feel a business’ COVID-19 restrictions are too lax, express your concerns calmly and in private.

Public DIsputes and Criminal Arrests

Tennessee has a rather broad disorderly conduct law . Specifically, it is a Class C misdemeanor offense to:

It’s also illegal to ignore an official order to disperse if people are too close to a fire or other dangerous situation. But we aren’t really concerned with these kinds of disorderly conduct charges in this blog, unless the dangerous situation cited is gathering and being too close to one another. It’s also illegal to make an “unreasonable noise that prevents others from carrying on lawful activities.” To be honest, we don’t know what this provision means, and this could require some more investigation…but not during this conversation.

We’ve all seen videos of people who throw public fits ( the Karen meme ) over coronavirus restrictions. Typically, if the police come, they give the suspect a “time out” in the back of a squad car. After a few minutes, the person calms down and often apologizes to the owners of a business or others before leaving the vicinity.

However, a Class C misdemeanor is an arrestable offense. So, these defendants might need a Montgomery County bail bonds agent with Fizer Bonding Company. Furthermore, officers could also search the defendant. If they find any drugs or other contraband, additional charges are almost certainly forthcoming.

Resolving These Charges

Class C misdemeanors are fine-only offenses. That’s basically the same level as a traffic ticket. Therefore, municipal courts, as opposed to county courts, normally handle disorderly conduct charges. Prosecutors can upgrade these charges to a Class B misdemeanor in some cases.

Most judges assess small fines, such as $50, just to close the file. Sometimes, it’s best to pay this fine and be done with it. The criminal conviction technically appears on your record. But as mentioned, a Class C is basically like a traffic ticket.

Alternatively, most prosecutors offer pretrial diversion programs. Generally, if the defendant picks up trash for a few hours or performs other community service, prosecutors dismiss the case.

Criminal Assault

If the verbal dispute becomes a physical altercation, things get a lot more serious. Generally, assault is a Class A misdemeanor. Injury is not an element of a misdemeanor assault claim. Instead, prosecutors must only prove that the defendant touched the alleged victim in an offensive or harmful way, and the touch was intentional ( i.e. not accidental).

Domestic assault incidents almost always go to court. But most law enforcement agencies don’t have mandatory arrest policies in other assault cases. So, if officers respond to a disturbance, there’s a good chance they might employ the aforementioned “time out” in the back of a squad car approach.

Possible Resolutions

Largely for political reasons, prosecutors hardly ever offer pretrial diversion in domestic assault cases. But bar fights and other non-domestic assaults are different. These cases do not have the same political implications. Furthermore, there’s less chance of escalation. If Mike hits his wife once, there’s a good chance he will do it again. But if Mike gets in a fight with a random stranger, there’s little chance lightning will strike twice in the same place.

Prosecutors also offer pretrial diversion in many cases because assault prosecutions have a lot of moving parts. Normally, the state must subpoena the alleged victim. People may move and in most cases, they do not leave forwarding addresses.

Since assault is a lot more serious than disorderly conduct, it’s usually important to secure a dismissal in these cases. The stay on your criminal record is much worse. Furthermore, assault is a crime of moral turpitude. A conviction could affect student aid eligibility and other areas of your life in the future.

For more information about the criminal justice process, contact the bail bonds agents near you at Fizer Bonding Company . 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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Keep It Cool During Summer 2021 appeared first on Fizer Bail Bonds .

How Texting and Driving Can Get You Arrested In TN

Wed, 21 Apr 2021 18:41:00 GMT

The ongoing debate between privacy and safety heated up considerably after 9/11. The beginning of the smartphone era in 2007 took things up a notch. No one can deny that device distraction is a serious problem. However, the Supreme Court has consistently limited police power in favor of smartphone privacy. Tennessee’s broad hands free law pushes the limits of this debate.

One must wonder what the next stage in this debate might be. It could be the smartphones which manufacturers now embed in the dashboard of passenger cars and trucks. Conventional wisdom is that hands-free phones are relatively safe. But according to one study, using such a gadget is as bad as driving while intoxicated . As screens get bigger and functions multiply, eventually the privacy vs. safety debate could rear its ugly head in this area as well.

Back to the current hands-free law. In most states, a cell phone ticket is not an arrestable or jailable offense. But in Tennessee, motorists who run afoul of this law could spend thirty days in jail. Therefore, especially if there are aggravating circumstances, violators of the hands-free law could land in jail. As outlined below, there are several jail release options. If you need easy and immediate jail release in Montgomery or Robertson Counties, Fizer Bonding Company is there for you. If you need general advice about the criminal justice system, a Fizer bail bondsman near you can provide that information as well.

The Hands Free Law: A Closer Look

P.C. 412 technically became effective in July 2019. Most law enforcement agencies observed about a six-month grace period, so motorists could get used to the law. That informal grace period expired in the early spring of 2020, and we all remember what happened then. Officers wrote very few cell phone tickets last year, partially because there weren’t many drivers on the road, and most importantly because officers didn’t want to risk close contact with the Covid19 pandemic .

Now, in the spring of 2021, things are getting back to normal. That new normal includes aggressive enforcement of the hands-free law. The Montgomery County Sheriff’s Office recently used a school bus full of deputies to enforce it.

This effort was part of “Hands-Free Tennessee,” a traffic enforcement program which coincides with Distracted Driving Month. Since school bus passengers sit so high, it’s easier for them to spot drivers who are illegally using cell phones. At first, officers used a school bus which was clearly marked as a police vehicle. Then, they started using plain yellow school buses. The MCSO didn’t say how many tickets deputies wrote as they were riding the bus.

To break this down, let’s first look at exactly what the cell phone law says. Basically, it’s illegal to hold, use, or reach for a hand-held device in Tennessee . The “reaching for” provision makes the Volunteer State’s law almost unique. Most other states allow drivers to push a button or swipe a screen to cancel alerts.

According to this article, the school bus enforcement gimmick was part of a STEP campaign . Selective Traffic Enforcement Program campaigns usually have catchy names, like “Hands-Free Tennessee” and “Click It or Ticket.”

Typically, a state agency, like the Tennessee State Highway Office, pays program expenses, like officer overtime and bus rental. To justify the cost, supervisors instruct officers to write as many tickets as possible. These aggressive enforcement efforts frequently make it easier to defend cell phone infractions, or any other criminal offense, in court. More on that below.

Jail Release Options

SInce a hands-free violation is a Class C misdemeanor, officers have the option to cite and release suspects instead of arresting them. Normally, that’s what happens. But there are a number of exceptions.

Some drivers are unruly in these situations. They don’t pull over right away, talk back to the officer, or otherwise annoy the officer. Such activity probably doesn’t rise to the level of interfering with a police officer, which is a somewhat more serious offense. But this mild intransigence is enough to land a driver in the back of a police car.

Assuming the defendant has no criminal history, pretrial release is usually available in these situations. If the defendant agrees to show up at trial and abide by a few other conditions, the sheriff releases the defendant.

If the distracted driver causes a crash, Fizer Bonding Company, a Montgomery County bail bonds agency probably needs to get involved to get you out of jail cheap, easy, and quick, because the sheriff will probably set cash bail. Authorities often think that such drivers are too dangerous to get in their cars and drive home. The judge usually sets cash bail at about $500-$1000.

In such situations, some people can afford to pay the cash bail in full to get out of jail. The money is like a rental security deposit. If the defendant appears at trial and obeys any other conditions, like remaining in the county, the defendant gets most of the money back.

Alternatively, a Fizer Bonding Company Clarksville, TN bail bondsman can write a surety bond. If the defendant does not fulfil all conditions, the bonding company pays the cash bail amount. The charge is about 10 percent of the bond.

A fatal injury collision could mean a much higher bail amount, or even no bail at all. At the arraignment, which usually happens about three days after the arrest, an attorney can ask the judge to set or reduce bail. Some factors to consider include the defendant’s threat to the community, ability to pay bail, and their contacts and responsibilities with the community.

Defending Cell Phone Violations in Court

Tennessee’s hands-free law bans most smartphone activities, but not all of them. It’s okay to look at an alert, like an incoming message alert or a calendar reminder. To prove that the defendant was using the device, and not just looking at it, the prosecutor might need the device use log. That probably means a subpoena duces tecum (a subpoena which commands appearance at trial and the production of documents).

Most prosecutors don’t want to go to this much trouble in a Class C misdemeanor. So, they are usually willing to make favorable deals.

An aforementioned STEP campaign makes things even more complicated for the state. Troubled heiress Patty Hearst once said that trouble is easy to find if you go looking for it. Similarly, if your boss tells you to write cell phone tickets, that’s what you’ll do. So, the evidence is sometimes shaky. Additionally, such dragnet campaigns turn off many jurors who don’t particularly like police officers writing tickets to begin with.

For more information on getting a cheap, easy, fast bail bond in Montgomery and Robertson Counties for a cell phone ticket or would like free bail bond advice, contact Fizer Bonding Company . Our family owned company has been serving the bonding needs of Montgomery County over the past 40 years and is a proud member of the Tennessee Association of Professional Bail Agents . We offer our bonding services for only 10% of the bond amount. 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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post How Texting and Driving Can Get You Arrested In TN appeared first on Fizer Bail Bonds .

Open Records and Record Expungement in TN

Wed, 07 Apr 2021 18:38:00 GMT

The first open records laws appeared in the late 1970s, mostly in response to the Watergate scandal. Tennessee’s open records law was first passed in 1981 and last amended in 2015. Regular people, including landlords, employers, and other interested individuals, could request most kinds of government records, even things like individual criminal records.

Back in the day, obtaining government records was a long and arduous process. Unless people really, really wanted to know certain information and they had a lot of time to fuss with the government or money to spend on an attorney, they didn’t bother asking. But things are much different now. Today, many public records, including criminal records, are available online. That’s true of arrest records . In fact, if you have a username and password, you can find pretty much anything in a state records database.

As outlined below, lawmakers recently expanded Tennessee’s expungement law. There is essentially a presumption that old criminal records, including arrest records, can be erased. If you go through this process, don’t forget private bail bonds records. At Fizer Bail Bonds , we keep our customer records private. But if a lawyer subpoenas them, we usually must turn them over. Or, if law enforcement requests them, we must provide them, at least in most cases. So, if you receive an expungement order and you have records with a Montgomery County bail bonds agency, make sure that company sees a copy of the order and responds appropriately.

Expungement Eligibility

Back in the day, the expungement law only applied to for-cause dismissals. If prosecutors dropped your case due to a lack of evidence, you might be eligible for expungement. Dismissals related to pretrial diversion or deferred adjudication didn’t count. Furthermore, unless you had a squeaky-clean past, you were typically ineligible for expungement.

The law changed in July 2017. Today, unless you have a lengthy criminal record, you are probably eligible for expungement, once a five-year waiting period expires. Our math is not the greatest, but we’re pretty sure that the initial five-year waiting period expires in 2022. So, there may be a rash of expungement petitions in the near future. If you looked into this possibility before but were ineligible, things might be different now.

This change is very good news for people with criminal histories. These records usually affect employment and property rental applications. Furthermore, many colleges and government agencies don’t provide student financial aid to people with criminal records. There are other ill effects as well.

Number of Convictions

Under the law, persons with two priors, or fewer, are eligible for expungement. That rule seems simple enough, but it’s not.

Federal convictions apply, as do out-of-state convictions. These prior convictions have no expiration date. The case might have been twenty or thirty years ago. Additionally, in some states, traffic tickets are criminal offenses. In other states, they don’t count.

Furthermore, many people are charged with multiple offenses arising out of the same transaction. A federal wire/mail fraud scheme is a good example. Each time the defendant clicks “send” or mails a letter, the feds add a separate count to the indictment. Are those counts multiple convictions or just one? The law is unclear on this point.

Waiting Period

As mentioned, defendants may file expungement petitions beginning five years after the completion of their sentences. Once again, this rule seems straightforward, but there is some grey area.

Literary hero Jean Valjean originally went to prison for five years for burglary. In 1795, he reached through a window to grab a loaf of bread. He wound up serving nineteen years in prison. He attempted escape three times and violently resisted recapture once. So, could he expunge his burglary conviction in 1805 (five years after his original term would have expired) or must he wait until 1819 (five years after his actual release)?

On a related literary note, did Valjean’s conviction record contain a single offense (burglary) or five offenses (burglary, three escapes, and one violent resistance)? Law professors often use examples like these to torment their students. But we digress.

Furthermore, many defendants serve a period of incarceration followed by a period of supervised release. Both sentences must have expired.

Complete All Requirements

All fines must be paid, all community service must be done, all fees must be paid, and so on. Frequently, prosecutors do not bother filing motions to revoke probation over dangling loose ends like these. But they could derail your expungement petition.

While we’re on this subject, the judge might not grant your expungement petition simply because you meet the minimum requirements. The defendant must convince the judge that expungement is in the defendant’s and society’s best interests.

Expungement is pretty much always in the defendant’s best interests. Society’s best interests are more difficult to determine. Normally, if the defendant’s probation officer agrees with the petition, or at least doesn’t oppose it, the judge will approve it.

Crime Committed After November 1, 1989

Most people who file expungement petitions were still in diapers or grade school in 1989, so this restriction doesn’t come up too often. Note that there’s a difference between the commission date, arrest date, and conviction date.

Non-Expungeable Offenses

A few felonies and misdemeanors cannot be expunged, even if the defendant meets all other qualifications. In general, sex offenses, extremely violent offenses, like assault or murder, any theft over $1,000, DUI, and most drug offenses are non-expungeable. A bail bondsman near you may be able to provide you with a more complete list.

When Not to Expunge Your Records

Note that we said expungement is generally in the defendant’s best interests. That’s not always the case, and in some situations, expungement could be illegal.

If you are going through the naturalization process, it’s usually necessary to preserve all criminal records. The government wants to review everything. Furthermore, if you are involved in a family law or other civil case, expunging a criminal record, especially one that’s relevant to the civil case in any way, could be considered tampering with evidence.

For more general information about the expungement process contact your local attorney or free legal clinic. For more information about the bail bond process and fast, easy, cheap bail bonds in Montgomery county, contact at Fizer Bonding Company (Clarksville TN bail bondsman). Our family-owned bonding service has filled 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

**Disclaimer**

The post Open Records and Record Expungement in TN appeared first on Fizer Bail Bonds .

Criminal Jury Trials in the Post-Coronavirus World

Mon, 22 Mar 2021 19:24:00 GMT

Very few people noticed the fact that, due to the COVID-19 pandemic, the Tennessee Supreme Court recently extended the jury trial suspension. A few limited exceptions apply. However, for the most part, if you face criminal charges in Montgomery County and you want your day in court, get ready to wait.

In fact, you might be in for a very long wait. The jury trial suspension has been in place for almost a year. So, if you want a jury trial date, there is a long line of people in front of you. Furthermore, once these trials resume, juror selection will probably not be the same. In the before times, hundreds of people gathered in a crowded central jury room, where they usually waited for hours. Going forward, those gatherings will probably be much smaller, which means less available jurors, which means an even longer wait.

Jail cases are one of the limited exceptions mentioned above. If you are in jail and you want a jury trial, you automatically go to the front of the line. On the other hand, if the Clarksville, TN bail bonds company, Fizer Bonding Company, LLC helped get your tail outta jail fast , you must take a number. The good news is that, as outlined below, this delay is not always a bad thing for criminal defendants.

At Fizer Bonding Company , we do more than file paperwork and open cell doors. We go over all your jail release options and carefully explain the conditions of bail. Furthermore, although we are not lawyers, we offer important resources about the criminal justice process. So, once your case begins, you have a better idea of what to expect.

Jury Trials in Montgomery County

There is an old saying among lawyers that William Gladstone, the English jurist who said “ Justice delayed is justice denied ,” was obviously not a criminal defense attorney. Sometimes, delay is the best defense.

The longer the delay, the more the state’s evidence degrades. Witness’ memories fade. In fact, in some cases, they may fade so much that they have no independent recollection of the events. Therefore, these witnesses could be unable to clearly and succinctly testify. Additionally, as time goes by, other witnesses may move outside the court’s jurisdiction. So, prosecutors may not be able to subpoena the witnesses.

This degradation often affects physical evidence as well. Items may become lost in lots or buried somewhere in evidence locker rooms and not easily retrievable.

Moreover, jury trials give attorneys more options in terms of defenses. In a close case, jurors often react strongly to appearance clues. The so-called nerd defense is a good example. Jurors are less likely to convict defendants who wear glasses, especially if they are accused of violent crimes. The opposite is also true. Many jurors hate it if the defendant appears disinterested or non-remorseful.

Because of these things, many attorneys spend almost as much time setting the stage as they spend on their oral arguments.

Bench Trials in Robertson County

Physical appearance doesn’t matter nearly as much in non-jury trials. Although judges are people too, they are usually much more interested in the facts and legal arguments. They do not particularly care about appearances.

The wait for a bench trial is usually much shorter. In fact, the wait is usually a few weeks, as opposed to a few months or even longer. Less waiting is usually easier on defendants who worked with a Montgomery County bail bond company, like Fizer Bonding Company. The sooner the case ends, the sooner bail restrictions end as well. For the most part, the trials themselves are much shorter. A one-witness misdemeanor jury trial usually takes at least a day. A one-witness misdemeanor bench trial might not last more than a half hour.

Sometimes, attorneys use bench trial settings as a tool. Trial dates often pressure overworked prosecutors to agree to more favorable plea bargains. More on that below.

Technically, both sides have the right to a jury trial in Tennessee. So, if the defendant wants a bench trial, prosecutors must also waive their right to a jury trial. Prosecutors almost always sign these waivers, especially if they believe the legal case is relatively solid.

The same burden of proof applies in bench and jury trials. Prosecutors must establish every element of the offense beyond a reasonable doubt.

Plea Bargains in Tennessee

In the early days of the Republic, criminal trials resolved all criminal cases. The trial percentage began declining sharply around 1900. However, even up to the late twentieth century, trials were still fairly common. Today, plea bargains resolve about 95 percent of the criminal cases in Tennessee.

Plea bargains have a bad reputation among many defendants. Indeed, too many lawyers simply take the state’s first offer. However, if done properly, a plea bargain can produce substantial benefits without the risk of a trial.

Preparation is important. Defense attorneys must always prepare as if the case will go to trial. As legal and factual defenses strengthen, an attorney’s negotiating position becomes stronger. It’s always easier to get a good deal when you negotiate from a position of strength.

In the end, like any other out-of-court settlement, a plea bargain usually involves some give and take. Frequently, that means a reduced sentence and/or a reduced charge. Defendants face lower punishment and prosecutors get to add conviction notches to their legal gun belts.

Incarceration to probation is the most common sentence reduction. Probation’s court supervision is a drag. But it’s better than being locked up. Furthermore, even if you have a less-than-perfect probation record, early discharge is usually available.

Charge reductions are especially important in certain kinds of cases, such as DUIs, which have significant collateral consequences. Prosecutors sometimes reduce weak DUI cases to reckless driving. According to the penal code, DUI and reckless driving have basically the same penalty. But the collateral consequences of a DUI are much harsher.

In many cases, a plea bargain arrangement does not involve a criminal conviction. Many prosecutors offer pretrial diversion, especially in nonviolent cases. Deferred adjudication might be available as well. These defendants plead guilty and serve probation. If everything goes well, a judge then dismisses their cases.

To learn more about the criminal justice process and the role of a bail bond company near you, contact Fizer Bonding Company . Fizer Bail Bonds serves the entire Montgomery and Robertson County areas and has since 1986. We are located at 501 5th Avenue E, near the United States Postal Service in Springfield, TN. 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

The post Criminal Jury Trials in the Post-Coronavirus World appeared first on Fizer Bail Bonds .

Bail Reform? Tennessee Stays With Tried and True

Tue, 02 Mar 2021 04:36:00 GMT

In the late 2010s, bail reform movements built considerable momentum, mostly in the northeast and west coast. Then, one state’s misadventures put the brakes on this movement, at least for now.

In 2019, with much fanfare, New York eliminated its cash bail system. Many hailed the move as the dawning of a new era in criminal justice. These pundits also dismissed thoughtful criticism as undue alarmism . New York’s promised criminal justice utopia, which began in January 2020, crashed and burned in less than six months. After a rash of breakdowns, Governor Andrew Cuomo admitted defeat and ended most reform measures.

The cash bail system, which has been around for hundreds of years, is not perfect. In fact, in many ways, it needs lots of help. But, as is often the case, the answer is to address the problems in Montgomery County’s bail bond system and make things better. Fizer Bonding Company has been helping in the cash bail system by providing fast, easy and affordable bail bond services to Robertson and Montgomery Counties for over 35 years. Reinventing the wheel and employing an untested replacement usually just makes things worse.

Our Current System

The roots of Tennessee’s cash bail system go back some five thousand years, to Anglo-Saxon England. Back then, criminal “laws” were nonexistent. Allegedly violent criminals were locked away and allegedly nonviolent criminals paid whatever fine the king imposed. As the criminal law system evolved, the cash bail system evolved as well.

Today, there are basically three pretrial release mechanisms. Cash bail is like a rental property security deposit. Defendants pay a deposit. If they comply with all bail conditions, they get most of that deposit back. A bail bondsman near you prepares surety bonds, which are like insurance policies. If the defendant breaks a condition, the bail bond company bears the financial risk. Pretrial release, which basically lowers a criminal offense to the level of a traffic ticket, may also be available.

All three mechanisms include conditions which are designed to keep people safe. The first two also involve financial security. Most people value money above all other possessions. So, paying money is a good way to influence behavior.

Reformers and False Assumptions

Money is also one of the biggest problems in Tennessee’s bail system. Most families in the Volunteer State have less than $1,000 in savings . Many of them have nothing at all. So, in many cases, eight or nine hundred dollars in bail money might as well be eight or nine million dollars. Clearly, there’s something wrong with this picture. The Tennessee Association of Professional Bail Agents provides continued discussion on dispelling the myths of bail reform here .

For some reason, instead of focusing on this problem, many reformers cited two one-sided statistics. A wise man once said that “Fools have no interest in understanding; they only want to air their own opinions.” Maybe he was onto something.

Pundits pointed to the high percentage of unsentenced inmates in county jails. Statistically, nearly half of these prisoners are unsentenced inmates. To many, this figure stirs images of people who are languishing in the Tower of London. But this statistic is also a snapshot. Many of these inmates are in holding cells just waiting for their bail paperwork to go through.

Other reformers claimed that eliminating cash bail would save hundreds of millions of dollars . They calculated that, if jails were half empty, they would cost half as much. But that’s usually not true. Most jail costs are fixed. If you buy food for 1,000 wedding guests and only 500 show up, you still pay for 1,000 guests. Likewise, if the county buys food for 1,000 inmates and there are only 500, it still pays for 1,000 meals. So-called “jail bed savings” only kick in if the state closed half the jails. Even hard-line reformers did not advocate such a radical idea.

The Importance of Judicial Discretion

So, radical bail reform is unnecessary. Furthermore, as New York found out the hard way, it does not lead to a societal utopia or a financial windfall. It just makes things worse.

Furthermore, bail reform undermines judicial discretion. We trust judges to see both sides of the story and make fair decisions. Radical reformers assume that, for some reason, judges are incapable of making such decisions when it comes to bail bonds.

Judges are closer to these cases than bureaucrats. So, judges can account for a wide range of factors, such as the subtle facts in a case, which could and should affect bail amounts.

Some Potential Improvements

Experience shows that the cash bail system is clearly better and safer for the community than a pure pretrial release system. A few improvements could make the current Clarksville, TN bail bond system even better.

Technology is available to speed up the arraignment process. Currently, if an inmate cannot make bail or is ineligible for pretrial release, the inmate must often wait three days to see a judge and possibly get a bail reduction. That’s too long. Many lawyers, both prosecutors and defense attorneys, would gladly serve as special masters. If the defendant does not like the master’s recommendation, the defendant could still see a judge.

The pretrial release review process could be improved as well. Today, many inmates either automatically qualify or automatically do not qualify. A case-by-case review would be much better. Once again, there are many available lawyers who would gladly spend a few hours a week reviewing case files.

As mentioned above, there is a money issue as well. Money might be the problem, but it could also be the solution. In many cases, decisionmakers could lower the bond amount from eight or nine hundred to two or three hundred. That amount of money is still more than enough to get, and keep, most people’s attention and not skip bail.

At Fizer Bonding Company , we try hard to be part of the solution, as opposed to part of the problem. Our Clarksville, TN bail bondsmen work with incarcerated individuals and their loved ones every day. So, we are in a good position to assess what works, and what doesn’t work. For more information about bail bonds near you, contact us Fizer Bonding Company .

Our family owned company has been serving the bonding needs of Montgomery County over the past 40 years and is a proud member of the Tennessee Association of Professional Bail Agents . We offer our bonding services for only 10% of the bond amount. 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

**Disclaimer**

The post Bail Reform? Tennessee Stays With Tried and True appeared first on Fizer Bail Bonds .

Youth Groups Like The Girl Scouts Help Lower Female Crime

Sun, 28 Feb 2021 19:08:00 GMT

2021 has already looked different than other years—with COVID-19 and winter weather unlike that of other winters, there’s been a lot of uncertainty so far. But one thing that might have looked familiar, even with other things changing? Girl Scout Cookies for sale. Amid many changes to all our lives, the familiar bright-colored boxes are for sale as they’ve been in many years before by scout troops across the country (to find them near you in Clarksville, you can check out this calendar ).

You might know that purchasing these cookies does more than satisfy your sweet tooth—sales help fund Girl Scout events in your local area, and donations can help out soldiers and non-profits. But it might surprise you to learn that helping support Girl Scouts can actually have a larger impact on your community at large. This program is more than an after-school activity—youth organizations like Girl Scouts can help to lower female crime.

At Fizer Bonding Company, we provide Robertson and Montgomery County bail bonds (bonding). We know that no parent ever wants to find themselves wondering “where can I find bail bond near me?” Here, we’ll break down this link between organizations like Girl Scouts and reduced crime among young women.

How can extracurricular activities help reduce crime?

While it might seem like extracurricular activities—those clubs, teams, and groups that young adults participate in outside of school—are just a place for students to have fun, they actually serve a very important function in helping students in all aspects of their lives. This kind of group boosts academic performance—kids who are involved are more likely to do well in school and eventually graduate.

But that’s not all. According to The World Report on Violence and Health, after-school groups—including sports, arts groups, or Girl Scouts—offer kids and teens a place where they get to participate in team activities and be recognized for being constructive in these groups. They also promote self-expression and communication. Why are those things important? These skills, and participation in a structured program, promote self-esteem , which contributes to lower rates of juvenile delinquency and higher academic performance.

The timing of these groups can also be important—by filling after-school hours with positive activities , it ensures that kids aren’t spending their free time alone, which allows them to get into trouble more easily. Most crimes committed by juveniles are committed in those after-school and early evening hours—but when kids are in organizations like Girl Scouts, these hours are full, drastically reducing opportunities to get in mixed up with the law.

Can this type of youth group have other benefits?

In addition to promoting teamwork and communication, and reducing opportunities for kids to be involved in crime, organizations like Girl Scouts can have big positive impacts on mental health—and support for mental health can also help reduce criminal activity. Kids in these groups have an opportunity to express themselves in a healthy, productive way—whether that’s through learning activities with teammates or through community service and outreach.

And learning these life skills can have a lasting impact. Kids and teens report high levels of stress , and stress and anxiety about COVID-19 have contributed to that as well. Organizations like Girl Scouts can promote friendships and can give adolescents a safety net of trusted teammates and group leaders who they can turn to in troubled times. And those skills—like healthy communication and self-expression—are lasting throughout life.

What do the Girl Scouts do to support young women?

Since their origin in 1912, the Girl Scouts have changed to keep up with the times, developing badges that girls can earn for things ranging from learning about cybersecurity to interacting well with others, providing first-aid, and serving their communities. Girls earn badges for learning and practicing skills that tie into those big factors that help youth groups reduce crime: self-expression, communication, and teamwork. Members learn to express themselves, become part of a team, and give back to a community.

The organization says that new badges for civics, automotive engineering, entrepreneurship, and STEM careers help to set members up for success in life well after their graduations. And World Thinking Day (February 22) encourages girls around the world to think about how to build peace as a constructive member of their community. These overarching skills help set girls up for a lifetime of success—getting involved can help them stay out of trouble in the long run.

Cookie sales are a big funding opportunity for Girl Scout troops—but this yearly program isn’t just about sweet treats. The Girl Scouts cookie program helps participants learn lots of skills—like how to manage money, set goals, and work as part of an ethical business group. And in adapting to work during the pandemic, members have thought creatively to change practices to make them safe for everyone involved.

These life skills that are taught through the cookie program—such as how to build relationships, be aware of yourself, and make decisions—can play a huge role in reducing crime and violence. When girls learn about these important ways to regulate themselves and their emotions, they learn how to handle situations in a healthy, productive way—and this can greatly reduce their risk of violence or crime down the road. And by boosting engagement with school and academics , these organizations encourage graduation and even further reduce that risk. Buying cookies? A win-win situation.

In Conclusion: Where Can I Find Bail Bond Near Me?

At Fizer Bonding Company, we’re a part of the communities we serve: it’s not just about bail bonds. Clarksville TN, Springfield TN, and other cities throughout Robertson and Montgomery counties know us for the fast, courteous, 24/7 customer service that we’ve provided for over thirty years.

When it comes to bail bonds, Clarksville TN and the surrounding cities and counties know to turn to us. To learn more about what we do, visit this page . If you or your loved one has been arrested, give us a call 24/7 to get out of jail FAST. 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

**Disclaimer**

The post Youth Groups Like The Girl Scouts Help Lower Female Crime appeared first on Fizer Bail Bonds .

Can Police Arrest Me for Making a Threat?

Mon, 08 Feb 2021 05:25:00 GMT

As the coronavirus pandemic stretches on, stress and anxiety over COVID-19 is worse than ever . Many times, this stress prompts us to say inappropriate things. In normal times, these verbal slips are embarrassing, but that’s about it. However, these are not normal times. Everyone is on edge and we all need to try to focus on being relaxed and peaceful. The slightest little thing can be interpreted as a threat. So, that verbal slip-up might have some grave consequences.

On a related note, when many people are under stress, they could self-medicate with alcohol or another substance. Such self-medication might relieve the stress for a bit. But it also lowers inhibitions and clouds judgement abilities. So, in this context, self-medication usually does more harm than good.

“I was upset” is not a legal defense to threat charges. This excuse will certainly not keep officers from arresting you. In fact, it will probably have the opposite effect. Many officers take people to jail so they can “cool off – dry out”. Therefore, if you make an offhand comment which scares someone and you end up arrested, you will need a get out of jail card and call Fizer Bonding Company (Clarksville, TN bail bonds agency),

Terroristic Threats

Many people get angry at organizations. Public facilities from courthouses to libraries to restaurants have various restrictions in place. Frequently, these restrictions change with little or no notice, or at least maybe you did not hear about it. Additionally, an organization usually decides which restrictions to strictly enforce, and which ones to let slide. Once again, these priorities can change suddenly and unexpectedly.

This anger and frustration can lead to inappropriate outbursts, usually in person or online. These outbursts could constitute terroristic threats under Title 39 of the Tennessee Code . Terroristic threats have several basic elements:

This list is maybe most notable for what is not on it. Defendants need not do anything to be charged with making a terroristic threat. Some laws require at least one overt act, but not in Tennessee. In fact, the defendant need not even have the ability to carry out the threat.

These cases usually hinge on a reasonable fear. Given the current environment, the universe of reasonable fears has expanded significantly.

Generally, the complaining witness must testify in court. Procuring this testimony could be a problem. Many witnesses quickly lose interest in these cases, especially if the defendant’s “threat” amounted to nothing but fear and irritation. Prosecutors can subpoena witnesses and force them to testify against their will. But that’s not always legally possible. Additionally, if it happens, jurors often believe that the state is trying to railroad the defendant.

Note we said “generally.” Sometimes, prosecutors try to use an obscure exception to the hearsay rule to introduce the police report into evidence. This “Hail Mary” pass usually falls short.

Terroristic threats are usually felonies. So, a conviction could mean substantial prison time. Because of the aforementioned proof problems, an attorney can usually resolve these charges successfully. That’s especially true if, as is usually the case, there is a very long gap between the arrest date and the trial date.

On a related note, an ABT (Assault By Threat) could mean civil liability. Assault is not just a crime in Tennessee. It is also a personal injury tort. Civil liability is usually limited to compensation for economic losses, such as medical bill, and noneconomic losses, such as pain and suffering. In ABT cases, these damages are usually low. However, no one wants to be dragged into court for any reason. If you aren’t careful, you could end up committing another ABT or even a terroristic threat.

Personal Threats

Most people know that physical injury is not an element of assault in Tennessee. However, many people do not know that physical action is also not an element of this charge.

39-13-101 is based on common-law assault. Contrary to that old saying, although words are not sticks and stones, they can hurt you. They can also support criminal charges if you make a credible threat which scares someone.

We talked about reasonable fear above. Assault, unlike terroristic threat, has an additional credible threat element. The pre-Super Soldier serum Steve Rogers could not rip your head off. The post-serum Rogers probably had that ability. https://www.youtube.com/watch?v=F020aNi0wS0

Frequently, the defendant and complaining witness do not know each other well. Assume Steve, who is prone to hyperbole, threatens to bust a chair over Tony’s head. SInce these two go way back, Tony probably knows that Steve’s “threat” is not legitimate. But if Steve threatens to bust a chair over Peter’s head, whom Steve barely knows, Peter might reasonably be afraid.

ABT (Assault By Threat) is normally a misdemeanor. So, pretrial diversion is often an option in these cases. If the defendant stays out of trouble for a few months and jumps through a few other hoops, prosecutors often dismiss the charges.

Virtual Harassment and Stalking

A few years ago, these cases were almost unheard of. Now, (Montgomery County bail bonds) Fizer Bonding Company, see many more of them. Many people are working from home. As such, office behavioral constraints are gone. People say things and do things over the internet that they would never do in person.

Such behavior could constitute cyberbullying . There are basically two types of electronic threats in Tennessee:

These offenses are generally misdemeanors. If the alleged victim was under 18, these offenses are felonies.

There is a related civil statute. Schools must have written policies which prohibit cyberbullying. Students, parents, and/or teachers who violate such policies could face civil or criminal penalties.

If you or a loved one was arrested for a “fighting words” offense, contact Fizer Bonding Company 24/7 (bail bond near me). Our family-owned bonding service has filled 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

**Disclaimer**

The post Can Police Arrest Me for Making a Threat? appeared first on Fizer Bail Bonds .

Legal Consequences for Runaways and Their Loved Ones

Wed, 06 Jan 2021 23:20:00 GMT

The coronavirus pandemic has been very tough on everyone. It has been especially hard on families . Most people are afraid of getting sick. Many people are afraid to leave home. The constant parade of coronavirus news, almost all of which is bad, adds to this fear. As if these things weren’t enough, distance learning has become the new normal in many households. Homeschooling is extremely challenging, to say the least.

The stress and anxiety over COVID-19 is not just emotional. The unemployment rate increased 500 percent in 2020. This rate has dropped considerably in the last few months. But it is still about twice as high as it was in 2019. Economies do not recover from shocks like this one overnight. Coronavirus-related financial stress will probably be with us for quite some time.

Since the end of 2020, the Clarksville Times has reported about a half-dozen cases of runaway teens and preteens in Montgomery and Robertson County. The uptick in runaways is probably not coincidental. The aforementioned coronavirus stress probably has much to do with this spike. For some families, especially emotional children, it’s just too much. Generally, these tales have happy endings. Alas, other times, that’s not the case.

At Fizer Bonding Company , we do more than provide fast jail release and answer your questions about the criminal justice process. We also strive to give families the resources they need to avoid legal problems in the first place. Hopefully, this post will do all three of these things.

Can Children Go to Jail for Running Away?

No and yes. Running away from home is not a criminal offense, no matter how young the child is. So, if police detain runaways, they cannot take them to jail. Typically, law enforcement officers notify the parents, take these children home, or refer them to homeless shelters.

Now for the “yes.” Runaway children often encounter legal problems, mostly because they associate with the wrong people. If a child is even loosely affiliated with a street gang, most states, including Tennessee, have broad laws which could trigger an arrest. The same thing applies in general criminal conspiracies. Runaways will often gladly serve as robbery/drug sale/car theft etc… lookouts for a few dollars. Legally, the lookout is just as guilty as the guy who broke into the store.

Additionally, many runaways attend gatherings where illegal activity occurs. If someone at a party is drinking, everyone at the party will probably be arrested for MIP (minor in possession). These charges might not hold up in court, but officers have probable cause to make an arrest.

If your child was arrested for a nonviolent offense, you may not need a bail bondsman near you. Officers usually release children to their parents. If your child was arrested for a violent offense, even if s/he was on the edge of a conspiracy, you will probably need the services of a Fizer Bonding Company bondsman (Clarksville, TN bond company). Felonies almost always require a bail bond or cash bail.

Can Parents Go to Jail if Their Children Run Away?

Once again, the answer is no and yes. Running away is usually a personal choice. In this context, parents are not legally responsible for their children’s choices.

But not so fast. Sometimes, children run away to escape dangerous situations. Tennessee law outlines four major kinds of abuse:

Coronavirus has increased the potential for abuse and neglect. Some may take out their frustrations on their children and resources could be too low to provide the normal routines that account for the care of basic needs. Maybe money is so low that regular trips to the laundry mat are fewer or just buying laundry detergent is a challenge. Or maybe the person who regularly does the laundry is no longer in the home. We are in tough economic times…this could be another gray area given today’s pandemic climate.

As a practical matter, if police detain runaways, they usually ask them why they left home. If they say anything which indicates abuse or neglect, the police will knock on the parent’s door next. And, the visit will not be a social call.

Juvenile Court Procedures

This section will be short. All parents really need to know about juvenile court proceedings is that the judge usually wants to keep your family together. However, the judge also wants everyone to be safe.

Therefore, expect some judicial scrutiny. A social worker will probably visit frequently. Your children might even go to temporary care with a relative or foster family. If abuse or neglect was present in any form, parents must eradicate it. In the end, however, unless the parents refuse to change or there is a really serious problem, everyone usually goes home together.

Resources for Families

Please take care of your children during this time. Be involved with their schoolwork. Talk to them about coronavirus and their reactions, feelings, thoughts about, the pandemic. Make sure they are eating well, getting enough sleep, and getting enough exercise. Limit their exposure to COVID-19 news. Click here for more tips.

Perhaps more importantly, take care of yourself. Make sure you are not watching too much news, at least the news that paints doom and gloom. Make sure you are eating, sleeping, and exercising. If something angers you, walk away. Above all, if you need help, ask for help . That’s what these people are there for.

For more ways to weather the coronavirus storm, reach out to the Montgomery County bail bond professionals at Fizer Bonding Company . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents .

“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

The post Legal Consequences for Runaways and Their Loved Ones appeared first on Fizer Bail Bonds .

What Are You Doing New Year’s Eve?

Wed, 30 Dec 2020 03:01:00 GMT

From candles in windows to brightly lit office towers, festive lights are a staple of most holiday celebrations. But in the words of the immortal Junior Brown, there are some party lights that no one wants to see. Now that the worst of the coronavirus pandemic seems to be fading on the horizon, law enforcement officers will be even more aggressive on area roads over the upcoming New Years holiday. Additionally, DUI roadblocks, which are a staple of holiday drunk driving law enforcement, will be back this year.

COVID-19 has shared the headlines this year with confrontations between officers and citizens which ended very badly for most everyone concerned. So, comply now and complain later is usually the best attitude to take in these situations. In this post, we’ll look at some ways you can do just that.

Fizer Bonding Company plays a critical role in this process. People who remain in jail are essentially voiceless. If a Clarksville TN bonding company such as Fizer, secures pretrial release, it is much easier to assert your Constitutional rights. But we do more than get people out of jail. We also give people like you and your loved ones a free bail bond consultation and answers to common questions about the criminal justice and bail bond process. This combination of powerful services is unavailable anywhere else.

Your Rights at a DUI Stop

Most people are familiar with the Fifth Amendment and the right to remain silent. But many people do not know when this right kicks in if they are pulled over for suspicion of DUI , and they do not know how broad it is.

When custodial interrogation begins, your right to remain silent begins as well. In this context, “custody” means the suspect does not feel free to leave when the officer has pulled him/her over. Most people do not feel free to drive away once they see the aforementioned police party lights swirling in their rear view mirrors. “Interrogation” does not just mean questions about DUI. This word usually means asking any questions at all, even if they seem innocuous.

The Fifth Amendment allows people to refuse to say anything and it also allows them to refuse to do anything. In this context, that includes performing the walk-and-turn, touch your nose, hold your left leg up, and other DUI field sobriety tests. Realize that if you do refuse to perform these tests, officers will almost certainly arrest you. But if you got to this point after you were pulled over, an arrest was probably inevitable anyway. If you are arrested in any of these situations, the Montgomery County bonding company, Fizer Bonding Company can normally secure your jail release within just a few hours.

Your Constitutional rights are not absolute. All suspects must identify themselves to officers, produce certain documents upon request, like a drivers’ license, and obey rudimentary “step out of the car” commands.

Furthermore, suspects must clearly know how to clearly assert their rights in a way that the officer knows what your intention is. Cases like 2010’s Berghuis v. Tompkins created a duty to clearly assert one’s Constitutional rights. Simply standing quietly could be construed as a waiver of your Fifth Amendment rights.

Your Rights at a DUI Roadblock

Roughly these same rules apply at DUI roadblocks. Motorists must stop if officers direct them to stop. Furthermore, they must produce documents for inspection, usually a drivers’ license and proof of insurance.

However, motorists do not have to answer any questions. In fact, they do not even need to roll down their windows. I have not personally tested out holding up my drivers license on my drivers side window and proof of registration and insurance papers. But hey, during these corona-era days and social distancing, it might be seen by law enforcement as perfectly acceptable. And, although motorists must pull into the inspection area and step out of the car, they need not perform field sobriety tests.

If you radically assert your rights like this, always convey, in some way, your reliance on the Fifth Amendment.

DUI Stop Requirements

During spring and summer 2020, most law enforcement agencies largely stopped pulling over motorists for minor violations like speeding or rolling through a red light. As mentioned, this grace period is probably now over. Nevertheless, these stops must still meet certain legal requirements.

Officers must have reasonable suspicion to detain motorists. Generally, traffic violations serve as reasonable suspicion, even the ticky-tack infractions buried deep within the vehicle code. This issue is a bit more complex if officers relied on something like an informer’s tip or the suspect’s nervous glances in the rear view mirror.

Next, officers must have probable cause for the arrest. The field sobriety tests, which officers invariably claim the defendant “failed,” almost always serve as probable cause. So, if the defendant refuses to perform these tests, the arrest might not hold up in court, due to a lack of probable cause.

Unless Montgomery and Robertson county defendants immediately reach out to nearby bail bond company, Fizer Bonding Company, these important rights are largely irrelevant. Most incarcerated defendants immediately plead guilty, whether or not they are guilty, in order to just “get it over with” and get out of jail and go home.

DUI Roadblock Requirements

The reasonable suspicion requirement does not apply at DUI checkpoints. But officers cannot randomly pull over motorists or detain them because they don’t look right. Sobriety checkpoints in Tennessee must follow very specific rules. For example:

Many of these requirements seem inconsequential. But if the roadblock fails to meet any of them, it is illegal under Tennessee law. Consequently, the stop and arrest would also be illegal, under the fruit of the poisonous tree doctrine.

For more information about bonding out of jail for a New Years DUI arrest, contact Fizer Bonding Company . Our family-owned bonding service has filled 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 to “ get your tail outta jail” , 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

**Disclaimer**Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post What Are You Doing New Year’s Eve? appeared first on Fizer Bail Bonds .

Avoiding the 2020 COVID Christmas Blues

Wed, 16 Dec 2020 18:17:00 GMT

A classic song from the late great Merle Haggard, 1973’s If We Make It Through December , means even more this year. At one point, this song’s protagonist calls December “the coldest time of winter,” and he is not talking about the weather. He is talking about the loneliness and isolation he felt at that time, and this can also apply to the loneliness and isolation so many of us feel in 2020.

Yet this song is also about optimism and hope in the midst of despair. With a COVID-19 vaccine coming soon and some of the uncertainty about the November election settled, there is also reason for optimism and hope this year.

Merle and Johnny Cash were two of the leading figures in the “outlaw country” sound that was so popular in the 1960s and 70s. These men share another connection. When Johnny played a show at San Quentin in 1958, Merle was an inmate there. He was doing fifteen years for robbery, and although he was only in his 20s, he had already been behind bars several times.

At Fizer Bonding Company , we cannot erase bad choices. In fact, we do not want to do that, because those choices are part of what makes all of us we are today. We all live and learn! But much like Merle turned his life around, we can help you turn things around as well. So, whatever you are going through this Christmas, we are here to help. Our fast and professional bonding services will get you back home and to your family. Hopefully, these holiday tips will be helpful for you or a loved one.

Be Grateful

Ever hear that old saying, “have an attitude of gratitude”? No one is thankful for the 2020 lockdowns or ongoing quarantines. But there are some positive things we can glean from these events.

These slowdowns gave us more time to spend with family. After the first several weeks of lockdown or the first several days of quarantine, we had to get creative and find ways to pass the time. These are memories we will probably cherish later in life when many of the horrors of 2020 have been forgotten.

There is a dark side as well. Montgomery County bail bonds companies like Fizer Bonding Company have intervened when the stress and anxiety over COVID-19 pushed families to the breaking point. More on that below.

Above all, 2020 has taught us how fragile life is. Good jobs, good health, and good lives are here today and can be gone tomorrow. So, enjoy these things when they are available, and take steps to preserve them against all enemies, both seen and unseen.

Avoid Drug Possession Tripwires

For everyone, the holidays are usually a time to celebrate. Some people go a little too far during their celebrations, especially if they need to blow off some family-related steam. As a result, just as things are beginning to get back to normal, there is another obstacle to overcome.

A few months before the aforementioned song was in local record stores, one of the most surreal moments of the popular “War on Drugs” occurred in the White House, when Elvis Presley met Richard Nixon a few days before Christmas in 1970. The King told the President that he was qualified to be an undercover federal marshall, because “I have done an in-depth study of drug abuse and Communist brainwashing techniques.” While we aren’t exactly sure how these two things are related, it sounded good and made sense at the time.

Although it has been pushed to the back of the headlines, this war is still ongoing. Drug possession, which accounts for more than 80 percent of all drug arrests, is the new front line. So, Fizer Bonding Company (bail bond near me) handles lots of drug possession jail releases. That’s especially true now that the lockdowns are largely over and police officers are more aggressive than they were in the spring and summer.

Dragnet arrests are common in this area of law enforcement. Many people gather with friends during the holidays. Police, often in response to a nosy neighbor’s disturbance call, raid a party or stop a car, find a minute quantity of drugs, and arrest everyone at the party or in the car. Since drug possession is a nonviolent offense, a bail bond is usually immediately available in these situations, even if the defendant is charged with a felony. Furthermore, when these cases go to trial, the charges do not always hold up in court.

In the everyday world, “possession” is synonymous with “proximity.” I possess my living room TV, even if I am in the bedroom. But in Robertson County, possession means the following three things:

Let’s return to the car example. Assume officers find a marijuana stash in the glove compartment. If Pete was in the back seat, it is very difficult to connect him to those drugs, especially if he did not know the other people very well (lack of knowledge) and someone else was in the passenger seat (lack of control).

Additionally, officers usually do not have search warrants when they seize drugs or other contraband. Therefore, a narrow exception, such as owner consent, must apply. The state has the burden of proof, and the burden of persuasion, on this point.

Take Advantage of the New Normal

In many ways, COVID-19 has not really changed things. It has just accelerated changes in many areas that were already in the making.

Contactless payments are a good example. Society will probably never be completely cashless. But if virus fears persist, some businesses might begin adding a cash handling fee to cash transactions, in order to discourage their use.

Waiting in line is an even better example. In years past, a Clarksville, TN bail bond could mean hours of standing in line at a local jail. Those days are largely over, as the 2020 Covid-19 online infrastructure largely takes over. So, enjoy the extra time you have with the people close to you. Just stay away from wild parties, wild friends, and wild outings.

If you need some extra help getting through this holiday season, whether that involves jail release or other FREE bail bond consultation assistance, reach out to Fizer Bonding Company . Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures .

Fizer’s family-owned bonding service has filled 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

The post Avoiding the 2020 COVID Christmas Blues appeared first on Fizer Bail Bonds .

In Tennessee, Criminal History Reports are a Click Away

Thu, 03 Dec 2020 18:13:00 GMT

If you have $29 and an idle curiosity about your new neighbor, you can obtain that individual’s Tennessee criminal history record. You can also run checks on current or potential employees and current or potential roommates. You could also do the same thing for your son’s or daughter’s friends, provided they are over 17 years of age. Juvenile records are unavailable through this service , at least for now.

Speaking of employment-based criminal checks, negative information usually falls off credit reports after about seven years. But criminal history information is permanent. Unless the conviction is expunged, it will be on your record forever.

That being said, most employers, landlords, and other interested parties only care about the last several years. In fact, if you have an old conviction, you can turn it into an advantage. This is America, and we love a comeback story.

At Fizer Bonding Company , we help arrestees get out of jail quickly, so they are in a better position to fight their criminal cases. Even if you were morally guilty, with the help of a Fizer Bonding Company bondsman (bail bond near me), an attorney can often ensure that you do not have a criminal conviction record.

The Difference Between An Arrest And A Conviction

Before officers arrest suspects, the officers must have probable cause. This standard of proof has no clear definition. United States v. Fuehrer , a 2015 Iowa case, is a good illustration of the nature of probable cause.

Officers had been watching a suspected drug dealer for quite some time. But they could not make a case against him. Finally, surveillance officers clocked him going 1mph above the speed limit . They stopped him, and a drug-sniffing dog was on the scene less than two minutes later.

The arrest was clearly a setup. Officers cared nothing about the speeding violation. They were just trying to trap the defendant. Furthermore, that RADAR gun’s margin of error was plus or minus 1mph. So, officers knew the speeding ticket charge would not hold up in court.

Nevertheless, the judge said officers had probable cause. Even though “the government concedes the officers had an ulterior motive in conducting the traffic stop,” the judge ruled the underlying motive was irrelevant. Additionally, “it is only necessary for the government to show probable cause that the defendant was driving in excess of the speed limit. It has done so here.”

So, this defendant did not do anything legally wrong, at least with regard to speeding, but he was arrested anyway, and that arrest was valid, according to the judge. For that reason, many people do not put much stock in arrest records. But they pay attention to conviction records.

Keeping Convictions Off Your Record

Before we go on, we should talk about using criminal convictions for employment, leasing, and other purposes. People on both sides of this issue should know the basic law.

The state of Tennessee has a ban the box law which applies to public employees. Some municipalities in the Volunteer State have broader bans which apply to public and private employers. These laws usually make it illegal to use criminal records during the screening process. It’s illegal to ask about criminal history, and it’s also illegal to pull a criminal history record. However, employers can use criminal records during second interviews, even in a ban the box jurisdiction.

Furthermore, many landlords refuse to rent to people who have criminal backgrounds. These policies are semi-legal. Technically, landlords can only apply this ban if the criminal conviction is relevant to the lease. Pretty much any conviction could be relevant. An assault conviction means the person is violent, a theft conviction means the person could be late paying rent, etc. Of course, these conclusions might or might not be true.

As for keeping convictions off your record and avoiding this issue altogether, if a not-guilty verdict or a dismissal of charges is not possible to obtain, your options are normally:

As mentioned earlier, it’s critical to work with Fizer Bonding Company , a Montgomery County bonding company early in the process. Unless the defendant is out on bond, these options are normally unavailable.

The Future of Arrests and Convictions

All these things, especially arrests, are up in the air right now. Although the movement has lost some steam recently, there is still a push to defund the police . Essentially, a defunded police department might resemble the National Guard. A few officers are on duty, but most of them are on call in case of a natural disaster or other emergency.

If that happens, officers will not arrest nearly as many people. That could lead to a watershed effect of criminal behavior in society and also affect the way people view arrest records as well as criminal conviction records. But once again, but since this will be something new to our society, no one is really sure what will happen.

For more information about the criminal justice process of bonding out of jail, contact the Clarksville, TN bond professionals at Fizer Bonding Company. If you or a loved one has been arrested, contact the Fizer Bonding Company and “We’ll get your tail outta jail!” (bail bond Clarksville TN) with oue fast and professional 24/7 bail bond.

Our team truly cares about your health and safety. That’s why we do what we do. Our family owned company has been serving the bonding needs of Montgomery County over the past 40 years and is a proud member of the Tennessee Association of Professional Bail Agents . We offer our bonding services for only 10% of the bond amount. 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

**Disclaimer** Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post In Tennessee, Criminal History Reports are a Click Away appeared first on Fizer Bail Bonds .

Coronavirus Rising & Officials React Quickly

Sat, 28 Nov 2020 04:01:00 GMT

At Fizer Bonding Company , we’re more than just a reliable place for Robertson and Montgomery County bail bonds (bonding). We are a place where all residents of these counties can answer the question, “where can I find a bail bond near me” and get compassionate and professional 24/7 customer support. We’re also an active part of our community—even beyond bail bonds. Clarksville, TN and the surrounding areas have been our home base for over thirty-five years. As a family-owned and operated business, we are also a part of the community we serve.

At Fizer Bonding Company, we haven’t been immune to stress and anxiety about COVID-19, either—with coronavirus numbers around the country rising, we share the same fears and concerns of our neighbors, we are especially aware of the new rules declarations in the counties we serve that have been made during the month of November. That’s why we’re here to provide an update on developments in Robertson and Montgomery Counties—when we work together, we keep ourselves and our neighbors safe.

Have COVID-19 numbers been going up?

Unfortunately, yes—in the US, case numbers have continued an upwards trend. The state of Tennessee broke a grim record on November 16 , recording the most new cases reported in a single day—for a total of 7,951 COVID-19 cases. In Montgomery and Robertson Counties, cases have also been climbing during the month of November.

What’s going on in Montgomery County?

After weeks of steadily climbing cases—with the county averaging about 50 cases a day— mayor Jim Durrett extended Montgomery County’s State of Emergency and extended mask mandates to December 11. This order, which went into effect on November 18 and extended a previous mask mandate which had been put in place on October 31and which was set to expire on November 20.

What does this order mean ? People in the county must wear face coverings over their nose and mouth while in public places—that means in businesses, government buildings, schools, and outdoor areas where it’s impossible to keep six feet between people. The county also requires businesses to post signs requiring masks—to offer a reminder and to spread awareness of the importance of wearing masks.

What’s going on in Robertson County?

After cases spiked in early November—reaching about 120 cases per week in Robertson County—mayor Billy Vogle declared a health emergency on November 6 ^th . At the urging of the governor, local hospitals, and the Tennessee Medical Association, Vogle also re-instituted a mask mandate, which is scheduled to last from November 7 until November 30.

Robertson County’s mask mandate is a bit less specific than Montgomery County’s and lists exemptions for mask-wearing—for example, people who would be unable to remove a mask without help—but notes the importance of community cooperation during this spike in COVID-19 cases.

Does wearing masks really help?

Yes! If you think back on going to a hospital, doctor, or dentist before the pandemic, you’ll likely remember that these medical professionals wear masks—and for good reason. Masks are proven to slow or stop the spread of viruses.

With the outbreak of COVID-19, it’s especially important to slow or stop the spread of the virus within our community. If a lot of people get the virus all at once, hospitals could overflow with Coronavirus patients and not be able to effectively care for each patient. But if we wear masks and work together to slow the spread, our hospitals won’t get a rush of infected patients at the same time, helping staff better care for each and every patient.

In fact, as far back as 1918—during another pandemic (the Spanish Flu)—people wore masks to help prevent the spread of infection. The good news? Masks today are significantly more effective —partly because we have access to better fabric, and partly because we have access to better information about how and when to wear our masks.

How to help our community stay safe.

Both Vogle and Durrett note the importance of the community working together, especially with the holiday season approaching. Limiting the spread of COVID-19 can help keep businesses, schools, and sports teams up and running—which also helps our local economy.

As the pandemic stretches into its ninth month, and with the holidays approaching, it’s not uncommon to see pandemic fatigue setting in. What does that mean? Back in March, when all the rules were new, it was easy to be on high alert . But now, we’ve been on high alert for so long that our brains and our nerves are getting tired. Frustration runs high as holiday plans are thrown into question and working and learning happen from home. We would all love to go back to the old days and resume our “normal lives”. But now we have to deal with a new normal.

But even as we get worn out, it’s important to keep up mask-wearing and social distancing. When we do these things, we are shortening the time it will take to put our face masks away in the drawer and hopefully not see them again for a very long time. We are also preventing our hospitals, clinics, and diagnostic facilities from being over crowded and protecting our doctors, nurses, clinicians and essential front line workers.

It also means that we’re protecting each other—that includes working adults, children, the elderly, and people with compromised immune systems. When you take steps to be safe, even if it feels like a hassle, you’re protecting your own family and the families around you.

Where can I get tested for the Coronavirus?

If you’ve been exposed to COVID-19 or have symptoms? You can get a free test ! COVID-19 tests are provided free of charge by the Montgomery County Health Department on weekdays from 9 a.m. to 2 p.m. at Civitan Park, located at 650 Bellamy Lane. The Robertson County Health Department has testing at the Robertson County Health Department located at 800 South Brown Street.

Why does this matter to Fizer Bonding Company?

Our company is about taking care of people in our community. We all need to work together to stop the spread of the virus and we want to do our part. For more information about the bail bond process in Montgomery and Robertson Counties and a free consultation, contact Fizer Bonding Company (bail bond Clarksville, TN). 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

**Disclaimer**

The post Coronavirus Rising & Officials React Quickly appeared first on Fizer Bail Bonds .

Bail Set for Kyle Rittenhouse

Thu, 05 Nov 2020 02:14:00 GMT

The Wisconsin teen who is accused of fatally shooting two Jacob Blake police shooting protesters is free pending trial after he posted a $2 million cash bond .

Mr. Rittenhouse, who is under the age of 18, turned himself into authorities shortly after they identified him as a person of interest. At an earlier hearing, Kenosha County Commissioner Loren Keating ruled that Mr. Rittenhouse was a “flight risk” since a conviction meant a “mandatory life sentence or at least significant amounts of time, likely decades of time period of incarceration.” Mr. Rittenhouse’s lawyer said he planned to plead self-defense at trial.

Actor Ricky Schroder and MyPillow CEO Mike Lindell, who are both noted conservatives, spearheaded the successful fundraising drive.

Why Jail Release is Important

Politics aside, most people would probably agree that jail is no place for a 17-year-old who has not been convicted of a crime. Everyone is innocent until proven guilty.

From a personal standpoint, incarceration is almost always a horrible alternative to freedom, especially for an American teenager. There are also some often-overlooked reasons why pretrial jail release is so important.

Jail changes people. That’s a scientific fact and not just a line from a movie. Incarceration significantly elevates stress hormone levels. Prolonged exposure causes a permanent brain injury . There are short-term effects as well, mostly impaired judgement and confusion. These effects often hamper criminal defense efforts. More on that below.

Possible adverse health effects are even more acute in the coronavirus era. Social distancing rules are very hard to enforce behind bars. Additionally, many inmates have pre-existing health conditions that make them especially vulnerable to coronavirus. According to some studies, jails, colleges, and nursing homes account for a significant number of infections. Stress and anxiety over COVID-19 makes these health effects even worse. During a pandemic, emotional health is at least as important as physical health.

Speaking of long-term consequences, people who are behind bars cannot assist in their own defenses in any meaningful way. Additionally, because of coronavirus, they might have very limited contact with their lawyers. So, there is a double whammy. On a related note, largely because of the aforementioned brain injury symptoms, many inmates accept unfavorable plea bargain agreements simply so they can “get it over with.”

Initial Determinations

So, if possible, you will want to partner with Fizer Bonding Company (Clarksville, TN bail bond) to get out as quickly as possible. In most cases, the county sheriff sets presumptive bail amounts. Some serious offenders, such as Mr. Rittenhouse, must wait until they see a judge. The bail hearing, which will be discussed below, is generally about seventy-two hours after release.

Typically, the sheriff sets bail based on the severity of the alleged offense and the defendant’s criminal record. Traditional thinking, which may be incorrect, is that defendants facing serious charges, such as Mr. Rittenhouse, are more likely to flee the jurisdiction. That’s especially true if the defendant has a criminal record, because in that case, the potential punishment is usually higher and that in itself can be a potential deterrent to flee. Some research indicates the opposite is true. Misdemeanors and other such minor offenses do not scare some people, so they are less likely to fight them. That’s especially true if they have not been through the system before and do not fully understand the consequences of bail jumping or failure to appear.

So, some argue that the whole system might be wrong. That’s the idea behind pretrial release, a program which recently expanded in Montgomery County, partly because of bail reform and partly because of the coronavirus pandemic .

Jail Release Options

The presumptive amount varies in different jurisdictions, but it is usually around $750 for most misdemeanors and $2,000 for most felonies, depending on the facts and circumstances of the case.

Pretrial Release

In pretrial release situations, the amount of bail is largely irrelevant. Most defendants are eligible for no or low-cost pretrial release if they allegedly committed a nonviolent offense and have no criminal record. The definition of “nonviolent” is a bit vague. This category is normally limited to possession and theft offenses. As for the criminal record portion, as long as the defendant has no record in Tennessee, that’s usually good enough, unless there is an out-of-state record that involves a felony.

Pretrial release essentially reduces a criminal arrest to a traffic ticket. Signing the ticket is your promise to appear in court. Likewise, pretrial release opens the cell door if the defendant pays a small fee and promises to appear in court.

The obvious drawback to pretrial release is that the nonviolent/no record requirement immediately eliminates many defendants. Furthermore, a review board usually considers pretrial release petitions. This board often meets infrequently. Getting out of jail in a quick and timely manner is seldom on your side with this option.

Cash Bond

This jail release mechanism, which usually does not involve a bail bondsman near you, is on the opposite end of the financial spectrum. It’s the most expensive jail release option. You have to pay every dollar of the full bail amount. If the defendant posts the entire bail amount in cash, the sheriff releases the defendant. Some bonds, like Mr. Rittenhouse’s, are cash-only bonds. These bonds are normally reserved for bail forfeiture matters, but judges sometimes order them in extreme cases as well.

If the defendant complies with all bail conditions, the sheriff normally refunds most of the money after the case is resolved.

The obvious drawback here is that cash bonds are prohibitively expensive for most people. $2,000 might as well be $2 million for many families.

Bail Bond

The third option, and usually the best option and most used option, involves Fizer Bonding Company in Montgomery and Robertson counties (bail bondsman near me). A bail bond is basically an insurance policy which guarantees the defendant’s appearance at trial.The fee is only a 10 percent premium of the full bond amount for this service (Clarksville, TN bail bonds)t .

When you partner with Fizer Bonding Company , you are not just saving money. You also get an answer center for your questions about the Robertson County criminal justice system. People who choose pretrial release or a cash bond are essentially on their own.

Subsequent Modifications

If they are unable to secure immediate release, most defendants see a judge about three days after they are arrested. At this hearing, one of several things can happen. Some defendants choose to immediately plead guilty or no contest. Others argue for bail reductions through their attorneys.

At a modification hearing, the judge considers additional factors, such as the defendant’s connection to the community, ability to flee the jurisdiction, and physical threat to victims or witnesses. Sometimes, attorneys delay these hearings, so they can collect additional evidence and present it to the judge.

Frequently, these matters settle out of court, usually by way of a tradeoff. For example, the prosecutor might agree to a lower bail if the defendant agrees to additional bail conditions, like electronic monitoring.

If you need more information about the Tennessee bail bonds process for yourself or a loved one, contact Fizer Bonding Company . Your need may not be as big as Kyle Rittenhouse but we are here to help you just the same. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and offers their bonding services for only 10% of the bond amount. 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

**Disclaimer**Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

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Mistletoe Safe During the 2020 Holidays

Wed, 28 Oct 2020 03:57:00 GMT

With the coronavirus pandemic still going on around the country, many of us are finding that our holiday plans look a little different this year than they have in years before. Social distancing, travel difficulties, quarantine, loss of jobs, and other factors are making traditions harder to carry out. Stress and anxiety about COVID-19 is running high, and it’s more important than ever to stay safe during the holidays—and not just because of coronavirus.

You might not know it, but crime rates and arrests spike during the holidays. Yes—even during a time of year that for many of us is about family and a spirit of giving, this time of year doesn’t always go well for everyone. Every year, there will be people arrested and left wondering, “where can I find a bail bond near me” during this season where most of us are home enjoying our families.

At the Fizer Bonding Company , we provide Robertson and Montgomery County bail bonds (bonding) with fast, courteous customer service available 24/7 to get you bonded and out of jail. We also conveniently provide the information you need during the process of posting bail. Below is helpful information about how to stay safe during the holidays. This just might help you stay/get out of a sticky situation down the road. Read on to learn more about the holiday arrest trend, how to stay safe, and what you should do if you’re arrested.

Why are there more arrests during the holidays?

There are a few reasons behind this yearly spike. During the holidays, many stores increase security to watch for shoplifting. That’s because stores want to protect their products and profit—and because pressure to give expensive gifts can make people without the money to buy them desperate and increase theft.

That’s not to say that everyone who gets in trouble for shoplifting around the holidays does it on purpose—in fact, sometimes mistakes or accidents are mistaken for shoplifting behaviors. Security watches for actions like hiding items, changing price tags, or scanning a less expensive item for a more expensive one—mistakes can happen that might be taken for intentional shoplifting. And it’s hard for even an innocent person to convince security, especially as tensions run high with crowds and long days of work.

Another reason? Alcohol. When people drink at social gatherings, they might find that they’re more likely to get into a confrontation—even with a friend or loved one—when tensions run high. This kind of disorderly conduct can get you in trouble. And if you drive home after drinking, you might find yourself arrested for drunk driving—in fact, that’s the leading cause of arrests on New Year’s Eve.

What about COVID-19 and the holidays?

In 2020, it’s not just arrests you need to worry about—it’s coronavirus, too. Over the past months of the pandemic, we’ve seen spikes in COVID cases after holidays like Labor Day and Halloween and experts predict that there will be spikes during the winter holidays, too. Travel and big gatherings—especially big indoor gatherings—can spread the virus.

And that alcohol consumption that raises arrests and lowers inhibitions, when combined with pandemic fatigue, can motivate people to relax normal social distance precautions and help contribute to the spread of the virus. A mistletoe kiss this year could be deadly.

How can I stay safe?

If you’re arrested during the holidays and during the pandemic? Prisons and jails have been COVID hotspots—meaning that it’s more important than ever to stay safe. In 2020, that means avoiding arrest, practicing COVID-19 safety precautions and—if you are arrested—posting bond and getting out of jail or the holding area as quickly as possible. Looking for help with bail bonds in Clarksville TN, Springfield TN, and the rest of Montgomery and Robertson Counties? You can get help from Fizer Bonding Company —read on for more!

What other actions can you take ? Follow guidelines on how to stay safe from coronavirus. Limit travel and avoid large gatherings, especially when they’re indoors. While it might be painful in the short-term to rethink traditions, it’s the best way to stay safe for now. Getting together over Zoom, FaceTime or other online platforms can help limit close contact, especially for the elderly or people with compromised immune systems.

What if you’re going to have guests at your place or if you’re going to be a guest? Wear your mask and keep your distance, and try to meet outside. If you can’t, open the windows and try to limit the number of guests who will be there. Bring your own food, plates, and utensils. Try to use disposable or single-use options, too. Remember to disinfect high-touch surfaces, wash your hands, and avoid touching your face. Bring your own personal size bottle of hand sanitizer and tissues and discreetly wipe down your personal eating area before you sit down your cup, plate, and fork.

Talk to your guests about what precautions they’ve been taking, and lay out ground rules for what precautions everyone will take when you’re together. Remember that emotions and frustration are running high with the pandemic—establishing guidelines ahead of time might help cut down on some tensions that can lead to misunderstandings and arguments between people.

Some coronavirus precautions: shopping online rather than in person to avoid crowds—might help lower those shoplifting arrests that plague the holiday season. Avoiding large gatherings and simply staying at home can help lower the opportunities you have to drive under the influence. If you’re going to be somewhere, remember to watch your drinking and choose a designated driver. Keeping your sobriety and inhibitions in place and not lowering them with alcohol or other substances can also help prevent the spread of the virus.

What should I do if myself or a loved one is arrested and I need to find a bail bond near me?

Call Fizer Bonding Company (bail bonds Clarksville TN) for 24/7 bail bond services. We make it fast and easy for family and friends to post a loved one’s bond—which is especially important during the holiday season and during the pandemic.

For more info about our bail bonds, you can read about how the process works here . Need to contact us? Find our contact information and location information here . We get your tail out of jail – during the holidays and all year round. 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

The post Mistletoe Safe During the 2020 Holidays appeared first on Fizer Bail Bonds .

October is Awareness of Depression and Mental Health Month

Fri, 02 Oct 2020 02:06:00 GMT

October is Awareness of Depression and Mental Health Month and this year the National Alliance on Mental Illness (NAMI) and its partners are focusing on the theme, “ What People with Mental Illness Want You to Know ”.

One of the first things you should know is that while mental illness might seem rare, every year 1 in 5 American adults experiences mental illness—that’s 47.6 million people. With these large numbers of people experiencing symptoms, it seems odd that mental illness is something many people still don’t know much about. But with stress and anxiety about COVID-19 taking a serious toll on the mental health of people around the country and around the world, this topic is more relevant than ever.

Many people and organizations are trying to break the stigmas surrounding mental illness. This article will deal with one of the realities that’s particularly relevant to folks suffering from mental illness. They are more likely to need the bail bond services of Fizer Bonding Company around Clarksville, TN and the surrounding cities.

One myth about people with mental illness is that they are often violent or dangerous. This isn’t true —but people with mental illnesses are arrested and jailed at higher rates. Here, we’ll talk about some basic facts you should know about what this means—and what to do if you or a loved one has a mental illness, has been arrested, and you’re wondering “where can I find a bail bond agent near me?”

The Basics: What is mental illness?

A mental illness, as defined by the American Psychiatric Association, is a health condition that involves changes to emotions, thinking, or behavior. Note the importance of the phrase health condition there—a mental illness is a condition like any other health problem. It is never a choice, isn’t a character flaw, and isn’t the same thing as being sad, shy, lazy, or over-emotional.

This can often be hard for people who don’t experience mental illnesses to understand—after all, words like “anxious” and “depressed” exist outside the realm of mental health, and phrases like “OCD” and “bipolar” have entered popular speech and are often used to describe extreme neatness or mood swings. But that’s not what these words and phrases mean when we’re using them to describe mental illness.

Someone with a mental illness can’t just snap out of it—not any more than someone with a physical illness can immediately make it go away. Anyone can be impacted by mental illness—age, gender, race, and social class don’t make any difference in who is impacted. And it’s entirely possible that you know someone with a mental illness and not know that they have it.

Can mental illnesses be treated?

Mental illnesses can be treated and many people are still able to function in daily life activities like having a job and raising a family. Medication can be used (like with heart conditions, diabetes, or blood pressure conditions), or therapy can be used (like physical therapy for an injury to the body). Sometimes a combination works best. A doctor or medical professional can help to assess what will be best for a patient’s symptoms and condition.

What kinds of mental illnesses are there?

Mental health professionals—like therapists, psychologists, and psychiatrists—use the Diagnostic and Statistical Manual of Mental Disorders, or DSM, to diagnose mental illnesses. This book details conditions and symptoms that can help a person be assessed and diagnosed.

Anxiety disorders can shape how a person sees the world—they can cause it to be perceived as more threatening than it is in reality or to others. Mood disorders, like depression, can severely impact how a person feels and make it almost impossible to function. Eating disorders are also in the DSM—these cause severe issues with food and weight like anorexia or bulimia.

The book also details what are often termed serious mental illnesses . While these conditions can also be treated, they often cause serious impairment or inability to carry out major life activities. These include psychotic disorders, schizophrenia, and bipolar disorder. These mental illnesses can make it hard for a person to tell the difference between what’s real and what isn’t—which can make it harder to hold a steady job or carry out basic life maintaining activities.

It’s these serious mental illnesses that often contribute to the high percentage of people with mental illnesses in prisons and jails—not because they’re inherently dangerous, but because of the nasty cycle we’ll talk about in the next section.

What’s the relationship between mental illness and incarceration?

Studies have shown that 6% of people facing misdemeanor charges had been diagnosed with a serious mental illness. These mental illnesses increase the likelihood of incarceration by more than 50%. NAMI says that two million people with mental illnesses are arrested each year—15% of men and 30% of women who are booked into jails have serious mental illnesses.

Why are these numbers so high? It comes from circumstances that cause a cycle that makes it hard for people to get help. If someone is in a mental health crisis—if they’re having trouble distinguishing reality from hallucinations, for example—they are more likely to act out in an irrational way and more often cause them to run into law authorities rather than a mental health counselor or someone else qualified to help them.

Once arrested, they are statistically more likely to be sentenced to prison time. While in prison, they likely will not receive the help they need to improve symptoms. After being released, the criminal record means that they’re less likely to be able to get housing, a job, health insurance, or qualify for benefits. That means they may end up homeless—and are more likely to be rearrested—and have another crisis—and the cycle repeats.

Where can I find a bail bond near me?

Quickly getting out of jail can help break this cycle. If you need help with bail bonds, Clarksville TN residents have been able to turn to Fizer Bonding Company since 1986. We can help with Robertson County and Montgomery County bail bonds (bonding), with kind-hearted and professional customer service available 24/7. We will quickly help you or your loved one get out of jail and back to your life so you have time to prepare for your court date. 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

The post October is Awareness of Depression and Mental Health Month appeared first on Fizer Bail Bonds .

Social Justice Protests and Available Bail Funds: A Closer Look

Tue, 22 Sep 2020 03:54:00 GMT

The venerable and reliable cash bail system has seen many changes over the centuries. This latest wrinkle is a good example of these changes.

Police have arrested hundreds of people during George Floyd and other protests. Frequently, low-income individuals cannot afford bail. So, groups like the Minnesota Freedom Fund have seen an unprecedented donation increase. Board member Steve Boland said the group received a staggering $31 million in June 2020. Other organizations have similar stories.

Additionally, bail fund nonprofits serve as resource groups for individuals who do not have a bail bonds partner to help them navigate the pretrial release system. The coronavirus pandemic has created “utter chaos” in many police precincts, according to Chicago criminal defense lawyers Molly Armour. Extremely long hold times and wait times are the norm.

There have been some growing pains. Scammers have solicited donations, bail funding groups sometimes squabble over politics, and almost all large sums of money donations go to groups in big cities. Nevertheless, these groups say they are in for the long haul. “We expect these arrests (protest) are probably going to continue for some time,” Boland remarked. If you are struggling to pay your bondsman try calling your local non-profit agency that pays bail for people in need helping to reunite families and restoring the presumption of innocence in America’s pre-trial system.

Why Do We Have a Cash Bail System?

For most of history, the criminal and civil justice systems overlapped. Some of that overlap remains today. Domestic violence is both a civil and criminal matter, at least in many cases.

Anyway, back in merry old England, a criminal charge usually meant a fine or perpetual imprisonment in the Tower of London. A criminal conviction could also have meant exile to America or Australia, but that’s the subject of a different blog. Obviously, the Tower of London was only for the worst of the worst offenders. That means almost all defendants faced a fine.

In those days, paying cash bail essentially meant paying the fine in advance. Then, if a court found the defendant not guilty, the defendant got that money back.

The presumption of innocence, an idea which first took root in the fifteenth century, changed all that. If people are presumed innocent, they should not be punished in advance, even if this punishment is reversible. Then as now, paying a few thousand dollars, or even a few hundred dollars, is very problematic for many people. Nevertheless, the cash bail system remained in place, albeit with a different objective. Then as now, money was such a valuable commodity that its potential loss effectively convinced people to be on their best behavior.

Today, this system, especially when you secure your bond in Montgomery and Robertson County with Fizer Bonding Company , (bail bond near me) is a quick, affordable and effective way to guarantee the defendant’s appearance at trial and good behavior while awaiting trial, at least according to most people.

The high number of unsentenced inmates has prompted many people to point out inequities in the cash bail system. According to one study, prisoners awaiting trial or disposition account for about 40 percent of the Tennessee jail population. That percentage is almost twice as high in Arizona, Texas, Iowa, and a few other states. The unsentenced inmate issue, along with a few other problems, has prompted some advocates to push for radical change, including the elimination of Clarksville, TN bail bonds companies.

But not so fast. These figures might be a bit misleading. Many of these individuals are probably on their way out the door, thanks to a Clarksville, TN bail bondsman. At Fizer Bonding Company , we believe that an impartial limited release system, such as a cash bail system, is an effective compromise between locking up all pretrial detainees and letting all of them go.

Why Are Protestors Arrested?

People have a fundamental right to protest. This country was built on a protest against English rule. But freedom usually has limits. Most protestors are arrested not for the act itself, but for disorderly conduct or interference with a police officer . These offenses are rather vague, so anyone can be subject to “gray-area” arrest for them at any time.

Stress and anxiety over COVID-19 is another factor. The virus has everyone on edge. And, a failure to comply with local health ordinances could be an independent basis for disorderly conduct charges.

Most states have a disorderly conduct or reckless conduct law. Tennessee’s version of this law prohibits the following actions:

Most arrested protestors allegedly violated one of those last three bullets. Violent threats and public fights are not unheard of at protests, but they are occasional.

If officers feel that a crowd is large and unruly, they often issue dispersal orders. Back in merry old England, officers literally read aloud the Riot Act , warning people to disperse before they attacked the crowd. The key here is whether the dispersal order was necessary for public safety or necessary to preserve the officers’ peace of mind. There is a big difference.

Chants, especially if they are profane or the protestors are near a school or other such public building, could be unreasonable noises. As for the final bullet, a human chain of defiance in unincorporated Arlen could be a hazardous condition that serves no purpose.

In court, prosecutors must also prove, beyond a reasonable doubt, that the defendant intended to annoy or alarm other people. That element is often difficult to establish in social protest cases.

Interference with a police officer is “intentionally prevent[ing] or obstruct[ing] anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer’s presence and at the officer’s direction, from effecting a stop, frisk, halt, arrest or search of any person. . .by using force against the law enforcement officer or another.”

Many people are righteously indignant when police officers arrest protestors. If that righteous indignation progresses from verbal abuse to physical force, interference charges could hold up in court.

The bottom line is that most arrested protestors are eventually exonerated, unless there were extreme circumstances. By securing pretrial release with Fizer Bonding Company (bail bond near me) you jumpstart the criminal defense process for you or your loved one. This benefit goes for everyone securing their bond with Fizer Bonding Company, not just social justice protesters.

For more information about the criminal justice process in Robertson and Montgomery County, contact Fizer Bonding Company . Fizer Bonding Company is a valuable resource that offers FREE Bail Bond Consultations in Montgomery and Robertson Tennessee counties (bail bond Clarksville TN).

Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures . Our family-owned bonding service has filled 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

**Disclaimer**

The post Social Justice Protests and Available Bail Funds: A Closer Look appeared first on Fizer Bail Bonds .

Family Bonding Lowers Juvenile Crime in 2020

Wed, 02 Sep 2020 02:10:00 GMT

The coronavirus pandemic is keeping many people at home more often and with stress and anxiety about COVID-19 unrelenting as ever, many of us are ready to get back outside and back on with our lives. But among all the stresses and problems of the past few months, the pandemic has had a surprising positive outcome—juvenile arrests in Tennessee and around the country have dropped sharply since the pandemic began.

It’s always good news to see juvenile arrests going down. Fizer Bonding Company isn’t just devoted to helping all parents worrying “where can I find bail bond near me?’” secure bond for their child—we’re also a family owned and operated business and place great importance on family values, relationship bonding, and togetherness, and. And it’s that togetherness that has caused this change in juvenile arrests. Here, we’ll look at what’s behind this trend, and how families might go about keeping up these results after the pandemic.

Why are juvenile arrests going down?

With fewer youth in need of juvenile bonds in Montgomery County and fewer families in need of a bondsman in most counties around the country, it’s obvious that this decrease in juvenile arrests is part of a trend . This pattern started in March 2020, back when the coronavirus first started to spread in the US—around that time, releases from juvenile facilities increased as well, something that can be chalked up to some states releasing some juvenile detainees and inmates to cut down on population density. But that doesn’t explain why fewer juveniles are being arrested and imprisoned.

What does explain it? All of the time families have been spending at home. During this time of quarantine and social distancing , teens have less of an opportunity to get into trouble to begin with. With many public places closed, they simply don’t have the option to be out and about. And with many parents working from home—and the high numbers of students studying from home—teens are spending more time than ever with their parents or overseeing adults, and with all this added supervision, not as many are getting into situations or places to be arrested.

What other factors contribute to this trend?

It’s not just added supervision that’s helping teens stay out of trouble, though that is an important thing contributing to these numbers. With some parents working from home and trying to balance work and helping their children with schoolwork , and with some parents newly unemployed or shortened work hours, leaving them with more time than before to help, parents are more involved than ever with daily social interaction and the schoolwork their children are doing from home.

While this might seem unrelated, it’s actually been shown that when parents are engaged with a child’s schoolwork and social life, the outcomes can help the child improve issues like behavior and attendance, which can greatly impact a child’s future success—and keep them out of trouble. In fact, family bonding and togetherness as a whole can help keep teens on track as they grow up. And with all the extra time families have spent together lately, many are building those bonds and helping their teens in the long run—and setting up great foundations for younger children down the road.

Another factor? Family dinners have also been shown to help keep teens out of trouble. And with many restaurants closed and families cooking or eating at home more often, family dinner times are happening more than they did when prior hectic out-of-the-house schedules kept them away from each other. The Family Table , or eating together can promote relationship bonding that’s so important to helping reduce juvenile troubles, crime, and arrests.

How can we keep these family-value based benefits in the future?

With all of these factors working together to promote teen success, it’s no wonder that when it comes to needing bail bonds for your son, daughter, grandchild, niece or nephew in Clarksville TN, residents are breathing a sigh of relief. Some families may be wondering how to keep their teens out of trouble once the pandemic ends—or how to ensure these stronger bonds and relationships will continue.

The good news is that the bonding you’re doing will likely have positive long-term effects. When you build those strong relationships , it lays the groundwork for successful future relationships—meaning teens may be more likely to turn to you when they have problems, or will have a healthier sense of how to deal with emotions that can lead to behavior problems. How to build those bonds? Spending time in physical proximity to each other is a start, but you can make the most of this time to get the best results later on.

Spend time getting to know your family—especially if that’s while you’re spending screen-free time with your family. Playing a game —or a conversation-starter game designed to help get families talking—sharing stories about your day at dinner, or going outside for a few minutes can get you laughing together and promote open communication. This kind of open communication helps promote the kind of bonding that’s so important.

Looking for a way to start? Talk about the pandemic, how it affects you, and discuss things you can do to help you feel better and be more involved in improving your life. This can help ensure that no one spends too much time online—yourself included—and can keep those avenues open. Everyone’s been impacted—if you have been, your kids have been, too—and you can start out sharing with each other what changes have happened in your lives and how this is impacting you. Even something as simple as washing dishes together or completing other chores together can teach your teens important life skills while giving you some time to get to know each other better.

HELP! Something’s gone wrong with my child, where can I find a bail bond near me?

While juvenile arrest rates are dropping during 2020, they aren’t gone—even during Covid-19, a young one may still get in trouble. If you have a child (or another loved one) who has been arrested, jail during Covid-19 can be even more dangerous than usual .

Call Fizer Bonding Company—we are a family owned and operated business providing bail bonds Clarksville TN, Springfield TN, and Montgomery and Robertson counties. We are Covid-19 friendly and get people out of jail quickly so they can get back to their lives—and to their families. 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

The post Family Bonding Lowers Juvenile Crime in 2020 appeared first on Fizer Bail Bonds .

The Topsy-Turvy World of Face Masks

Wed, 26 Aug 2020 04:16:00 GMT

Prior to March 2020, entering many Montgomery County businesses with a facemask might have merited a criminal trespass violation . Many stores had, and some still have, signs which announce that people wearing hoodies or masks that cover their faces are not welcome at that establishment.

But then, the coronavirus outbreak hit Tennessee, and everything changed. That includes the way people in general, and store owners and lawmakers in particular, viewed people with masks. One innovative entrepreneur is even selling hoodie and facemask combos.

So, attitudes about masks are fluid, and the laws concerning masks are even more fluid. Some governmental entities have facemask requirements and some do not. Some stores, especially nationwide chains, also have facemask requirements. As outlined below, failing to wear a mask in these situations could be considered criminal trespass, or even aggravated criminal trespass, especially if the business has a clearly-posted sign requiring facemasks. These laws and policies are subject to change without notice.

But one thing has not changed. If you run afoul of a facemask law or requirement, a Fizer Bonding Company bondsman, (bail bond Clarksville TN) is available to help you. Despite COVID-19, our bail bond company near you is open for business. We get you out of jail fast, and also serve as a resource for your questions about the criminal justice bail bond process in Montgomery County.

The Evidence – Or Lack Thereof / in Support of Facemasks

Some people believe that wearing facemask is a selfless way to save the world. Others believe facemasks are an affront to all the values this country was built upon. No matter where you fall on this spectrum, there is plenty of evidence to support your position.

First, let’s look at pro-maskers. Scientists believe that facemasks, especially tight-fitting cloth masks, block droplets which contain the COVID-19 virus. The cheap paper masks that were a quarter apiece (.25 cents) before the pandemic and are now a dollar or more apiece. They also offer some protection, but they are shown to be not as effective. Ditto the cloth bandana-style masks that many people wear as a fashion or social statement.

Additionally, there is a substantial emotional effect. On the pro side, facemasks make most people feel more secure about going out in public. Your outgoing air and potential virus droplets will not get all over others you come into contact with. And, during a global pandemic, emotional and mental health is at least as important as physical health. Statistically speaking only a miniscule number of people contract coronavirus. But infinitely more people feel stress and anxiety about COVID-19 because the repercussions of getting the coronavirus can have deadly consequences. .

Now, for the anti-maskers. There is almost as much evidence that facemasks make little or no difference and some say that the risk of wearing a facemask outweighs the risk of not wearing one. Some people feel their identity is taken away and it can be hard to understand what someone is saying when you cannot see their mouth move and they sound like they are speaking with a mouth full of cotton. Moreover, anti-maskers often point out that even the studies in support of facemasks usually contain lots of “maybe” and “probably” conclusions. Additionally, for people with certain breathing or respiratory problems, wearing a mask could be an issue.

Wearing a facemask could also cause more emotional problems than it prevents. Some people have legitimate anxiety issues which make it dangerous to wear a facemask. Additionally, a facemask requirement could give people a false sense of security.

Facemask Etiquette

In the realm of public opinion, facemask requirements have considerable support. Much of that support might be due to the so-called Bradley Effect, which holds that polled people give answers they believe are socially acceptable. But that’s the subject of another blog.

So, if you go to an indoor place that is not your home or a church, it’s usually best to wear a facemask. There are even some facemask etiquette points which most people would do well to follow:

If you are by yourself, you do not need to wear a mask. We wear masks for other people and not for ourselves.

Criminal Trespass Elements

Simple criminal trespass, which is a Class C misdemeanor, is “enter[ing] or remain[ing] on property without the owner’s consent.” That could include going to a store and violating the store’s policy, perhaps by legally carrying a gun or not wearing a facemask.

Aggravated criminal trespass, which is a Class A misdemeanor, is trespass plus obstructing or destroying a gate, fence, chain, sign, or anything else designed to keep people out, or entering without permission and causing someone to reasonably worry about his/her safety. That latter circumstance usually involves acting belligerent or carrying a legal weapon. But in the coronavirus era, it could also mean not wearing a facemask.

Criminal trespass is an arrestable offense. So, if officers respond to a disturbance call, they nearly always arrest the defendant, if nothing else to de-escate the situation. Since this offense is a nonviolent misdemeanor, a Fizer Bonding Company agent (bail bond near me) or criminal defense attorney can usually arrange release at a minimal expense.

At Fizer Bonding Company, we advise everyone to wear facemasks when they go out, even if they have a legitimate reason to not wear them. In the current environment, that’s the best way to avoid problems, including a possible criminal trespass violation. As the months go by and pandemic fatigue sets in even more, this environment could change.

If you have more questions about bail bond procedures for criminal trespass or other fallout from failure to wear a face mask, contact the Fizer Bonding Company and “We’ll get your tail outta jail!” (bail bond Clarksville TN). Our team truly cares about your health and safety. That’s why we do what we do. Our family owned company has been serving the bonding needs of Montgomery County over the past 40 years and is a proud member of the Tennessee Association of Professional Bail Agents . We offer our bonding services for only 10% of the bond amount. 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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Crime Decreases in Springfield TN

Wed, 12 Aug 2020 04:12:00 GMT

It is hard to believe that, just a few years ago, Springfield’s violent crime rate was almost at an all-time high. Today, the numbers are much, much lower.

That’s partially due to coronavirus . In some jurisdictions, COVID-19 decreased crime rates by as much as 70 percent, especially when spring 2020 lockdowns were in full effect. The effect of a disaster like coronavirus could be long-lasting. For example, in New York City, the violent crime rate dropped significantly after the World Trade Center attack. The 9/11 effect continues to this day. The violent crime rate in the Big Apple was almost four times higher in the 1990s than it is now.

Even moreso, the Springfield, TN crime decrease is also a testament to emergency responders and community activism . The downward trend began in 2019, before the coronavirus outbreak touched the United States. Violent crime and property crime both decreased by about 30 percent. The number of car crashes decreased as well, a decline which Springfield Police Chief Jason Head attributed to aggressive DUI enforcement. Local police were also very active on the drug possession front. Officers seized over $90 million worth of illegal narcotics. Furthermore, as outlined below, some COVID-19-related infractions have increased as well.

The bottom line is that Springfield is a much safer and nicer place to live than it was four or five years ago. Our police force deserves pretty much all the credit for these improvements.

That being said, drug charges and DUI charges are among the most serious criminal matters in Robertson County. And, prompt jail release is often the key to successfully resolving these charges. So, if you were arrested on these charges, reach out to the Clarksville, TN bail bondsman at Fizer Bonding Company as soon as possible. The longer you remain behind bars, the more difficult it is for an attorney to defend you against these charges.

Coronavirus Criminal Charges

Criminal trespass , usually related to the failure to wear a facemask when patronizing certain private businesses or government offices, is becoming one of the most common coronavirus-related criminal matters. Most private businesses, especially national chains, have facemask requirements. Visiting such a business without a facemask is like not wearing shoes or a shirt if the business has one of those “No Shoes, No Shirt, No Service” signs.

Apropos of nothing, a few businesses still sport “We Reserve The Right To Refuse Service To Anyone” signs. These signs are relics of former times and completely unenforceable.

Typically, criminal trespass is a Class C misdemeanor. Aggravated criminal trespass, which is trespassing if the defendant “is reckless about whether such person’s presence will cause fear for the safety of another,” is a Class A misdemeanor. Arguably, not wearing a facemask could satisfy this requirement.

Disorderly conduct or related charges, due to failure to wear a mask in public, could be an issue as well.

Both Robertson County and Montgomery County have limited facemask ordinances. In July 2020, Montgomery County Mayor Jim Durrett ordered all public-facing employees to wear facemasks until further notice. At roughly the same time, Robertson County Mayor Billy Vogel ordered everyone over age 12 to wear facemasks in public, unless they have a documented health condition, they are in a place of worship, or they are eating or drinking.

Legally, disorderly conduct, which is a Class C misdemeanor, is a very vague offense. It prohibits conduct such as creating “a hazardous or physically offensive condition by any act that serves no legitimate purpose.” That phrase could encompass almost anything, including a failure to wear a mask in public.

Pragmatically, police normally do not respond to disorderly conduct or criminal trespass calls unless the person is causing a scene and disturbing others. Even then, if the person agrees to leave, officers usually drop the matter and thank them for their cooperation. However, if the person refuses to stand down, questions an officer’s authority, or has an outstanding warrant, an arrest is basically inevitable.

Following public laws or store policies is an important element of facemask etiquette. It’s like not going into the handicapped restroom even if that stall is vacant. Additionally, during this time when stress and anxiety about COVID-19 is so high, it’s usually best to avoid confrontations over facemask requirements.

Since both these offenses are nonviolent misdemeanors, pretrial release is usually available, especially since officials are very wary of jail overcrowding during the coronavirus era.

Drug Charges, DUI Charges, and A Bail Bondsman Near Me

We put these two crimes together because, from a bail bonds perspective, they are roughly the same.

Typically, DUI and drug possession charges are misdemeanors. Most DUIs are first or second time offenses, and these infractions are both misdemeanors. And, about 40 percent of all drug arrests are for marijuana possession. These charges are almost always misdemeanors.

DUI is operating a motor vehicle with a BAC level above the legal limit, which is usually .08, or operating a vehicle after having lost the normal use of one’s mental or physical faculties. Possessing illegal drugs is, well, possessing illegal drugs. In addition to physical proximity, prosecutors must also establish knowledge and control of the illegal substance.

On a related note, it is not always easy for the state to prove that the possessed substance was illegal. Marijuana, which is illegal, and hemp, which is legal, are physically indistinguishable. From a historic point of view , hemp was the primary fiber used in making rope, canvas, and the original “Levi’s jeans were made from hemp cloth.

Occasionally, pretrial release is available for these offenses as well. However, especially if the defendant has a prior criminal record, a Fizer Bonding Company agent (bail bond near me) probably needs to file a surety bond for you. A surety bond is essentially an insurance policy which guarantees the defendant’s appearance at trial.

In addition to paying the premium, most surety bond releases include some other conditions. For example, most judges require DUI bonds to include Ignition Interlock Device requirements. IIDs disable the vehicle’s ignition if the driver’s BAC is above a certain level. Other common conditions include reporting to a bail bonds agent and avoiding further trouble with the law.

If you or your family or loved one has found themselves arrested during these Coronavirus days, or have questions about getting bonded for jail release, call Fizer Bonding Company. We are a family owned company with over 40 years of 24/7 bonding experience in the Robertson and Montgomery Counties ( Clarksville, TN bail bonds ). Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures . 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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Can I Go to Jail for Not Wearing a Mask?

Fri, 24 Jul 2020 04:48:00 GMT

Absolutely, at least for now. Both Montgomery County and Robertson County have enacted mask ordinances pursuant to Governor Bill Lee’s previous executive order. As per that order, any violation of a county health and safety mandate is a rather stiff Class A misdemeanor.

When the coronavirus crisis began in March 2020 many people thought, or at least hoped, that the virus would dissipate as suddenly as it came and that by Memorial Day, July 4th, or Labor Day at the latest, COVID-19 would be a historical footnote. That’s clearly not the case. The spring 2020 lockdown was set into place to effectively contain the virus, but no one wants another one of those. There was too much collateral damage and all of this is still in motion. So, local mask requirements are the next best thing, at least according to some. According to others, these mandates just add to stress and anxiety about COVID-19. More on this below.

Coronavirus health and safety rules are changing constantly. But you can always turn to the Montgomery County bail bonds agents at Fizer Bonding Company whenever you need us. We offer prompt jail release and we answer your questions about the criminal justice process.

The Mask Controversy

Some people think that masks are absolutely useless and that a mask ordinance just gives people a false sense of security. Others believe that masks could stop the pandemic in its tracks and people who refuse to wear them are essentially acting as bioterrorists themselves. Both sides are right, because there are different kinds of masks:

Fundamentally, the issue here is pandemic fatigue . In March 2020, 75 percent of Americans worried they would get sick. By June 2020, that figure had dropped to 67 percent. The proportion was even lower among certain ethnic and socioeconomic groups. In other words, more people see coronavirus rules as restrictive. And, more people can be pushed to the brink to be willing to embrace, or at least entertain, fringe theories about the virus.

Mask Arrest Issues

Police officers cannot accost mask-less people on the street. The aforementioned county directives only apply to indoor areas in public buildings. Even then, there are some exceptions.

For example, Montgomery County’s order exempts any person “who has trouble breathing due to an underlying health condition or another bona fide medical or health-related reason for not wearing a face covering.” That’s a rather broad exception, especially since a health-related reason could be physical or mental health.

Therefore, a mask violation is a bit like a criminal trespass violation. Police rarely respond to such calls, or at least rarely respond quickly, unless the trespasser makes a scene. That’s because criminal trespass prosecutions have a lot of moving parts.

For example, an eyewitness, who must also be a store employee, must give a statement to the cops and testify in court. It is usually difficult to subpoena these witnesses for a trial, since this trial often takes place many months or even years after the arrest.

That’s not all. If the witness’ court testimony does not match the initial statement almost word for word, an attorney can claim the witness lacks credibility, and a judge will probably agree.

At that point, the judge might throw the case out of court due to lack of evidence. Alternatively, jurors might believe the witness is lying or does not fully remember what happened.

On a related note, arrests like these often involve search and seizure issues. Officers routinely ask suspicious-looking people for consent to search them. Many of these individuals give this consent instead of asserting their Fifth Amendment right to remain silent.

These searches are legal, but an “assume the position” pat-down search is illegal, unless the officer had reasonable suspicion to believe the defendant was armed and dangerous. Those facts are rarely present in a no-mask wearing case.

Jail Release Issues During Coronavirus

COVID-19 has affected everyday life, and it has also affected the jail release process. In some cases a defendant may be eligible for release without the assistance of a Clarksville, TN bail bondsman.

Both Robertson and Montgomery County have expanded their pretrial release programs during the pandemic. Most nonviolent, first-time offenders are currently eligible for OR (Own Recognizance) release. If the defendant promises to appear at trial, jailers release the defendant on a promise from the defendant and bypass a bail bond. OR release might mean a brief jail stay while officials process the paperwork, but those who are fortunate enough to get this type of treatment best keep their promise to appear in court on their court due date and time.

Frequently, however, no-mask cases do not qualify for OR. Perhaps the defendant has a criminal record or perhaps the defendant resisted arrest, even if by pulling away from approaching officers.

In these situations, where bail is required, a Fizer Bonding Company bail bondsman is the best option. A bail bond is essentially an insurance policy which guarantees the defendant’s appearance at trial. Most bail bond companies near you charge a 10 or 15 percent premium for such policies. Fizer Bonding Company only charges a flat 10% of the bail bond as their bonding premium. There are other conditions as well, such as periodic check-ins. Our bail bondsmen are flexible in these areas and will work with you to make sure all necessary protocol is met, especially during this global pandemic.

Contact Fizer Bonding Company for more information about the Tennessee criminal justice and bonding process in Montgomery and Robertson Counties.Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures . Our family-owned bonding service has filled 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**Disclaimer**Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

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How Safe Are Jail Inmates in Robertson and Montgomery County?

Fri, 10 Jul 2020 04:45:00 GMT

Nationwide, jails and prisons have replaced nursing homes and meat processing plants as coronavirus hot spots. Overall, the number of infections has as much as doubled at some jails and prisons, even as the numbers have plateaued elsewhere.

Generally, inmate testing rates are low, even in “blue” states. California has tested about 7 percent of its inmates. Testing rates in New York are even lower. Additionally, in most places, the coronavirus response in these facilities has been uneven. Locally, Montgomery County officials characterize their effort as “day to day.” That sounds an awful lot like they are doing their best to address new risk situations as they come up and have set into place procedure and protocol to protect all.

Officials in both Robertson County and Montgomery County are doing the best they can to keep staff and inmates safe. That includes continual sanitization, social distancing when possible, and other protective efforts.

Unfortunately, if an outbreak occurs in a jail, all the social distancing and facemasks in the world can only limit it. They cannot stop it. So, if you or a loved one is arrested, the only way to keep absolutely safe is to work with the Clarksville, TN bail bondsman at Fizer Bonding Company .

Coronavirus Risks

The physical coronavirus risks are well-documented. This respiratory virus is similar to SARS (Severe Acute Respiratory Syndrome) which ravaged parts of the world in the early 2000s. COVID-19 is almost as deadly, especially to people with pre-existing conditions, and much more contagious.

Many people in jails or prisons have addiction issues and other pre-existing conditions. Furthermore, most county jails operate at or near capacity. This combination creates a great deal of stress and anxiety about COVID-19. This additional angst could contribute to an incarceration-related brain injury. This injury is something that most people in the free world do not have to deal with. But it’s a constant threat for jail inmates.

Incarceration raises cortisol (stress hormone) levels by as much as 30 percent among people with normal brain functions. As mentioned, many new inmates are already dealing with brain injury issues, mostly due to substance abuse but sometimes due to bodily injury from childhood violence.

Unhealthy cortisol levels have a number of effects. Heart and respiration rates increase. Additionally, cortisol taps into stored glucose. As a result, people do not feel as hungry and might become disinterested in food and malnourished during this critical time.

These stress-related brain injuries, which coronavirus fears exacerbate, affects not only the inmates themselves, but also their criminal defenses. Confused and stressed-out inmates are less able to cooperate with their lawyers and more likely to accept an unfavorable plea bargain arrangement just to speed up a resolution.

Grading Montgomery County’s Response

Generally, the Montgomery County jail operates at about two-thirds capacity . Most observers classify jails and other facilities as overcrowded when they hit 80 percent capacity. So, the jail is not technically overcrowded, but it’s close. As a result, effective social distancing is absolutely impossible. That’s a C+.

What about masks? Officials say they distribute masks to inmates. But friends and family cannot send masks, hand sanitizer, or any other package to inmates. Only letters and postcards make it past screeners. So, in this area, the county does not get a failing grade. But one would think a global pandemic would cause officials to alter the no-package policy. Or atleast accept protective wear from inmate family and friends as a general mail delivery to the facility, as a donation. Let’s call this one a C+.

Physical safety is next. By most accounts, Montgomery County is doing a fine job in this area. Coronavirus has put many jails on lockdown status. But that’s not true here. For the most part, inmates are free to move around. Occasionally, areas are off-limits so officials can sanitize them. Outdoor recreation is down to two hours a day, which is probably a necessary precaution. Work details are largely unaffected. There is always some room for improvement, but that environment sounds like a B+.

Finally comes testing and quarantine. All new inmates are temperature-screened and asked about COVID symptoms. If they fail either portion of this exam, they are quarantined for fourteen days in an “isolation pod.” We’re not exactly sure what that is, but it sounds rather ominous. The intake area has barriers, which is good news for arrestees, people booking in and booking out, families, and Montgomery County bail bonds agents.

Ideally, officials should test all new inmates and isolate them until the results come back. Temperature screenings and questionnaires are better than nothing but rather unreliable when you take into consideration that there are pre and post contagion and incubation periods for the coronavirus. Presumably, if current inmates exhibit coronavirus symptoms, they are screened. That all adds up to a C+ in the gradebook.

The bottom line is that Montgomery County’s coronavirus precautions earn a passing grade, and this is something for the county to be very proud of!

Robertson County Response

As of April 2020, no Robertson County inmates had tested positive for coronavirus. That’s good news and bad news. It is obviously good that no one is sick. But the lack of infections might give officials a false sense of security. “The health and safety of my sheriff’s office team, the citizens of Robertson County, and inmates within the Robertson County Detention Facility is our top priority,” Sheriff Michael Van Dyke said recently. This attention to all citizens of the county is admirable.

In terms of social distancing, Robertson County’s jail is slightly less crowded than Montgomery County’s. As a result, social distancing is a bit more possible ( e.g. vacant tables in the cafeteria and day use room). Officials say they “encourage” social distancing in the county jail. That’s probably a C+.

Robertson County has the same mask restrictions as Montgomery County. However, Robertson County also has an inmate mask requirement. That additional protection moves Robertson County up to an A in this area.

Officials in Robertson County are also very diligent when it comes to sanitizing the facility as opposed to simply placing inmates on lockdown. And, bail bonds agents in Clarksville, TN still have unrestricted access to this facility. All that adds up to another A.

Testing and quarantine procedures are roughly the same in both counties as well. Robertson County screens inmates but does not test them, even when their time in quarantine expires. For those of you keeping score at home, that’s a B.

Robertson County’s COVID-19 report card looks stronger than Montgomery County’s. And it is clear that, as Sheriff Van Dyke stated, inmate safety is a priority on his list.

In the coronavirus era, the best way for inmates to stay safe is to partner with Fizer Bonding Company (bail bond near me) helping you keep your freedoms and safety a top priority. Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures . Our family-owned bonding service has filled 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

The post How Safe Are Jail Inmates in Robertson and Montgomery County? appeared first on Fizer Bail Bonds .

Coronavirus, School Closure, Parenting Plans, and Jail Release

Fri, 26 Jun 2020 04:10:00 GMT

Frequently, in terms of parenting time division, the sun rises and sets according to the public school schedule. That’s usually true even if the children are homeschooled, do not attend school, or attend a private or charter school. We are still dealing with the fallout of the spring 2020 public school cancellation. And, there is no guarantee that classes will resume in fall 2020.

The 19th Judicial District, which includes Montgomery County, recently issued an order addressing this issue. Regardless of whether classes are in session or not, the school schedule remains in effect. Parenting time exchanges continue as if nothing happened. If the child or anyone in either household, such as a parent, step-parent, or step-sibling, tests positive for COVID-19, everything stops for a mandatory 14-day quarantine. Other exceptions include children who were out of town and could not safely travel because of the lockdown.

Now we come to the jail release portion. Stress and anxiety about COVID-19 has everyone on edge. Verbal disagreements about parenting time divisions quickly escalate into physical confrontations. That’s especially true if the normal rules do not apply for some reason. Police officers usually respond to these incidents very quickly. If there is any evidence of any physical contact, someone is going directly to jail.

At Fizer Bonding Company , our Montgomery County bail bonds agents are available 24/7/365, coronavirus or not. Day or night, if you need a bail bondsman in Clarksville, TN, we are available. We do more than open the cell door for you. We answer your questions about pretrial detention and restraining order procedures, so you can make the best possible choices.

Avoiding Family Law Disputes

A well-known proverb states that wise people anticipate danger and avoid it; fools ignore warning signs and suffer the consequences. Frequently, the best way to avoid violent parenting and time disagreements is to deal with them before they get out of hand.

Mediation is a good place to start. Free or low-cost family law mediators are widely available in Montgomery County.

After a third-party mediator listens to both sides, the parents retire to separate rooms as the mediator conducts shuttle diplomacy. The mediator conveys settlement offers and counter-offers back and forth.

If both sides negotiate in good faith, mediation is about 90 percent successful . “Good faith” normally means each side is willing to compromise to get a deal done.

Of course, not everything is negotiable. For example, if Dad/Mom is an extreme coronavirus skeptic who refuses to take any precautions, visitation in public places might be okay, but the children could be put at risk in a private visitation and extra precaution may be warranted for health and safety reasons.

Generally, you do not need a lawyer to participate in mediation. The mindset is different during mediation. In court, you need a lawyer, or else your voice might not be heard. But mediation is a litigation alternative, so this normal rule is inapplicable.

Know Your Jail Release Options During the Coronavirus Age

As mentioned, most Montgomery County law enforcement agencies have mandatory arrest policies. That’s especially true during these uncertain times . Officers look for any evidence of injury, such as a red mark or a bruise. If they see such evidence, they try to determine who started the fight. At that point, they take the alleged instigator to jail.

It’s impossible to enforce social distancing in crowded jails. It’s also very difficult to sanitize surfaces. So, Montgomery County officials are anxious to create as much space as possible. That means jail release is most likely within your reach, even in domestic assault cases.

OR (Own Recognizance) release is usually not available for violent crimes. But if the defendant has no criminal history, OR release might be an option. That’s especially true if the state’s evidence is weak. Typically, an attorney must make this argument at a bail reduction hearing.

Alternatively, a Fizer Bonding Company (Montgomery County bail bond) agent can usually write a bail bond. Bail bonds are basically insurance policies. Our bondsman (bail bond near me) charges a 10 percent premium. Once the bond agent delivers this insurance policy to the sheriff, the sheriff releases the defendant.

The bottom line is that if you were arrested because of a family law dispute which got out of hand, do not panic, because you have options.

Restraining Orders

Domestic assault charges usually involve restraining orders. Some law enforcement agencies require officers to inform alleged victims about this procedure. If the alleged victim applies for a protective order, once again, do not panic.

Many judges do not ask too many questions at the initial ex parte restraining order stage. Instead, the judge simply reviews the alleged victim’s affidavit. If it contains facts as opposed to accusations, the judge normally issues the order.

Things are different at the protective order hearing, which usually occurs about two weeks later. Judges understand that everyone is on edge because of the Coronavirus quarantines and their indirect effects. Many of these judges also consider family law cases, so they also understand the confusion regarding parenting time division and exchanges.

That being said, the burden of proof is rather low. And no judge wants to be the person who denied a restraining order and the violence between the two people escalated.

Compromise is usually an option at the beginning of this process, and it’s usually an option at the end as well. Judges often issue limited restraining orders. They have the same basic elements as a standard restraining order, such as no-contact provisions and other limitations. However, there is no family violence designation. So, the collateral effects are not as bad on alleged abusers.

Count on Fizer Bonding Company to provide you with solid bonding information during these unsteady times. Our professional and discreet bondsman are here to help you and your family during these unprecedented times. Fizer Bonding Company is family-owned and 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

**Disclaimer**

The post Coronavirus, School Closure, Parenting Plans, and Jail Release appeared first on Fizer Bail Bonds .

How to “Do Summer” During the COVID-19 Pandemic

Fri, 05 Jun 2020 04:13:00 GMT

1967 went down in history books as the Summer of Love . That year, about 100,000 “hippies” gathered in the San Francisco area between March and October. They listened to music, enjoyed works of art, talked about politics, and did some drugs. Not everybody did all these things…but most did who traveled to the bay area to become a flower child. The eclectic gathering in Haight-Ashbury made waves throughout California and as far away as New York City. Similar events took place in the late 1960s, most notably at Woodstock in 1969. But they did not have quite the same gravitas.

The Summer of Love was unique. Hopefully, the Summer of Coronavirus will be optimistically unique as well. Many people would like another summer of love, at least in some form. But no one wants to go through further stress and anxiety about COVID-19. Memorial Day, the unofficial first day of summer, has come and gone. SO, the Summer of Coronavirus is officially upon us. And, no one is sure how it will end. But Tennessee Governor Bill Lee recently unveiled some guidelines for keeping Covid-safe this summer.

The county jail is never part of anyone’s summer vacation plans. But some people who went to San Francisco as part of the Summer of Love got an unexpected tour of the county jail. Likewise, many Tennesseans who go on road trips this summer might need to reach out to a Montgomery County bail bonds agency. That’s especially true if, as is commonly the case, your travel plans include being with groups of people and alcohol consumption. So, the Fizer Bonding Company is here to help keep you safe in jail and out of jail.

Large Groups

In March 2020, during the early pandemic peak, the Centers for DIsease Control recommended limiting public gatherings to fifty people . Gov. Lee’s order respects this limit. So, do not expect to see parades, music festivals, county fairs, picnic blanket concerts, or other large, unorganized gatherings this summer. Indoor concerts and spectator sports are different. More on that below. There are several exceptions, including:

In terms of social distancing, this part of the order does not specifically mention the six-foot rule of thumb. It only refers to the subjective principle of social distancing.

County Autonomy

In Tennessee, counties are not just administrative districts. They have a great deal of power. That’s especially true of the more populous counties.

Knox, Madison, Shelby, Davidson, Hamilton, and Sullivan Counties have their own health departments. So, these six jurisdictions can generally issue orders which are stronger or weaker than the Governor’s order. Alterations to the orders concerning religious gatherings are off limits.

The other eighty-three counties in Tennessee, including Montgomery and Robertson County, can still issue their own orders. But these local orders can only affect local government matters, such as jailhouse visiting hours. Montgomery County bonding agencies are essential businesses, so they are exempt from any such restrictions.

Senior Citizens

COVID-19 has been incredibly lethal for people over 65. So, the Governor’s order takes special care to protect the health and safety of older Tennesseans. Many of these restrictions are very inconvenient, but policies must have priorities.

Nursing home visitors are not allowed except in end-of-life situations or if the visitor is a medical service provider. Additionally, these facilities must have had complete testing protocols in place by May 31. Senior centers are closed, period.

Alcohol Consumption and Takeout

Fizer Bonding Company (bail bond near me) typically deal with a number of criminal charges in this area. It is normally illegal to carry or consume alcohol in public. Of course, bars are normally open, so there is normally a place to drink. So for now, the public consumption laws are on hold.

Different municipalities usually have different rules in this area. Typically, the offense itself is basically a traffic ticket. Officers typically cite defendants and release them instead of taking them to jail. But people who have been drinking sometimes act erratically and these confrontations can often escalate.

Changing the alcohol consumption laws is like taking the fuse out of a bomb. If there’s nothing to light, nothing goes boom. That’s usually a good thing for everyone concerned.

Concerts, Theme Parks, and Sporting Events

These venues can open if they respect capacity limits and social distancing requirements. Normally, that’s an either/or proposition.

There might be professional baseball in Tennessee this summer. Here is one idea for social distancing seating so fans can root, root, root for the home team. Typically, the county health department must sign off on the final configuration. Indoor concert venues must follow a similar pattern.

Dollywood , Dollywood’s Splash Country, and other outdoor theme parks are subject to occupancy restrictions. However, since Coronavirus is not as contagious outdoors, county health departments might be willing to make some accommodations.

Mask Requirement

According to the governor’s order, “Persons are urged to wear a cloth face covering in places where in close proximity to others, especially where social distancing is difficult.” This vaguely-worded directive is not quite a mask requirement, but it is awfully close.

Conceivably, any business could require people to wear face masks. If the patron does not wear one, or is not wearing the right kind of mask, the store could file criminal trespass charges, which means it could easily become necessary to call Fizer Bonding Company needing a bondsman to (Clarksville tn bail bonds) get out of jail as quickly as possible.

Lots of dominoes have to fall in the right direction in that scenario…but it could happen. However, the best approach is always wear a face mask when you go into a store. It’s almost always better to be safe than sorry.

The Fizer Bonding Company team truly cares about your health and safety. That’s why we do what we do. Our family owned company has been serving the bonding needs of Montgomery County over the past 35 years and is a proud member of the Tennessee Association of Professional Bail Agents and offers their bonding services for only 10% of the bond amount. 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

**Disclaimer**

The post How to “Do Summer” During the COVID-19 Pandemic appeared first on Fizer Bail Bonds .

FAQs About Bail Bonds and COVID-19

Sun, 31 May 2020 01:12:00 GMT

According to most people, social distancing and voluntary quarantines are the best way to slow the spread of coronavirus. Unfortunately for jail inmates, these two things are completely unavailable. Social distancing is impossible in overcrowded jails. Additionally, many inmates have compromised immune systems. Voluntary quarantine is clearly not an option for most of these people. As a result, a jail or prison coronavirus outbreak could “ spread like wildfire .” according to one nonprofit research group.

The Centers for Disease Control has issued some guidelines in this area. Unfortunately, however, these guidelines say very little about jail and prison safety. The State of Tennessee has issued guidelines as well. Limited testing is in place and some day-to-day changes, such as limited work crews and inmate visitors, have been implemented. But for the most part, jails and their prison inmates are on their own.

So, the best way to avoid a jail-related coronavirus infection is to avoid jail altogether. This means working with a bondsman to get you a fast release from jail with the folks at Fizer Bonding Company in Montgomery and Robertson counties Tennessee (bail bond near me). Despite the pandemic, bail bonds are available 24/7/365 in Robertson and Montgomery Counties. Fizer Bonding Company is very proactive when it comes to working with released inmates and putting their safety first. This includes their physical health as well as their mental health while understanding that we are all at risk in today’s Covid-19 pandemic world.

How Are Bonding Companies Helping My Community Deal with Stress and Anxiety about COVID-19 ?

Even though the pandemic has affected cash flow, Fizer Bonding Company as a proud contributing member of the Tennessee Association of Professional Bail Agents , along with a Memphis-based bail bonds agency, recently made a generous donation to the Memphis Union Mission. MUM helps individuals and families who are struggling with substance addiction and chronic homelessness.

“Everything we do is to help transform the lives of those who have struggled with addiction, poverty and homelessness,” said D. Scott Bjork, Memphis Union Mission’s CEO. “Our organization runs entirely on donations. Without support from the community, we would not be able to carry out our mission any longer,” he added.

The coronavirus pandemic has hit MUM’s clients particularly hard. These individuals have no safety net of their own, and any available community resources are stretched very thin.

Financial donations are good, but they are only one part of the commitment local bail bonds offices have to the communities they serve.

We make sure coronavirus accommodations are generously available to our clients. Some bonding companies continue to insist on personal check-ins. But we offer alternatives, such as video and telephone check-ins. Other people have trouble paying periodic fees, such as Ignition Interlock Device monitoring fees. Unfortunately, your bail bond agent has no direct control over such fees. But an agent can and does run interference for you.

Bail bondsman also advocate for arrestees at the state level. They provide information which helps legislators make the best possible decisions in the midst of a pandemic. For example, Tennessee lawmakers are currently considering House Bill 1131 . Section 1 of this bill requires judges and magistrates to release most defendants on unsecured bonds. As outlined below, expanding the state’s pretrial release system might be seen as a waste of taxpayer money. Additionally, limiting judicial discretion often comes with many risks to society.

Currently HB 1131 is stuck in committee. The measure has no bipartisan support, and the Criminal Justice Subcommittee has not so far officially been seen to be in support of it.

Is Pretrial Release an Effective Use of Resources in the Coronavirus Age?

Because of the aforementioned jailhouse COVID-19 risks, some people believe emptying jails via pretrial release is a good idea. But the latest research indicates that this may not be the case. A recent University study made some rather startling findings:

When people are arrested, there are basically three ways to get out of jail. First, there’s a limited pretrial release program. State-sponsored OR (Own Recognizance) release is available in some cases. Second, there’s cash bail. Cash bail is basically a security deposit. Finally, there’s a bail bond with Fizer Bonding Company (bail bond near me), which is essentially an insurance policy. The bondsmen agree to pay the security deposit if the defendant does not appear at trial.

Has Coronavirus Affected Bail Amounts?

In a nutshell, coronavirus has significantly affected bail amounts throughout the Nineteenth Judicial District due to a change in procedures and coronavirus protocols. This District includes Robertson County, Montgomery County, and most surrounding jurisdictions.

Bail for nonviolent misdemeanors, both original arrests and probation violations, is presumptively set at zero. Nonviolent misdemeanors always include drug possession and property crimes. Depending on the facts, DUI might be a nonviolent crime as well. The District Attorney General’s office can request bail in these cases.

Felony coronavirus bail is a bit more complex. Zero bail is limited to non-violent C, D, & E felonies, and there aren’t very many of these cases, as well as probation violations for a failed drug test, financial delinquency, failure to perform community service, and some other technical violations. Otherwise, standard bail procedure applies.

Typically, the sheriff sets presumptive bail amounts based on the defendant’s criminal history and the nature of the offense, At the arraignment, an attorney can argue for a bail reduction based on the defendant’s ability to pay, defendant’s connections to the community, actual threats to witnesses or victims, and some other factors.

That procedure is subject to change if the defendant files an indigency affidavit. Furthermore, until the coronavirus lockdown completely ends, judges must usually conduct arraignments and other hearings via telephone.

For more answers to more frequently asked questions and a FREE bail consultation contact Fizer Bonding Company (bail bonds Clarksville TN). Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and offers their bonding services for only 10% of the bond amount. 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

**Disclaimer**Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

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Crime and Punishment for Women VS Men

Sat, 16 May 2020 01:08:00 GMT

Women’s role in society has changed in many ways over the last century. Unfortunately, not all these changes have been positive. For example, the proportion of women in the workforce has roughly doubled since 1930. That’s good. But the proportion of women in prison has almost tripled since 1930. That’s not so good.

Almost all of the incarceration increase began around 1970. Between 1930 and 1970, there were only four womens’ prisons in the United States. By 1990, there were seventy-one; by 1995, there were one hundred and fifty.

Since female incarceration increase is a relatively recent phenomenon, there are few studies explaining why the female criminal rate has increased so quickly and so rapidly. One thing is certain, however. From start to finish, female criminal matters involve substantially different issues than male criminal matters.

One thing that is almost always certain is that this process includes using the services of a bondsman (bail bond near me). Unless a bondsman intervenes, the conviction rate for both men and most certainly women, is exponentially higher. Essentially, pretrial incarceration (going directly to jail and staying in jail after an arrest without getting out on bond) transforms the presumption of innocence into a presumption of guilt. More on this below.

Male vs. Female Crime Statistics

Although the female incarceration rate has increased significantly since 1920, women still account for less than 10 percent of all jail or prison inmates in the United States. That small sample size is another reason it’s difficult to determine why the female incarceration rate has increased so much.

The nature of the crimes women commit, however, is a different matter. Most male jail and prison inmates were convicted of drug crimes, mostly drug possession, DUI, and assaultive offenses, such as ordinary assault, aggravated assault, and homicide. Most female inmates were convicted of property crimes, such as arson and theft. As outlined below, property crimes specifically require a different legal approach by your representing attorney. This is why it is important to choose an attorney with experience in the field where you are needing your defense so your attorney can more easily help you have a successful resolution to your charges.

So much for adult criminal statistics. Female juvenile delinquency rates show similar trends. Girls almost never got into legal trouble a hundred years ago. At the time, girls were essentially property, so authorities almost always remanded wayward females into the custody of their parents, husbands, or male next of kin family members. That approach probably made the problem worse, but that’s the subject of another blog.

Today, many more girls face legal problems. Similar to adult women, these problems usually involve property crimes. But most boys also get into trouble because of property crimes as well. Violent juvenile crimes, although they always make the headlines, are quite rare.

Female Crimes and Bail Issues

As outlined above, most female arrestees are first-time offenders charged with nonviolent crimes. As a result, they are usually candidates for pretrial release in Montgomery County.

Pretrial release, or OR (Own Recognizance) release, essentially transforms an arrest into a traffic ticket. When officers cite drivers, if the drivers promise to appear in court, officers release them. Similarly, if a review board approves OR release and the defendant promises to appear in court, the sheriff releases the defendant. Robertson County has a similar system.

Unfortunately, the wheels of justice do not always turn quickly. It might take a review board several days to review a case. In many situations, remaining behind bars that long is not an option if the defendant has a family at home, work responsibilities, or is a student. And, review boards do not always authorize OR release, even if the defendant meets the minimum qualifications.

So, many inmates turn to a bail bondsman. For a small premium, of only 10% of the full bond amount, the bondsman at Fizer Bonding Company delivers a surety bond to the sheriff. This surety bond is a lot like an insurance policy. If the house burns down and it was insured, the insurance company usually covers the loss. Likewise, if a defendant does not appear in court or violates another bail condition, such as picking up a new charge, the bonding company usually covers the loss.

Gender should not affect the amount of bail, but it does, at least indirectly. As mentioned, most women do not have criminal records and face nonviolent charges. Additionally, many women have strong connections to their families and social communities. All these factors often point toward a lower bail amount.

Criminal Defense Issues

DUI and possession offenses are usually fact-based. An officer typically witnessed the criminal activity and later testifies about that activity in court. But property crimes are different. Officers very rarely see people burn down buildings or fraudulently use credit cards. These criminal matters usually involve lengthy investigations and non-police witnesses, such as the owner of the building or credit card.

Investigations typically involve paid informers and search warrants. Many times, these foundations are not strong enough to make criminal charges hold up in court.

Paid informers usually receive leniency or cash. Since many people will say almost anything for love or money, these tips are inherently unreliable. The information they provide is only reliable if it includes certain features, such as:

Search warrants have issues all their own. These warrants must be based on probable cause. That’s one of the highest evidentiary standards in Tennessee law . If the warrant was invalid, any evidence officers seized is inadmissible.

These weaknesses usually make it easier for attorneys to successfully resolve criminal cases involving female defendants. That resolution often includes a deferred prosecution agreement. If the defendant admits guilt, pays restitution, and jumps through some other hoops, the court normally dismissed the charges.

Fizer Bonding Company is a valuable resource that offers FREE Bail Bond Consultations in Montgomery and Robertson Tennessee counties (bail bond Clarksville TN). Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail and we practice Covid-19 friendly procedures . Our family-owned bonding service has filled 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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Dealing with Coronavirus Stress

Sun, 19 Apr 2020 01:48:00 GMT

Quarantines are very hard to deal with. Many people are used to going out to temporarily forget about strained family relationships or other issues. Now, that’s not possible. Additionally, the stress over COVID-19 could be worse than the virus itself. And, there is little way to relieve this worry, since there are only so many movies you can stream and Netflix show episodes. In situations like these, disagreements often end violently.

These issues will not end after the quarantines end. The problems will only shift. Your end-of-quarantine party could make your last New Years’ party look like a school board meeting as the members consider new lunch menus. It’s very easy for things to get out of control. And, once coronavirus restrictions end, police response will probably be rapid and decisive.

A Fizer Bonding Company agent (bail bond near me) does more than get you out of jail if trouble strikes. Bail bonds agents are also excellent resources for answers to your questions about the criminal justice system in general.

Managing Stress and Anxiety About COVID-19

During his inaugural address, former President Franklin Roosevelt said the only thing we have to fear is fear itself. He was talking about the Great Depression, but his words might also be appropriate in the coronavirus outbreak as a first defense to keeping your peace of mind.

Most COVID-19 victims recover. The recovery rate is almost 98 percent . But stress and fear can cause permanent brain injuries. And, the brain injury recovery rate due to stress and fear is very low percent. These injuries are usually considered permanent. Fear and stress elevate stress hormone levels in the body. Long-term exposure to these hormones can cause personality changes and other symptoms to the body like increased cortisol.

So, managing fear and stress is critical during a pandemic. Small changes usually make a big difference, and many experts suggest the following small changes:

Early symptoms of stress-related brain injuries include excessive anxiety over friends and loved ones, trouble concentrating, changes in eating or sleeping patterns, and using alcohol, tobacco, or drugs to self-medicate.

Assault and Coronavirus

As mentioned, many assault cases begin with arguments or disagreements which got a bit too heated. Psychology Today explores this further in their discussion of the conditions and circumstances that have contributed to the increase in intimate partner violence and child abuse during Covid-19. In Tennessee, there are basically three kinds of assault:

Jail release is usually more difficult in assault cases. Judges often add additional conditions, such as a no-contact order or electronic monitoring/house arrest.

Stress and fear over Coronavirus might be used as a defense in the future to aggravated assault charges. If the defendant suffered a brain injury, the defendant is arguably incapable of committing a specific intent crime like aggravated assault. Specific intent crimes mean that the defendant intended both the conduct (hitting someone) and the result (seriously injuring someone).

In other assault cases, Coronavirus stress might be a mitigating factor in punishment. The best case scenario is that simple assault becomes tantamount to ABC, and ABC steps down to disorderly conduct (a/k/a drunk and disorderly or public intoxication).

Drunk and Disorderly in Tennessee

Tennessee’s disorderly conduct law is rather unique. 39-17-310 arrests do not go on the defendant’s permanent record. Instead, a disorderly conduct arrest is a protective custody detention. The two most frequent examples of disorderly conduct are:

A magistrate may order drunk and disorderly defendants to obtain alcohol counselling, but that’s about the worst thing that can happen.

There might be some indirect consequences, especially during the current decrease in regular traffic during the Coronavirus shut-down. Officers will most likely run warrant checks. In some cases, the consequences of such actions could be quite serious, especially for those that are on the run.

Defenses to Public Intoxication Tickets

39-17-310 offenses do not always hold up in court, especially if the arrest was to occur sometime in the near future during a Coronavirus post-quarantine home party where everyone has had plenty of libations and is pretty close to now knowing what day it is or what their name is.

The law enforcement contact must occur in a public place. The inside of a home is not a public place, and your front yard is not a public place if no one else is around. It’s also possible to challenge the aforementioned subjective elements (unreasonable annoyance and physical danger), but these arguments are harder to win.

According to the CDC and popular advice we are given in these Coronavirus days, keep your head down, stay out of trouble, wear a face mask, stay at home, practice social distancing (6 feet), and wash your hands often (don’t touch your face) and if legal trouble does strike, call Fizer Bonding Company, (bail bonds Clarkville Tn) for 24/7 bail bond services. Fizer Bonding Company is family-owned and 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

**Disclaimer**

The post Dealing with Coronavirus Stress appeared first on Fizer Bail Bonds .

A Bondsman Keeps You Safe During COVID-19

Thu, 16 Apr 2020 15:54:00 GMT

In 1987, the late, great Justice Thurgood Marshall said the Constitution is a living document . Its provisions, including the bail clause in the Eighth Amendment, must adapt to conditions that the Founders never dealt with, such as a global pandemic.

Overcrowded jails are very dangerous during virus outbreaks. One coronavirus case quickly infects everyone else. That includes inmates and staff. Furthermore, many inmates have compromised immune systems, largely due to drug use, HIV exposure, alcohol abuse, and other conditions that may have contributed to their initial incarceration. The powerful coronavirus usually makes such people seriously ill, at best.

This situation has prompted some people to redefine “reasonable bail,” as well as the nature of bail conditions. Rather predictably, advocacy groups, like The Bail Project , have urged officials to essentially empty county jails as the disease spreads across the nation. Perhaps more surprisingly, Attorney General William Barr recently instructed federal prosecutors to account for coronavirus when they make bail recommendations. Global pandemics make strange bedfellows.

How does all this affect Montgomery County families who are dealing with the sudden and unexpected arrest of a friend or loved one? In the current environment, Clarksville, TN bail bondsmen have more options than ever when it comes to getting people out of jail before they stand trial and possibly keeping them out permanently, unless a judge sentences them to incarceration.

Procedural Knowledge in a Fluid Situation

Bail bondsmen do more than just get people out of jail. They are an excellent resource for things like the amount of bail and how to preemptively determine bail conditions given the defendants set of circumstances. Before March 2020, these answers were usually easy to obtain. But then, everything changed. Since the onset of COVID-19, these answers change daily in our current environment.

Perhaps moreso than other criminal justice professionals, bail bondsmen know more about what’s going on inside the jails than other folks. They also frequently know about the next policy declaration before it becomes public. Up-to-date information is crucial, and the Fizer Bonding Company bail bonds office (bail bond near me) is the best place to get it.

Bookin/Bookout Options

One of the best ways to avoid the risk of temporary confinement is to avoid it altogether. COVID-19 has reduced jail inmate populations. So, deputies who were once on guard duty now have front desk/processing duty. Therefore, it is easier than ever to bookin and bookout.

Generally, a bail bond agent accompanies defendants who voluntarily surrender. Their presence helps expedite the process. The process usually takes only a couple of hours, and defendants never go past the holding area. Sometimes, especially due to coronavirus fears, they do not even go past a secured waiting area.

A few tips to remember. Call your Fizer Bonding Company agent and make your surrender plans with them first. It’s usually best to surrender during the middle of the week. Jailers are usually not as busy during these periods. Have your attorney’s number on speed dial and make sure s/he knows what you are planning to do as well. Finally, have someone drive you to and from the jail.

Relaxed Bail Standards

Coronavirus has altered the standards during initial determinations, subsequent reconsiderations, and revocation proceedings.

Pretrial release is a good example of how COVID-19 has changed initial determinations. Usually, only defendants charged with nonviolent misdemeanors and criminal records which are as clean as a whistle are eligible for OR (Own Recognizance) release. That’s a very small number of people.

Now, the approach has changed. Pretrial release review boards are now anxious to release defendants, and release them quickly. So, even if the defendant is a less-than-perfect candidate for pretrial release, the board may be much more inclined to grant it. Furthermore, the wheels of justice are apt to turn more quickly. The we’ll-look-at-this-tomorrow bureaucratic attitude is gone, at least for now.

OR (Own Recognizance) release basically transforms an arrest into a traffic ticket. The defendant promises to appear at trial, and the sheriff releases the defendant.

Judges have always considered a number of additional factors besides the severity of the offense and the defendant’s criminal record during bail reduction hearings. Now, they have an additional factor to consider. And, the coronavirus factor weighs high in favor of releasing the defendant.

As outlined below, bail conditions have changed as well. That change affects revocation proceedings. Normally, if you violate bail conditions, judges either add additional restrictive conditions or revoke bail altogether. Now, they are more inclined to be lenient. No one wants to send an unsentenced inmate to jail, especially due to a technicality like failure to report.

This slack only goes so far though. It’s very important to follow all bail conditions to the letter, unless it’s absolutely impossible to do so and if such a situation arises, you must inform your bondsman asap!

Expedited Release

Before COVID-19, inmate release was usually the last thing on a to-do list. Many people whose paperwork had already been processed, languished for several hours before they were released. Those several hours usually seem like several days.

The virus has turned our lives upside-down, and it has also turned jailers’ priorities upside-down. Release has moved from the bottom of the list to the top. The sooner the county releases people, the happier its lawyers are. The last thing they need is an inmate suing the county because s/he contracted coronavirus while s/he was waiting to be released.

Relaxed Bail Conditions

Bail bonds usually come with conditions, such as reporting to the company, remaining within the county at all times, and avoiding further legal trouble. These conditions are normally not as strict.

Bail bondsmen are in a very good position to make practical accommodations based on coronavirus. There may be no need for a hearing or an official declaration. More often in these coronavirus days, everything is a case-by-case matter.

This outbreak will eventually come to an end. But a bail bondsman’s flexibility will not end. If you need accommodations on certain bail conditions, your Fizer Bonding Company agent can usually make the necessary arrangements to help you out. And, if problems do develop later on and you were honest with them upfront, they will do their best to not let them develop into bail revocation down the road as a consequence.

Your Fizer bondsman (bail bonds Clarksville tn) is available to serve you 24/7/365, virus or no virus. For more information about jail release in Robertson and Montgomery Counties, contact Fizer Bonding Company (bail bonds clarksville tn) for a FREE Bail Consultation. We are a 40 year old family owned company and offer 24/7 affordable professional bonding services. 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

**Disclaimer**

The post A Bondsman Keeps You Safe During COVID-19 appeared first on Fizer Bail Bonds .

FAQs About Tennessee’s Three Strikes Law for Drug Convictions

Wed, 01 Apr 2020 17:21:00 GMT

The Volunteer State’s three-strikes law is quite complex, mostly because there is one such law for federal drug crimes and one for state violent felonies. One is a possible life sentence and the other one is a mandatory life sentence. Read on to learn which is which and how these laws affect your family.

Most states, including Tennessee, passed their three-strikes laws in the early 1990s. Back then, both the War on Drugs and the War on Crime were reaching their peaks. Congress approved harsh drug sentences in the late 1980s, in the wake of basketball phenom Len Bias’ sudden cocaine overdose death. A few years later, lawmakers approved the controversial 1994 crime bill. This bill significantly expanded death penalty crimes, created a slew of new gang and immigration-related offenses, and required states to enact sex offender registries.

Tennessee’s three-strikes law is found in Section 40-35-120 of the Tennessee Code. It does not apply to drug cases , but it does apply to most violent felonies, such as:

If the defendant has two prior violent felony convictions, the defendant is generally a “repeat violent offender,” according to the statute. As such, if the defendant is convicted a third time, there is a mandatory LWOP (life without parole) sentence.

The federal three-strikes enhancement could apply to drug cases, if prosecutors file an 851 notice . This notice states that the defendant has one or more previous drug convictions and the prosecutor wishes to pursue a sentence enhancement, as follows:

Additionally, prosecutors must establish that someone died or sustained serious injury because of the drug use. The law on this point is fluid, but in general, even a rather tenuous connection between the drug sale and the serious injury usually holds up in court.

If you think all this seems complicated, you are not alone. Your Fizer Bonding Company bondsman (bail bond near me) has additional resources on this subject and bail bonding procedures.

What is the Effectiveness of the Three Strikes Law ?

The answer to this question largely depends on who you ask. Most pundits agree that the first round of three-strikes laws were, for the most part, too broad. In 1995, a judge sentenced a California man to twenty-five years to life. His offense was stealing a piece of pizza . Of course, there were a number of aggravating circumstances. But most people would agree that life in prison for a piece of pizza, even if it was stuffed crust supreme pizza, is excessive.

Lawmakers in the Golden State quickly amended the three-strikes law. Note that Tennessee’s law only applies to violent felonies , so such a result is impossible here.

Three-strikes laws were enormously popular at the time, mostly because the “three strikes and you’re out” tagline resonated well with many people. Some statistics indicate that the laws successfully curbed violent crime, but as vigilante generalissimo Homer Simpson told Kent Brockman, people can come up with statistics to prove anything .

How Long Do Criminal Records Last ?

Many people have this question, and not just in the context of the federal and state three-strikes law.

Negative credit information usually falls off credit reports after about seven years. But for most purposes, criminal conviction records last forever, even if they were juvenile incidents.

Arrest and conviction records might fall off records in some cases and for limited purposes. For example, when most employers conduct criminal background checks, only the last seven years shows up on the reports. And, Tennessee has rather generous expungement and sealing laws. In some cases, people can erase these records altogether or at least make them basically invisible.

It sounds crazy, but not all convictions count as convictions. Many people receive deferred disposition probation. The defendant pleads guilty, but the judge does not technically find the defendant guilty. Instead, the judge sentences the defendant to probation. If the defendant successfully completes probation, the judge dismisses the case.

Some agencies, most notably ICE, consider deferred disposition to be a conviction, in most cases.

What Does it Mean to Have Two Strikes in Tennessee ?

To determine the number of strikes in the state violent felony law, courts consider the following matters:

Generally, the state has the burden of proof to show that the defendant is a repeat violent offender. Simply introducing the defendant’s criminal record might not be enough.

What is a Schedule 3 Drug in Tennessee ?

This question does not come up very often in drug trafficking cases, but it does come up a lot in drug possession cases. And, simple possession accounts for about 80 percent of all drug arrests. In other words, this question comes up a lot.

Both Tennessee and the federal government divide narcotics into five schedules, largely depending on the medical use, if any, and the drug’s dangerous potential, if any. Schedule I drugs, like LSD, have a high potential for abuse and no medical use. Most opioid painkillers, along with meth and cocaine, are Schedule II drugs. Next come Schedule III (steroids and Tylenol with codeine), Schedule IV (Xanax and Abien) and Schedule V (Robitussin and Lomotil).

Sometimes, marijuana is a Schedule III drug. Other times, marijuana is not illegal at all. It depends on the context and the state’s laws.

In general, illegal possession of a Schedule I or II drug is always a felony and possession of a large amount of less-potent drugs is also a felony. Most other drug possession charges are misdemeanors.

If you need information on bail bond services or need to get out of jail fast, contact Fizer Bonding Company, (bail bonds Clarksville TN). Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents and offers their bonding services for only 10% of the bond amount. 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

**Disclaimer**

The post FAQs About Tennessee’s Three Strikes Law for Drug Convictions appeared first on Fizer Bail Bonds .

What Happens If My Child Gets Arrested?

Sat, 21 Mar 2020 01:14:00 GMT

Although the number of juvenile arrests has declined in recent years, roughly a million children a year find themselves handcuffed in the back of patrol cars. When that happens, police officers usually treat children just like adults. Regardless of the suspect’s age, an officer’s job is to collect evidence and build a criminal case.

Since the brain is not fully developed until age 25 , children are especially susceptible to incarceration-related brain injuries. Once they get behind bars, stress hormone levels go through the roof. Prolonged exposure to these hormones can potentially cause permanent brain injury in the form of higher susceptibility to repeat episodes of high stress after their jail release.

Additionally, most children must face this experience by themselves, even if they were arrested in a group. Generally, Montgomery County sheriff’s deputies immediately split groups of children. They do the same thing to groups of adults. So, leaving a child in jail, even for a few hours, to “teach them a lesson” is a decision that warrants careful consideration on the part of the parent or caregiver. They will potentially be exposed to situations and circumstances that will leave lifelong effects.

For all these reasons, if your child IS arrested, you should partner with Fizer Bonding Company (bail bonds Clarksville tn) as soon as possible. The quicker your child gets out of jail, the potential stress-related brain damage they sustain. And, it’s also easier for an attorney to successfully resolve juvenile cases if the defendant is not in jail.

What Happens When a Teenager Gets Arrested in Tennessee ?

The same criminal code, and the same criminal process, applies to all criminal suspects, regardless of age. Interrogation is usually the first step in this process. As mentioned, deputies almost immediately separate groups of children. That’s mostly to keep them from talking amongst themselves and getting their stories straight before investigators question them.

Police interrogations are scary for anyone, but they are especially scary for children. Police officers count on this fear factor when they ask children to waive their Miranda Rights (you have the right to remain silent, etc .).

A staggering 90 percent of juveniles voluntarily waive their rights, and not just because they are scared. As mentioned, peoples’ brains are still developing well into their 20s. The risk-reward portion of the brain is one of the last parts to grow. Children only see rewards; they do not see risks. That’s why it’s so hard to convince children to turn off YouTube and brush their teeth before they go to bed. They aren’t being insolent and they really do want their teeth to be clean and healthy; but from a biological perspective, they cannot see the risk. They do not see that leaving your teeth and gums filled with food debris overnight causes tooth decay…they only see the immediate reward of continuing to watch and enjoy their YouTube show.

Police officers know how to take advantage of this opportunity. They frequently say things like “just talk to us and everything will be fine.”

Additionally, children are taught to respect authority. Gen Z (Generation Z) does not have the same respect for authority as their parents or grandparents, but it is still very deeply ingrained. When someone in uniform asks questions, many children directly answer without thinking about the aftereffects of their answers. .

There’s more. In 2010’s Berghuis v. Thompson , the Supreme Court ruled that suspects must affirmatively assert their Miranda rights, or else they waive them. Federal courts require police officers to make “some accommodations” for children in this area, but these accommodations are limited.

How many fifteen-year-olds say things like “I hereby assert my Constitutional right to remain silent”? Yet, under the law, that’s what they have to do, or officers can keep coming at them with demands for conversation and information.

So, it’s not just important to call Fizer Bonding Company (bail bond near me) for health reasons. If you wait any time at all, your child will almost certainly say too much.

What Can a Minor Get Arrested For ?

Even in mid-sized communities like those in Robertson and Montgomery counties, they still handle gang-related arrests. Frequently, police officers arrest gang members who weren’t at the scene of the crime, or didn’t even know about the crime. The other kids start naming names, and it all goes downhill from there.

Montgomery County peace officers also arrest juveniles for property crimes, like vandalism, and alcohol-related infractions, like MIP (minor in possession of alcohol). Once upon a time, officers usually just broke up the party, escorted these kids home, issued stern warnings, and left. But those days are gone. Now, these children almost always go through the penal system.

Juvenile arrests for violent crimes, especially robbery and assault, are not unheard of. But felonies like these are rather rare.

What is the Youngest Age to go to Jail in Tennessee ?

In 2000, Monroe County peace officers arrested an 8-year-old on murder charges. Of course, it’s very rare for children this young to be arrested. However, it’s not too uncommon to see 11 or 12-year-olds in police cars, especially after the aforementioned gang sweeps.

As for the court system, children as young as 14 can be tried as adults in Tennessee, but only for murder. 16-year-olds might be tried as adults for robbery or attempted robbery. And, 17-year-olds can be tried as adults for any misdemeanor or felony.

Additionally, Tennessee has a “once an adult, always an adult” rule. If children are certified as adults and they catch new charges, they are automatically tried as adults.

How Do Juveniles Get Out of Jail?

The jail release process, like the rest of the arrest process, is the same for juveniles and adults, at least for the most part.

Generally, the sheriff sets presumptive bail amounts shortly after defendants are processed. The amount of bail is usually based on the severity of the offense and the defendant’s criminal record. With regard to children, these factors usually mean a lower-than-normal bail amount.

Essnetially, a bail bond is a surety agreement. For a 10 percent premium, Fizer Bonding Company (bail bond near me) writes this surety agreement and presents it to the sheriff, who then releases the defendant.

Like any surety or insurance agreement, there are some conditions in addition to paying the premium. Generally, defendants must report to their bail bonds officer, remain in the county, and stay out of trouble.

To begin the jail release process when your child gets arrested, contact Fizer Bonding Company for a FREE BAIL BOND CONSULTATION. 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

**Disclaimer**

The post What Happens If My Child Gets Arrested? appeared first on Fizer Bail Bonds .

I Need a Bondsman. What Are Some Questions I Should Ask?

Sat, 07 Mar 2020 18:06:00 GMT

Tennessee has one of the highest jail populations in the country, and a significant number of these inmates are unsentenced. They are simply waiting for their day in court. In most cases, these individuals are not dangerous criminals. They simply cannot afford bail or have not yet partnered with a bondsman (bail bonds Clarksville TN).

Jail release is not just important for personal and professional reasons. It’s also important for health reasons. Incarceration, and specifically prolonged exposure to stress hormones, alters brain chemistry . Many people know someone who did a stint in jail and came back as a different person. This may be due to having been exposed to ongoing high levels of stress hormones or possibly because the inmate sustained an incarceration-related brain injury.

So, if you get arrested, you need a bondsman. It’s not just for the sake of the emotional well being of your friends and family. It’s also for your own emotional and physical sake. But you do not just need any bondsman. You need a Fizer Bonding Company bonding agent (bail bond near me) who will give you straight answers to some frequently asked questions.

What Are the Steps in Hiring a Bail Bondsman ?

The first order of business is to determine the nature of the charges and the availability of bail. Police officers are not legally required to inform defendants of the charges at the time of arrest. So, many inmates only have a vague idea why they are being held inside a jail or holding facility.

Generally, the sheriff’s website contains much of the information needed to find out what the charges are. The exact nature of the charges is important because that’s usually the way the sheriff sets the presumptive bail amount. In most cases, this amount is about $750 for a misdemeanor and $1,500 for a felony. Those levels vary significantly, based on factors like the defendant’s criminal history.

A brief word about the nature of bail bonds. Basically, a bail bond is an insurance policy. This policy guarantees the defendant’s appearance at trial. The bail amount is like the coverage amount. And, as anyone who has bought insurance before knows, the amount of the premium varies based on the amount of coverage. The more financial protection you need or want, the more you must pay.

Bail bonds work the same way. The premium with Fizer Bonding Company is 10 percent of the bail amount. Other factors might come into play as well.

Do I Need Collateral When Hiring a Bondsman ?

In most cases, no. Generally, people pay the premium, and that’s it. The bail bond company bears the entire financial risk.

We have all seen people do things like put their houses up for bail. Or at least we have seen these things on TV and in movies. Generally, that’s because the bail amount is so high that the defendant must liquidate assets in order to pay the premium. 10 percent of two million dollars is a lot of money. Outside of extreme cases, like muder or extremely complex financial crimes, bail amounts are rarely that high.

What Are Some Bail Conditions?

Another question to ask is; what do I need to do after I am released on bail. Paying the insurance premium is usually not enough to keep something like a car insurance policy in force. For example, if they cause accidents, the insurance company might be able to drop them.

Once again, bail bonds are the same way. Defendants cannot just pay the premium, walk out of jail, and go on as if nothing happened. Pretrial bail bond release is a conditional release. Some of these conditions include:

Bondsmen usually have no discretion with regard to offense-specific conditions a Montgomery County judge imposes. Some examples include an ignition interlock device in a DUI and a no-contact order in an assault. If the defendant is unable to comply with the condition for whatever reason, the judge might be willing to modify the requirement.

What Happens to Bail Jumpers?

The last question to ask is, what happens if I don’t follow the rules? No one plans to cause a car wreck and no one plans to skip bail. But these things happen. Auto insurance companies often drop drivers who cause crashes, and bail bondsmen eventually send bounty hunters after bail jumpers.

These men and women are not like the Mandalorian. Most Tennessee bounty hunters do not even carry weapons. Instead, they are basically detectives. They locate bail jumpers and then let local law enforcement take care of the rest.

Note we said that bail bondsmen eventually send bounty hunters. Generally, bondsmen first reach out to defendants, tell them about the issues, and give them a chance to make things right.

Assume Derek misses a meeting. His bonding company will probably not revoke his bond straightaway. Instead, an agent might call Derek and find out what happened. If Derek has a good excuse for missing and makes his next scheduled meeting, he’ll probably be fine.

Now Assume Derek does something worse, such as pick up a new arrest case. In situations like these, the judge will probably revoke Derek’s bond. The matter is beyond the bail bond agent’s control. Nevertheless, the agent will probably reach out to Derek and advise him to turn himself in. The best case scenario would be that at that time, he might be able to obtain a new bail bond and get out of jail. If you or a loved one finds themselves in this kind of situation it’s best to reach out to your bond agent and as quickly as possible and come clean with them about what’s going on.

For more information about the bail bond process in Montgomery and Robertson Counties and a free consultation, contact Fizer Bonding Company (bail bond Clarksville, TN). They will take the time to answer your questions and provide quick and confidential bonding for you or your loved ones. 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

The post I Need a Bondsman. What Are Some Questions I Should Ask? appeared first on Fizer Bail Bonds .

What You Need to Know About Breathalyzer Tests

Sat, 07 Mar 2020 18:03:00 GMT

Increasing vehicle ownership in the 1920s and the repeal of Prohibition in 1933 contributed to a sharp uptick in drunk driving incidents. So, in 1938, an Indiana University biochemist introduced the Drunk-O-Meter . When a subject blew into a balloon, the air changed colors according to the number of ethanol particles in the subject’s breath.

The modern Breathalyzer has essentially the same mechanism. When subjects blow into tubes, ethanol particles in the breath trip a fuel cell. The higher the ethanol content, the stronger the electrochemical reaction.

Think about how much telephones, televisions, and pretty much everything else have advanced since 1938. Yet the alcohol chemical test process is basically the same. If you want to see the Super Bowl, would you rather watch it on the latest TV from Best Buy or the box your great grandfather used in the 1930s?

The bondsmen of Fizer Bonding Company (bail bonds Clarksville, TN) want to do more than just get you out of jail. They want you to be able to better understand why you were arrested in the first place (bail bond near me). When you have a better understanding of your arrest it makes it easier to fight the case.

Are Breathalyzers Completely Accurate?

Obviously not. No device is 100 percent accurate all the time. But in the case of alcohol breath tests, the flaws are not just theoretical.

Breathalyzers measure breath alcohol level. Generally, the legal standard in Tennessee is blood alcohol content. For those of you keeping score at home, that means the Breathalyzer involves an extra step. It measures breath alcohol level and uses that figure to estimate blood alcohol content.

There are some specific flaws as well. Unabsorbed alcohol is a good example. Typically, alcohol travels from the mouth to the stomach to the liver to the bloodstream. That’s why many people do not feel impaired unless they have been drinking at least an hour. Therefore, if the subject has been drinking within the last hour, the undigested alcohol has not yet reached the blood. So, the Breathalyzer’s BAC estimate can be artificially high.

Calibration could be an issue as well. In Tennessee, the air temperature often changes quickly, especially at certains times of the year. If a Breathalyzer has not been calibrated to correspond with the current temperature, the BAC estimate could be off.

During DUI trials, many Montgomery County defense attorneys partner with chemists or chemistry students who can better explain all these technical variations to the jurors.

Should I Refuse a Breathalyzer Test ?

Like most other jurisdictions, Tennessee is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples upon law enforcement demand. However, police cannot force people to blow into tubes. So, technically you still have the right to refuse a breath test.

There is a vigorous debate as to whether refusal is a good idea or a bad idea. There are decent arguments on both sides.

Some people, including many attorneys, say that you should always take a breath test. If you fall into a hole, the first thing to do is stop digging. And, given the consequences listed below, people who refuse Breathalyzer tests are simply digging their holes deeper.

However, most attorneys may be inclined to advise people to refuse breath tests, unless they have not had a drop of alcohol. The conviction rate in test cases is significantly higher than the conviction rate in non-test cases. In other words, people who take breath tests are essentially giving the state the evidence necessary to convict them. Prosecutors do not need your help to convict you. They are perfectly capable of doing that on their own.

What Are Some Refusal Consequences?

Unlike neighboring Kentucky and Virginia, Tennessee does not have a refusal-to-submit law. So, Montgomery County drivers who refuse breath tests do not face additional criminal penalties. However, they do face administrative penalties, as follows:

Additionally, the breathalyzer test chart might also affect the length of revocation. The higher the BAC level, the stiffer the penalty.

That’s the bad news. The good news is that the revocation period only goes into effect if the state establishes probable cause for the request. Additionally, a limited drivers’ license might be available for the revocation period.

After the revocation period ends, the defendant’s drivers’ license does not automatically become active again. At a minimum, defendants must pay a reinstatement fee and provide proof of insurance. Additional steps might be required as well, such as retaking the driving test.

What is an Alcohol Blood Test ?

Blood tests are much more accurate than breath tests. Blood tests do not have any of the aforementioned breathalyzer flaws. As a result, in many jurisdictions, the blood test conviction rate is close to 100 percent.

Generally, officers take defendants to hospitals or clinics where a technician extracts a blood sample. Another technician then analyzes the sample. You probably know how this works. Most of us have had blood tests before.

Even though they are more accurate and the conviction rate is higher, officers rarely administer blood tests. In 2016’s Birchfield v. North Dakota , the Supreme Court ruled that officers must obtain search warrants before they extract blood samples. Officers rarely take that step, except during designated “no-refusal” periods.

Is There a Breathalyzer Test for Weed ?

Not at the moment, but it’s probably coming soon to a squad car near you. In September 2019, scientists from the University of Pittsburgh unveiled such a device. Instead of measuring ethanol particles, it measures the amount of delta-9-tetrahydrocannabinol (THC) in the subject’s breath. Other than that, it’s basically an alcohol Breathalyzer. The THC breath test may hit the streets sometime in 2020.

In terms of the effect on the brain, weed is a lot different from alcohol. As mentioned, alcohol intoxication builds slowly over time. But marijuana is different. For the most part, users are extremely intoxicated after just a few hits. Then, the effects quickly dissipate. As a result, the generally-accepted marijuana impairment level, which is five nanograms, is probably too low. But that’s the subject of another blog.

You can count on Fizer Bonding Company (bail bonds Clarksville TN) to get you out of jail following a DUI arrest. They have been providing bonding services for 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

The post What You Need to Know About Breathalyzer Tests appeared first on Fizer Bail Bonds .

How a DUI Affects Your Car Insurance

Wed, 12 Feb 2020 04:36:00 GMT

The post How a DUI Affects Your Car Insurance appeared first on Fizer Bail Bonds .

Can the Police Search My Car in Tennessee? What Are My Rights?

Tue, 04 Feb 2020 17:45:00 GMT

Contrary to popular myth, officers do not need probable cause at traffic stops. Typically, officers only need reasonable suspicion to detain motorists. This standard of evidence is lower than probable cause. In fact, reasonable suspicion is basically an evidence-based hunch.

Police must have reasonable suspicion to stop your car, and they must generally have probable cause to search your car or arrest you. That’s probably where the confusion comes in.

In most automobile search and seizure cases, the reasonable suspicion rule is not relevant. Typically, officers pull people over for traffic violations. This infraction could be a moving violation, like speeding, or a non-moving violation, like an expired inspection sticker or, the ever popular, a license plate frame which partially obscures the number.

So, officers must have at least reasonable suspicion to stop your car. But, they do not necessarily need probable cause to search it. If your situation fits any of the following search warrant exceptions, you will probably need to partner with Fizer Bonding Company (bail bonds Clarksville tn). Officers usually do not need search warrants, or even probable cause, in these situations.

Can Police Search Your Car?

Owners or apparent owners can consent to vehicle searches. An apparent owner is someone like a driver who does not technically own the car.

Consent is an affirmative act. Opening the door or rolling down the window is not effective consent to search. If officers order you to step out of the car, you do so, and they start searching your car, that’s not consent either. At best, these situations involve assent , which is different.

Furthermore, consent is a voluntary act. Sometimes an officer is said to have acted like a bully and bullied the owners into consenting. They could say something like, “If you don’t consent, we’ll arrest you.” Arguably, any consent given by the driver is involuntary at this point, as you might be a little scared if this were to happen to you.

Legally, consenting parties have the power to withdraw that consent at any time. But these withdrawals are difficult to prove in court.

Can Police Search a Parked Car?

The exigent circumstances exception often applies in these cases. If officers see a parked car that is impeding traffic or in some jeopardy, like a car parked near a cliff, officers may approach the car and search it to make sure everyone inside is okay.

This exception also applies in many property searches. For example, officers could arrive on the scene because of a gas leak or a disturbance call.

The exigent circumstances exception is limited. Officers cannot look into every nook and cranny. A quick, security sweep is legal, but anything beyond that is arguably illegal. Sometimes you will read about a court that allowed officers to be, how should we put this, creative in these situations. A manufactured crisis could be just as good as a real crisis, for search and seizure purposes. I know we are getting into a gray area here and any crisis, real or manufactured is a serious situation. This is where it is best to have law enforcement in place because they are there to protect the public at large and we are fortunate in our country to have good, protective, law enforcement officers.

During these searches, police may seize any drugs or other contraband which they see in plain view.

Can Police Search Your Trunk?

In these situations, the aforementioned consent exception often applies. Consent to search a vehicle usually includes consent to search the trunk. If there is a backpack or other container in the trunk, officers must secure the backpack owner’s consent before they open it.

The automobile exception sometimes applies to trunk searches as well. If officers have probable cause to believe there is evidence of a crime in a trunk, they do not need a warrant.

This limited exception also applies to boats, airplanes, and all other motor vehicles. It’s limited, in part, because officers must look in likely places. If they have probable cause to search for illegal weapons, they cannot look under the hood.

Can Police Search Your Car on Private Property?

The aforementioned automobile consent discussion applies here. The exigent circumstances exception might apply as well.

On a related note, DUI charges only hold up in court if the offense occurred in a public place. Apartment complexes and shopping mall parking lots are not public places. The area in front of a private dwelling is in a grey area. Evidence issues like this one are relevant to Fizer Bonding Company because they may come into play if there is a (bail bond near me) bail reduction hearing.

Can Police Search Your Car if You Have a Suspended License?

An exception called “search incident to arrest” used to apply in these situations. Officers could “arrest” motorists for trivial infractions, such as speeding or driving on a suspended license, and then almost literally tear their cars apart looking for contraband.

But in a 2009 case called Arizona v. Gant , the Supreme Court limited these searches to weapons pat-downs. More on this concept below.

So, if you are arrested for driving on a suspended license or anything else, police usually cannot search your car unless another exception, like consent or the automobile exception, applies.

Can Police Search Your Purse or Pockets?

The aforementioned reasonable suspicion rule also applies in these situations. If officers have an evidence-based hunch that the suspect has a weapon, officers may order the defendant to assume the leg spread/open arm “search position”. Officer may then pat the suspect’s purse and pockets looking for weapons. However, they may not open your purse, unless the owner consents or another exception applies.

This rule comes from 1968’s Terry v. Ohio . The Supreme Court has diluted the reasonable suspicion doctrine in some recent cases, most notably 2016’s Utah v. Strieff . However, the rule itself remains in effect.

Here’s how this exception works. Since Tennessee has a concealed weapons law, it’s reasonable to assume that anyone might be carrying a gun. If the suspect appears anxious or nervous, that’s probably enough to justify a weapons pat-down. If officers feel drugs or other contraband during the pat-down, they may seize the substance.

For more information about getting a bail bond arising from a police stop, contact Fizer Bonding Company, (bail bonds clarksville tn). Fizer Bonding Company is family-owned and 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

**Disclaimer**

The post Can the Police Search My Car in Tennessee? What Are My Rights? appeared first on Fizer Bail Bonds .

What Happens if I Get Arrested While I’m Out on Bond in Robertson County?

Tue, 04 Feb 2020 17:38:00 GMT

Patty Hearst, who is probably an authority on this subject, once said that “ trouble is easy to find if you go looking for it.”

In some cases, criminal activity is a one-time deal. A person is in the wrong place at the wrong time or gives into temptation just this once. But much more often, crime is cyclical. That’s especially true of misdemeanors, like assault and DUI.

Frequently, people who commit these crimes have underlying issues, such as a bad temper or a substance abuse problem. Until they address these issues, they will continue to get arrested for roughly the same offense. This cycle of criminal activity means that these individuals often catch new charges while they’re out on bond.

Troubled heiress Patty Hearst pulled herself together, and so can you. In the meantime, regardless of your situation, Fizer Bonding Company (bail bond near me) is there to help you with all of your bonding needs.

Rules When You’re Out on Bond

The Tennessee Code of Criminal Procedure authorizes judges to set bail conditions. Generally, these rules include some common conditions which apply to everyone, such as:

Frequently, the judge also imposes offense-specific conditions. Assaults might include a restraining order or no-contact order. DUIs might include an Ignition Interlock Device requirement.

Just like the nature of the offense affects bail amount, the nature of any new offense affects bail status. If the defendant commits the same type of offense again, the judge often revokes bail. If the defendant commits a different type of offense, many judges only modify bail conditions.

Any violation of any bail condition could trigger these same penalties. Technically, travelling out of town to visit your brother is just as bad as being out on bail and catching a new charge.

What You Should Do if the Police Stop You

There is an old saying that if you dig yourself into a hole, the first thing to do is stop digging. So, do not lie to officers when they ask you about any current charges. At the same time, it’s also important to be smart. Frequently, a current charge is a bit like having a big bulls-eye target on your back. If officers know from the start that you have been in trouble before, they look at things differently.

It’s usually a good idea to assert your right to remain silent . The Fifth Amendment also gives people the right to refuse to perform tests, like field sobriety tests.

This freedom is not unlimited though. People must still comply with identification requests, like “license and registration please.” People must also comply with basic commands, like “step out of the car.”

Generally, officers always arrest people who assert their Fifth Amendment rights. But that was probably going to happen anyway if you are breaking the law. So if you continue to assert your Constitutional rights and remain silent, best to immediately reach out to the Clarksville, TN bail bonds office of Fizer Bonding Company or the company that originally wrote your bond.

Additional Conditions

The consequences of a new offense, or any other rule-breaking, were mentioned above. Let’s talk a little more about modification of conditions and bail revocation.

Bail is not a means of punishment. It’s designed to guarantee the defendant’s appearance at trial and protect the public. A new offense usually does not impact future appearance at trial. If anything, it helps guarantee appearance. Statistically, people who have been through the system multiple times are more likely to show up at trial.

However, a new offense directly impacts public safety. That’s why judges sometimes overlook minor infractions, but almost never overlook this one.

Electronic monitoring is a good example of a stiff condition. These defendants are basically under house arrest. If they go anywhere other than work, school, home, or another designated place, a GPS monitor alerts law enforcement. Electronic monitoring protects the public, and the state incurs no financial burden. The county pays for incarceration, and individuals pay for electronic monitoring.

Can You Post Bail Twice ?

Sometimes, the judge does not want to fuss with heightened conditions. It’s easier to simply revoke bond. Revocation almost always happens if defendants do not tell their side of the story to the judge.

Generally, when judges revoke bond, they require that any new bond be a cash bond. So, you can post a bond twice. However, it might not be the same kind of bond.

A bail bond is a surety agreement. Defendants pay about a 10 percent premium, and the bonding company, which is basically an insurance company, arranges the defendant’s release. Cash bonds are basically security deposits. If you do not trash your apartment, you get the security deposit back, or at least most of it. If you show up for trial and comply with other conditions, you get the cash bond back.

For more information about Robertson County jail release, contact a Fizer Bonding Company (bail bond near me). Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail ! We are family-owned and 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

**Disclaimer**

The post What Happens if I Get Arrested While I’m Out on Bond in Robertson County? appeared first on Fizer Bail Bonds .

When Do Arrest Warrants Expire?

Tue, 07 Jan 2020 02:29:00 GMT

Ignore it and it will go away. Sometimes, this saying is accurate. Negative credit information is a good example. Eventually, most negative information, even bankruptcies, falls off credit reports.

However, as a general rule, ignoring problems and hoping they will go away is a very poor way to go through life. Usually, the opposite is true. The longer you put things off, the more daunting the problems become. Old arrest warrants are a good example. Frequently, a phone call to Fizer Bonding Company (bail bonds clarksville tn) has a very good chance of taking care of an old warrant. But if the warrant remains active, it can often rear its ugly heads at the worst possible time.

This issue come up quite a bit. In many large cities, as many as one in seven people have outstanding warrants.

Types of Arrest Warrants

Most arrests are warrantless arrests. If police officers have probable cause, they do not need warrants. Sometimes, they file warrants later, but they have already been served. Other types of warrants, however, are not served right away. These are the ones that perpetually remain in law enforcement databases.

Judges sometimes authorize arrest warrants following lengthy investigations. That’s especially common in serious crimes like interstate drug or sex trafficking. But statistically speaking, there are only a few of these warrants.

Many outstanding warrants are bench warrants. This is the most common type of warrant and will not just “go away”. Judges issue these warrants if the person refuses to comply with a court order. Some examples include:

Fortunately, Bench warrants are the easiest types of warrants to take care of. Most judges give people a few days to comply before they issue warrants. For example, if Jamie misses a payment deadline on Monday, if she pays on Tuesday, there may not be a warrant at all.

Most other outstanding warrants are probation violation warrants. In most jurisdictions, there are basically two types of probation violations:

All these warrants are multi-jurisdictional. Most importantly to know is that any peace officer can arrest anyone for any kind of active warrant.

Can a Warrant Expire ?

In a word, NO. Most crimes, except murder and some types of sexual assault, have statutes of limitations. After a few years, the state can no longer prosecute individuals for crimes they committed in the past.

So, it’s little wonder that many people think arrest warrants are the same. But there is only one thing that cancels an arrest warrant, and you guessed it, that thing is the person’s arrest. It is not too unusual for the aforementioned warrants, especially bench warrants and probation violation warrants, to remain active for months, years, or even decades.

In almost all cases, “John Law” (aka- police officers and the judicial system) eventually catches up with fugitives from justice. Frequently, with regard to arrest warrants, “John Law” simply sits and waits.

Most felony warrants are served after traffic stops . Even the most diligent drivers cannot travel more than a few miles without breaking at least one traffic law. Some common ones include:

These infractions need not be egregious. Courts have upheld traffic stops if the defendant was only travelling one or two mph over the limit.

During the stop, the officer runs the driver’s plate number and license number. If a warrant pops up, even if it is from another state, out come the handcuffs. Most U.S. states, and most Canadian provinces, belong to the Drivers’ License Compact . Even the states which do not technically belong to the DLC usually share information informally. That’s especially true with regard to adverse information, like arrest warrants.

The interstate DLC also means that all arrest warrants from all jurisdictions go into a master computer. These warrants pop up if the person interfaces with the government in any way. That could mean applying for:

About the only place warrants do not pop up is at polling places. Even if the jurisdiction requires a drivers’ license or other similar ID, workers simply perform visual inspections. There is no computer check.

Dealing with Old Arrest Warrants

Voluntary surrender is usually a good way to take care of a warrant. Warrants are multi-jurisdictional, but voluntary surrender is not. Generally, you cannot turn yourself in at a Montgomery jail if you have a Robertson County warrant. Additionally, police substations usually do not process people who voluntarily surrender, unless the charge is very serious.

Most people with outstanding warrants have traffic warrants. This is why you should not just go and turn yourself in. It is best to call Fizer Bonding Company first if you think you might have an outstanding warrant in Robertson or Montgomery Counties. They can often easily verify for you if this is true. If you do indeed have a warrant, Fizer Bonding Company can help you to take care of it. Frequently, defendants do not need to check into jail or do anything else other than show up in court when the case goes back on the docket.

That option may or may not be available with regard to other bench warrants. Frequently, if the defendant misses a court date, the judge revokes the existing bond and sets a cash bond. As the name implies, the defendant must post the entire amount in cash. Talking to a bondsman first with Fizer Bonding Company can help understand the bail bond process.

For more information about outstanding arrest warrants and a FREE Bail Bond Consultation contact Fizer Bonding Company (bail bonds clarksville tn). 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

**Disclaimer**

The post When Do Arrest Warrants Expire? appeared first on Fizer Bail Bonds .

Bail vs. Bond: Some Key DIfferences Between Bail and a Bond

Tue, 31 Dec 2019 22:55:00 GMT

The high percentage of unsentenced inmates is one of the unforeseen by-products of the war on crime, the war on drugs, and the war on everything else that ails our society. In Tennessee, over 40 percent of county jail inmates are simply waiting for their court dates. They have not yet been convicted of anything and are waiting out days, weeks, and sometimes months to get their day in court.

The alarming thing is that this 40 percent mark is one of the lowest proportions in the country. In many states, including Texas and South Carolina, the figure is about twice as high. The proportion is also much higher in California, a state which has largely done away with the standardized bail bond system. But that’s the subject of another blog.

As outlined below, there are essentially three ways to get out of jail before trial in Robertson County. Two of them involve some kind of security or something that you can put up as collateral against the cost of your bail with your bail bondsman.

The basic difference between bail and bond is that bail is cash security (your real cash currency or paper money), and bond is essentially an insurance policy. Hopefully, this post can answer some general questions about this issue and Fizer Bonding Bonding Company (bail bonds clarksville tn) can take care of the details for you.

Why Jail Release is Important

Incarceration has some obvious negative effects. People who are in jail cannot spend time with their families and cannot do the other things that maintain the daily duties of their life. There are some hidden dangers as well. And, as is often the case, these hidden dangers may be worse than the apparent risks.

When the cell doors close, stress hormone production increases dramatically. Prolonged exposure to these hormones causes permanent brain injury . The longer the incarceration lasts, and we are talking about mere hours, the more stress hormones the body produces, and the higher the risk becomes.

In the short term, brain injuries cause cognitive impairment. Simply stated, people are not thinking clearly and cannot reason things out. As a result, they are more likely to accept plea bargain agreements without taking the long-term consequences into account. Remember the old saying, “never make a spur of the moment decision that will last the rest of your life”? Well, often these types of situations require you to make just such a kind of decision.

Assume “Ramon” is charged with domestic battery. In most jurisdictions, domestic battery is a minimum twelve-hour hold. As a result, when he is arraigned, he is not thinking clearly. The prosecutor offers a 10-day jail sentence, which means he will probably be out inside a week.

To get things over with, “Ramon” accepts the deal. But he does not consider the long-term consequences. Assault is a crime of moral turpitude, which could mean immigration problems down the road for “Ramon”. Furthermore, the assault goes on his record, and it will come up if he and his wife divorce and possibly cause further complications for “Ramon”.

Brain injuries have long term consequences as well. Many of these effects make it difficult or impossible to function normally at home, work, or school. Some common effects include:

These symptoms come and go. However, brain injuries themselves are always permanent. Once brain cells die, they never regenerate.

Jail Release/Own Recognizance Release (OR)

Limited (OR) release is available in many counties. If the defendant has no criminal record and is charged with a nonviolent offense, like drug possession, a review panel may approve OR release.

Essentially, this process transforms the misdemeanor arrest into a traffic ticket. The defendant promises to appear at trial, and the sheriff releases the defendant. There is little or no fee involved. Furthermore, OR release typically has fewer conditions than bail or bail bond release.

Cash Bail and Jail Release

Typically, shortly after an arrest, jail officials apply presumptive bail amounts which are set by the sheriff. These amounts usually depend on the severity of the offense and the defendant’s criminal history. So, bail is usually lower for a first-time DUI offender than a person with a criminal record charged with aggravated assault.

There is some evidence that cash bail should be lower in these situations. Defendants charged with serious offenses are more likely to stay and face trial than people facing minor offenses, and defendants who have been through the system before know what to expect. But that’s the subject of another blog.

Anyway, if the defendant posts the entire amount in cash, the sheriff releases the defendant. When the case is resolved, the defendant gets most of that money back. But if you do not have access to this amount of disposable cash on hand, Fizer Bonding Company is available to help you secure a bail bond.

Jail Release and Bail Bonds

Cost is probably the biggest bail vs. bond difference. The cash bail amount might be several hundred dollars for a misdemeanor and several thousand for a felony. For many families, several hundred dollars might as well be several million.

As mentioned, a bail bond is a lot like an insurance policy. The bond agent, who is like an insurance underwriter, reviews the facts and determines if there is a good chance the defendant will appear at trial. If the answer is “yes,” the bonding company charges about a 15 percent premium to write a surety bond.

The bonding company bears all the financial risk. If the defendant skips bail, the company must pay the entire amount. So, bail bonds usually have lots of conditions, such as:

The court may impose some offense-specific conditions as well, such as an Ignition Interlock Device in a DUI or electronic monitoring in particularly violent crimes.

If the defendant does not appear, bonding companies sometimes hire bounty hunters to track down missing defendants. These professionals are not like Boba Fett. Typically, they use computers to track defendants and then alert local law enforcement when they find them.

For more information about jail release in Robertson and Montgomery Counties, contact Fizer Bonding Company (bail bonds clarksville tn) for a FREE Bail Consultation. We are a 40 year old family owned company and offer 24/7 affordable professional bonding services. 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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The post Bail vs. Bond: Some Key DIfferences Between Bail and a Bond appeared first on Fizer Bail Bonds .

A Guide to Grand Jury Proceedings in Tennessee

Mon, 09 Dec 2019 22:38:00 GMT

The right to a grand jury, which is rooted in English common law, is guaranteed in the Fifth Amendment . However, the Supreme Court has never applied this right to state court prosecutions. So, grand juries are only guaranteed in federal crimes. At the state level, they are often limited or almost nonexistent.

The Volunteer State is different. Tennessee has an incredibly complex criminal justice system. Typically, a grand jury reviews all felony cases and most misdemeanors, unless the defendant agrees to an immediate plea bargain.

Many critics charge that a grand jury indictment is essentially a rubber stamp. Indeed, the indictment rate is about 99 percent . However, that high indictment rate may have more to do with the low burden of proof than the grand jury system.

Initial Criminal Procedure in Tennessee

Most criminal cases start in General Session Courts, which are also called First Session Courts. Technically, the defendant has several options in the General Session Court:

Notice we said the defendant “technically” has several options at this stage. If the defendant is unable to make bail and unwilling to sit in jail, the defendant basically only has one option. That’s to plead guilty and accept whatever punishment the state feels is appropriate. To maximize options at this point, defendants need to partner with Fizer Bonding Company (bail bonds clarksville tn) and get out of jail before trial.

Grand Jury Definition

A Montgomery County grand jury is usually thirteen people. That’s about the same size as a felony jury, which is twelve people. Normally, the grand jury reviews evidence to determine if there is probable cause to bring formal charges against the defendant.

There is no precise definition of “probable cause.” But it is a standard somewhere between reasonable suspicion, which is basically an officer’s evidence-based hunch, and beyond a reasonable doubt.

Assume “Nick” picked up his daughter on Friday night for a weekend visit. On Saturday night, Nick takes his daughter to the Emergency Room because of a head injury. Then officers subsequently arrest Nick and charge him with child abuse.

Based solely on those facts, Nick is probably not guilty of child abuse beyond a reasonable doubt. This is because these facts do not exclude other reasonable possibilities, like falling or a fight with another individual or even falling in the bathtub or shower.

However, there is definitely probable cause to believe that Nick might be guilty. The injury occurred while his daughter was in his care. So, if a grand jury reviewed the case, it would most likely return a “True Bill” against Nick, which means that the case goes to the next level. If the grand jury determines there was no probable cause, the body would return a “No Bill” . Don’t ask us where these crazy names come from, because we do not know.

Other grand juries investigate cases. Such investigations are especially common in complex financial crimes and large drug trafficking cases. During these investigations, the grand jury has the power to subpoena witnesses.

Apropos of nothing, there is a big difference between a grand jury witness and a grand jury defendant. If you receive a grand jury subpoena to be a witness in a case, there is usually no reason to worry. However, if you are a grand jury defendant, this changes things quite a bit and this is why so many grand jury defendants assert the Fifth Amendment right, which is the right to remain silent.

Grand Jury Indictment Phase

The normal rules of evidence do not apply in grand jury proceedings. Jurors may consider rumors and innuendos that come from the witness stand. Additionally, in most cases, jurors may conduct their own investigations. In the internet age, that frequently means “Googling” defendants and seeing what pops up.

Moreover, grand jurors only hear one side of the story in these situations. Only prosecutors may make arguments or question witnesses. In fact, defense attorneys are not even allowed in the grand jury room.

Should I Testify Before the Grand Jury?

If you are a grand jury witness, you probably have nothing to lose by testifying. The grand jury subpoena is public, but the appearance and testimony is private. So, people will know that you received a subpoena, but they will not know that you testified and will also not know what you said.

However, if you are a defendant, answering questions may be something you want to consider carefully, given the aforementioned grand jury definition. Grand jury defendants have no legal counsel for protection . Additionally, given the extremely high indictment rate, your testimony will probably not make a difference. Even the most golden-tongued defendants cannot talk their way out of an indictment.

Additionally, many defendants do not have attorneys at this point. Court-appointed lawyers are only available after the grand jury returns an indictment and the case goes to criminal court. So, defendants have no legal representation and no source of legal advice.

These are just a few reasons why it is so important to exercise your option for release on bail with Fizer Bonding Company. You can call them for a free consultation and information about the bail bond procedure in the Volunteer State, contact Clarksville, TN bail bonds office. 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

**Disclaimer**

The post A Guide to Grand Jury Proceedings in Tennessee appeared first on Fizer Bail Bonds .

Can You Get Fired for a DUI?

Thu, 14 Nov 2019 01:44:00 GMT

The post Can You Get Fired for a DUI? appeared first on Fizer Bail Bonds .

Bail Conditions in Robertson County: Some FAQs

Fri, 25 Oct 2019 00:17:00 GMT

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:

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:

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

**Disclaimer**

The post Bail Conditions in Robertson County: Some FAQs appeared first on Fizer Bail Bonds .

It’s Your Signature! Understanding Forgery Crimes in Montgomery County

Tue, 01 Oct 2019 05:42:00 GMT

From a criminal law standpoint, forgery is essentially no different from theft, vandalism, or any other type of property crime. Section 39-14-114 , the state’s primary statute in this area, sets out forgery punishment according to the value of the good or service the forger obtained.

But from other perspectives, forgery is practically a violent crime. The forger was usually in a position of trust. That’s especially true with regard to financial forgery and document forgery. The fact that the forger betrayed that trust makes the crime quite serious in the eyes of potential employers and other such individuals.

So, if you are arrested for forgery, it is very important to work with Fizer Bonding Company (bailbonds Clarksville tn) to quickly get out of jail and fight the charges. Yet many people choose to plead guilty at the arraignment and accept a brief jail term. With the time they had already served, they may get out of jail after the charges almost immediately. But that is usually a regrettable decision because a forgery conviction may haunt them for the rest of their lives.

Can You Go to Jail for Forging a Signature on a Financial Instrument?

Until the 2010s, many financial forgery cases involved personal checks. Almost anyone could swipe a check or a checkbook and:

Personal check writing is no longer as common as it was. However, many businesses still write checks for payroll, rent, and other expenses. Checks leave a clearer and easier-to-follow paper trail than electronic payments. As a result, may modern financial forgeries involve business checks, which means more money is at stake.

People who forge business checks often work at that company in a position of trust. They may be accountants, clerks, or other financial services employees. Only a few of these individuals are sophisticated Frank Abagnale-type forgers who do everything from scratch.

Apropos of nothing, isn’t it a nice touch during the movie “Catch Me If You Can” with Leonardo DiCaprio, that Frank puts the freshly-forged checks into the Bible to get them ready to present?

Back to the blog. Financial forgery is often a crime of opportunity. Since there is usually a substantial betrayal factor, the maximum financial forgery punishments are rather severe:

High-dollar financial forgery crimes usually involve several instruments. Many companies routinely pay tens of thousands of dollars a month to various suppliers. It does not take many of these checks to reach the $10,000 or $60,000 mark.

Types of Document Forgery

It is also a crime to forge or alter any official document, like a professional license or professional license application, if the actor/impersonator has the intent to obtain a financial gain.

This element is sometimes hard to prove. If Alex alters a diploma so her friends respect her more, she has probably not committed a forgery crime. However if she alters a diploma to increase her chance of landing a job, she is probably guilty of forgery. It does not matter if she got the job because of something other than the diploma. When she forged it, she intended to gain financially.

The same thing may apply with regard to forged school transcripts. If Julie breaks into the school computer and changes her grades, she may not be guilty of forgery, unless there was a financial motivation behind her hacking. But, she may be guilty of another crime.

Commonly altered real estate documents include deeds, leases, or easements (permission to use part of a property tract). Intent is usually straightforward in these matters.

Is Forging a Doctor’s Note a Crime?

Falsifying or altering a doctor’s note is usually a Section 39-14-114 infraction, if the defendant had the requisite intent.

Some people submit fraudulent doctor’s notes to their employers. Perhaps they want to get paid for a day they were absent. Other employees alter doctor’s notes. Workers’ compensation fraud is a good example. A subtle alteration, like changing the range of motion loss on an injured shoulder, could mean thousands of dollars more to the injured party upon financial settlement of the injury.

If the doctor’s note is a prescription, the forger may be charged with prescription drug fraud, which is a separate offense. Under Section 53-11-416 , it is a Class D felony (maximum twelve years in prison) to “to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.”

That’s a very broad statute. If Bill alters the number of refills on his Oxycontin prescription, even if he does not present the fake prescription to a pharmacist, he may be facing up to twelve years in prison. Ouch, that is a stiff punishment for a few pills.

Possible Defenses

As we have repeatedly mentioned, lack of intent may be a defense to forgery charges. Generally, jurors may infer intent from conduct, and prosecutors rely heavily on this legal doctrine. But the opposite is also true. Jurors may also infer lack of intent from certain actions or inactions. And, the prosecutor has the burden of proof on this point.

Additionally, forgery is a specific intent crime . The defendant must intend both the conduct (altering the document) and the result (financial gain). Aggravated assault is another example of a specific intent crime. The defendant must intend the conduct (hitting the victim) and the result (seriously injuring the victim).

Intoxicated persons may be not guilty of specific intent crimes as a matter of law. These individuals lack the capacity to form a specific intent. In layman’s terms, when you are drunk, you cannot think two steps ahead, as far as Tennessee law is concerned.

Lack of evidence, and specifically the lack of a complaining witness, is a third possible defense. Many criminal cases last several months. Over time, the complaining witnesses often lose interest in the case, especially if police caught the forger before the witness lost any money. If there is no complaining witness, a Robertson County judge may be inclined to throw the case out of court.

If you or a loved one has been arrested in Robertson or Montgomery counties for forgery or other criminal offenses, contact Fizer Bonding Company (bail bonds clarksville tn) for a FREE bail bond consultation. We are family owned and offer 24/7 affordable professional bonding services 24/7 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

**Disclaimer**

The post It’s Your Signature! Understanding Forgery Crimes in Montgomery County appeared first on Fizer Bail Bonds .

What is Criminal Mischief in Tennessee?

Wed, 11 Sep 2019 00:21:00 GMT

In the Volunteer State, there is no first-degree criminal mischief offense. Instead, the phrase “criminal mischief” usually refers to one of three nuisance offenses: disorderly conduct, criminal trespass, or vandalism.

These offenses are typically Class C misdemeanors, which is the lowest level criminal offense in Tennessee. Probably for that reason, many people do not think these infractions are very serious. In fact, they often overlook potential consequences and do not even work with Fizer Bonding Company (bail bonds clarksville tn) to get out of jail. Instead, they plead guilty after serving a couple of days. The judge typically sentences them to time served, the sheriff releases them, and they think that’s the end of the matter.

But these offenses have some substantial collateral consequences. Potential employers often refuse to hire people who have property crime convictions. Additionally, a conviction could affect eligibility for student aid, as well as college admission or even enlistment in the military or its various offerings.

Fortunately, there are a number of possible defenses when you work with an attorney to these three crimes. However, if the defendant is in jail before trial, it’s much harder to present these defenses in court from behind bars.

Disorderly Conduct

Section 39-17-305 of the Tennessee Code is basically a catch-all provision which encompasses a wide range of behavior that does not threaten public safety but often displeases police officers. It is a Class C misdemeanor to:

Clearly, this offense is very complex. The fighting-in-public portion of the law, along with the drunk-and-disorderly portion, usually require a civilian witness in court. Typically, by the time officers arrive, the fight is over. So, the prosecutor must produce a witness who saw the fight. The same is true of drunk-and-disorderly. A witness must testify that the defendant was so loud and obnoxious that s/he could not enjoy his/her appetizer at Chili’s or coffee at Starbucks.

Civilian witness cases give the defendant an advantage in court. After a few months or even a few weeks, many people lose interest in the case and refuse to cooperate with prosecutors. In some cases, the state could subpoena the witness, but most prosecutors find it tedious and time-consuming.

Even if the witness comes to court, the witness may be legally incompetent to testify. For example, in many cases, so much time has passed that the witness has no independent recollection of the event. It can be hard to remember details of a 10-minute event just from memory recall.

As for the filming-the-police item, a defendant could probably appeal a conviction all the way to the Supreme Court. There is currently a split in the circuits. The neighboring Eighth Circuit recently became the first appeals court to rule that people do not have a fundamental First Amendment right to film officers as they carry out their official duties. There is much debate on this subject as more and more officers are wearing body cameras and video surveillance is more accessible than ever.

Criminal Trespass

Most states have criminal trespass laws similar to Tennessee Code 39-14-405 . The Volunteer State’s criminal mischief law breaks trespassing down into three scenarios:

Nearly all criminal trespass cases are ordinary trespass matters. These arrests are only valid if the owner warned the defendant. This warning could be a verbal warning, or it could be a “no trespassing” sign.

These signs are often overly polite. For example, a restaurant may post a sign which says something like “Please finish your meal within 30 minutes.” A person with limited English proficiency or reading skills may not understand that the sign is a criminal trespass warning.

Vandalism

The final “first-degree criminal mischief” law in Robertson County is Tennessee Code 39-14-408 . This law basically prohibits non-taking thefts. It is illegal to:

The penalty depends on the value of the merchandise or property. 39-14-408 offenses have much stiffer penalties than the other criminal mischief statutes. If the property is worth up to $500, vandalism is a Class A misdemeanor. Property worth $500 to $1,000 is a Class E felony.

These cases do come up in court and unless the police department loses the physical evidence or the complaining witness refuses to cooperate in any way, a defense will be necessary. But a positive outcome is still very possible. Typically, if the defendant makes restitution, pretrial diversion is available in misdemeanor vandalism cases. If the defendant jumps through a few hoops, such as completing a community service requirement, prosecutors may dismiss or lessen the charges.

Again, early jail release is often critical to a successful outcome. So, if you were arrested for any crime, remember just pleading guilty to get it over with could greatly affect you for the rest of your life. Instead, call Fizer Bonding Company (bail bonds clarksville tn) to find out more about pre-trial release on bail. Their professional bonding agents are available 24/7 with valuable information and bail bond services to Get Your Tail Outta Jail ! Fizer Bonding Company is family-owned and 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

**Disclaimer**

The post What is Criminal Mischief in Tennessee? appeared first on Fizer Bail Bonds .

The Ultimate Guide to Petty Theft

Tue, 20 Aug 2019 01:28:00 GMT

The post The Ultimate Guide to Petty Theft appeared first on Fizer Bail Bonds .

How Long Do Criminal Records Last?

Wed, 14 Aug 2019 01:50:00 GMT

Every year, Montgomery County law enforcement officers arrest thousands of people. These arrests often have significant short-term effects, in terms of things like court supervision and fines. But even if a lawyer successfully resolves the case, criminal records often have lasting consequences. Despite what some people think, these consequences usually do not go away by themselves.

There may be some significant collateral consequences as well, especially if the conviction was a crime of moral turpitude . This category includes most all violent crimes and financial crimes. Even things like shoplifting and writing a “hot check” are CMTs. These offenses often affect immigration and employment matters, often even many years later. Furthermore, specific crimes, such as domestic violence assault, can have specific consequences in some areas, like family court proceedings.

So, it’s always a good idea to try to avoid a criminal record, if possible. But before we get to the mechanics of doing so, we should separate myth from fact.

Does Your Criminal Record Clear After 7 Years ?

Traffic ticket points often fall off a driving record after seven years. Additionally, negative information on a credit report, like charge-offs or bankruptcies, often falls off after seven years. Finally, when many private companies provide background checks for employment purposes, arrest records more than seven years old do not appear on these reports. So, it is easy to see where this myth came from.

However, even though the seven-year itch is a myth. In most cases, criminal records last forever. That includes both arrest and conviction records.

There is a similar myth regarding juvenile records. Some people believe courts automatically seal or expunge these records after the juvenile turns 18. In most cases, this myth is completely untrue as well.

As a brief side note, Fizer Bonding Company, (bail bond near me) is usually a good resource for questions like these. Although they are not lawyers, these bail bonds professionals often have considerable insight into criminal law and procedure matters and can be a good information referral source.

Informal Expungement in Tennessee

Expungement is the only way to clear a criminal record in Tennessee. Sometimes, the process is formal, as outlined below. Other times, a time-saving, but sometimes risky, informal shortcut may be available.

Pretrial diversion is the first example. It is usually available in non-violent and non-DUI misdemeanors if the defendant has no criminal record. Depending on the facts and circumstances, pretrial diversion may be available in other situations as well, including felonies.

Typically, eligible defendants go through about a three-month program. The program requirements vary greatly in different jurisdictions and for different offenses, but these requirements usually include:

If the defendant jumps through all these hoops within the time allotted, the prosecutor normally dismisses the case. That dismissal means the defendant does not have a conviction record. However, the arrest record usually remains. More on this point below.

Pretrial diversion is very popular among defendants and defense attorneys because it is basically a risk-free option. If the defendant fails to complete the program, prosecutors simply pick up where they left off. Generally, there are no lingering consequences in taking this route.

Deferred adjudication, which is sometimes called deferred disposition , is another type of informal expungement. It is often available in most misdemeanors and felonies, including many violent crimes.

While deferred adjudication and pretrial diversion may end in the same way, which is a dismissal of charges, the nuts and bolts of the mechanics of the legal process are very different. In many ways, deferred adjudication is exactly like probation. The defendant pleads guilty or no contest to the charges. Then, the defendant serves a period of court-supervised conditional release. These conditions include things like:

Typically, deferred adjudication probation also includes some offense-specific conditions. For example, DUI probation usually includes an ignition interlock requirement. IIDs are like portable Breathalyzers attached to the vehicle ignition. The vehicle will not start if the driver’s BAC level is too high.

Now, for the really risky part. If the defendant violates any condition of the probation terms, a Robertson County judge could sentence the defendant to any length of sentence time, up to the maximum amount provided by law.

As mentioned, informal expunction only erases the conviction record. At a future time down the road, if someone asks you about the arrest record, saying something like, “I hired a lawyer and the lawyer took care of it” usually satisfies the question and ends any further inquiries.

Formal Expungement in Tennessee

In 2017, The Volunteer State significantly expanded the state’s criminal record expungement laws. As a result, defendants whose cases were disposed of favorably may be entitled to record expungement. Eligible dispositions include:

If you do not qualify for expungement, you may qualify for sealing. Sealed records still exist, but only law enforcement officers, judges, and certain government agencies can view them. On job applications and other documents, people can legally say they have no conviction if the record was sealed.

If you do not qualify for sealing either, a Certificate of Rehabilitation may be an option. These documents may make it a bit easier to find a job and do some other everyday things.

Of course, as in all matters involving the law and legal representation, consult with your attorney for information regarding any specific situation or representation for you or a loved one. For more information about the bonding process, you can easily reach out to Fizer Bonding Company (bail bonds Clarksville TN).

Our compassionate and knowledgeable bonding professionals 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

**Disclaimer**

The post How Long Do Criminal Records Last? appeared first on Fizer Bail Bonds .

Am I Sober Enough to Drive?

Sat, 20 Jul 2019 03:21:00 GMT

The answer to this question is very subjective. Many people believe they are sober enough to drive even after they consume several drinks. In some cases, that may appear to be correct, depending on factors like the person’s gender, weight, and alcohol tolerance level.

But in court, this question does not matter. A better question is “Can the state prove that I was not sober enough to drive?” That’s a very complex question which has a very complex answer, as outlined below.

The stakes are high. Substance impairment (alcohol or drugs) causes almost half of the fatal vehicle collisions in Tennessee. So, police officers are very aggressive when it comes to DUIs, especially during heightened enforcement campaigns. Then, when these cases go to court, many Montgomery County prosecutors will refuse to budge on their position when it comes to negotiating a settlement.

Initial Law Enforcement Contacts

Once you see flashing lights in the rear view mirror, if officers suspect that you may have been intoxicated, an arrest is pretty much inevitable. So, no matter what happens next, you will probably need to call on Fizer Bonding Company (bail bond near me) to get you bonded out of jail.

The benefits of Fizer Bonding Company helping you get quickly out of jail are many. Immediate jail release jump-starts a successful criminal defense. If the defendant remains in jail, the presumption of innocence basically becomes a presumption of guilt. Defendants in these situations often feel pressure to take unfavorable plea deals. Furthermore, it’s impossible for people who are behind bars to participate in their own defenses in any meaningful way.

When we talk in terms of an arrest for intoxication, the process of determining what the state can prove begins at the initial stop. This stop usually involves a traffic violation, a roadside checkpoint, or an informer’s tip.

Almost all law enforcement contacts feature traffic stops. The Tennessee Vehicle Code contains thousands of obscure traffic laws. Most people cannot travel more than a few miles without violating at least one rule. Any traffic violation, no matter how obscure, could serve as the legal basis to pull over a motorist.

Roadside checkpoints often pop up during the aforementioned heightened enforcement campaigns. Normally, around New Year’s Eve, Memorial Day Weekend, and other holidays associated with drinking and driving, aggressive law enforcement efforts become even more aggressive.

Officers do not need any reason to detain motorists at a checkpoint, other than their position in a line of cars. Because roadblocks give officers so much power, they must meet certain requirements, as set out by 1990’s Michigan Department of State Police v. Sitz and some other highly publicized cases.

For the most part, if officers see evidence that the motorist had been drinking, they may detain the motorist for suspicion of DUI. Sobriety, or lack thereof, is not even an issue at this point. Evidence of alcohol consumption includes bloodshot eyes, the odor of alcohol, and slurred speech.

A few other DUI stops involve informer’s tips. If the informer was another police officer, most judges presume that the information was reliable. If the tip came from an anonymous source, some judges might presume the information was unreliable. Everything else is in a grey area.

Proving Intoxication in Criminal Court

Sobriety may be irrelevant at first, but it quickly becomes very important. To establish intoxication (lack of sobriety) in criminal court, prosecutors can either use circumstantial evidence or direct evidence.

In about a fifth of cases, the driver will refuse to provide a chemical sample. Therefore, prosecutors must use circumstantial evidence and show there is already some evidence of intoxication. But the aforementioned bloodshot eyes and odor of alcohol really only establish consumption. To establish the lack of sobriety, prosecutors typically use the following three test results:

Additionally, back to the point about what the state can prove, prosecutors must establish that the defendant failed the tests because s/he was intoxicated, and not because s/he was tired, nervous, sick, injured, or clumsy.

Chemical Test Results

In Tennessee, the conviction rate in chemical test cases is about twice as high as the conviction rate in circumstantial evidence cases. That’s because, under Tennessee law, defendants who have a Blood Alcohol Content level above the legal limit are intoxicated as a matter of law.

So, we are back to the beginning in terms of sobriety. If the defendant took a chemical test, the defendant could be sober (have the normal use of his or her mental and physical faculties) yet still be intoxicated by law. In other words, it does not matter if you were “sober enough” to drive or not. You could still be convicted of DUI.

However, all hope is not lost. The Breathalyzer test is not perfect. Some known flaws inherent in this gadget include:

Blood test results are more difficult, but not impossible, to challenge. Sometimes, there are “chain of custody” issues. Typically, the blood sample starts at a clinic. Then it goes to police headquarters, a laboratory facility, back to police headquarters, and finally to the courthouse. If there is a gap in the “chain of custody”, the sample’s validity could be questionable.

For more information about a Clarksville, TN bail bond release for a DUI arrest, contact Fizer Bonding Company. Our professional bonding agents are available 24/7 every day of the year to get your tail outta jail !

We are family-owned and 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

**Disclaimer**

The post Am I Sober Enough to Drive? appeared first on Fizer Bail Bonds .

Credentials to look for in a Criminal Defense Lawyer

Tue, 02 Jul 2019 21:55:00 GMT

The criminal justice world can be confusing, frustrating, and down right scary to many of us. Finding a qualified lawyer is the best way to make sure someone is fighting on your side. If you are charged with a serious felony in Clarksville, TN and facing consequences of many years in prison, you don’t want someone “practicing” or operating outside their comfort zone on your case. You want a gifted and thoughtful lawyer that frequently handles the exact kind of criminal charge that you just have been charged with and who has a winning record.

Below are some specific things to look for when evaluating your choice in attorneys.

Education

You want a lawyer that is well educated. While the exact pedigree of law school a lawyer went to doesn’t always make the lawyer, you certainly want a lawyer who took their education seriously and has passed the appropriate bar exams. Law schools generally fall into three categories of accreditation, American Bar Association (ABA) accredited, state accredited or unaccredited. You can check the credentials of any law school online.

Respected

You also need a professional lawyer with a sensible presence who is revered within the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A respectable lawyer is respectable everywhere in the community – at church, at PTA, at the gym and in court. Your first impression of a prospective attorney is probably the same impression most everyone else has as well. If they look shabby and disorganized, they might not be the right one for you.

General Experience

You want a lawyer who has been practicing for longer than a hot minute if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined expertise means they’re going to be ready to analyze your case faster and with additional accuracy than a junior professional. Years of expertise means that they understand all the moves and the way to implement them effectively at the correct moment.

Experience with Charges like Yours

Make sure your professional has handled several cases of the kind of charges you’ve got. If you are charged with aggravated assault, for instance, you want a lawyer who has handled and tried several similar cases. A prospective attorney ought to be ready to cite many samples of jury trial results and favorable settlements with the same type of charge you are facing. There is no reason to not find a professional with an extended record of winning.

Competent skilled professionals exist in every community who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. Don’t just ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the best Clarksville or Springfield criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers to evaluate. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.

Lastly the most important factor in selecting your lawyer is that you are comfortable speaking openly and honestly with him or her. Do you feel that a working relationship can develop? A good working relationship and communication can be a vital key to the success of your case.

If you have been arrested in Clarksville, TN or simply wonder if there is a warrant out there with your name on it, call Fizer Bonding Company for 24/7 bonding services. We are family-owned and 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

**Disclaimer**

The post Credentials to look for in a Criminal Defense Lawyer appeared first on Fizer Bail Bonds .

Court Etiquette and Courtroom Terms for Dummies

Wed, 26 Jun 2019 22:35:00 GMT

When you work with your bondsman at Fizer Bonding Company (bail bond near me), the subject of courtroom demeanor usually comes up. After all, no one is born knowing this stuff, and the written rules of judicial conduct in Tennessee can be extremely vague .

In general, the rule of thumb is to treat your court date like a funeral. One big difference though between these two things is that it’s okay to cry softly at funerals, but such behavior is definitely not allowed in Montgomery County courtrooms.

Another distinction is that funerals rarely have happy endings unless of course, it is a end-of-life-celebration type of funeral (New Orleans style). But when you work with Fizer Bonding Company, (bail bonds clarksville tn) you have just given yourself the best chance for your criminal case to have a happy ending. Or, at least, the ending will not be as bad as it would have been if you were to stay in jail. Without exercising your option for pretrial release on bond, you may have unintentionally made things harder for yourself. Pretrial release keeps the presumption of innocence firmly intact. In turn, this can give your attorney the best chance to engineer a successful outcome, even in serious cases.

Coming to the Courthouse

Give yourself plenty of time. Public transportation or taking an “Uber or taxi” is usually a good idea. That way, you do not have to worry about parking. That will save you a few minutes, and a few dollars as well. The cost of parking near the courthouse is usually rather high, and parking on a street meter is usually not a good idea. There’s no telling when you’ll get a break and be able to feed the meter again.

Also, give yourself plenty of time to get through the security line. You and potentially several hundred other people all have to be in a courtroom at 9 am. Arriving late and being stressed for time, won’t make the line go any faster. You don’t want to get all impatient and start to “get an attitude” before you even get into the courtroom.

Dress like you are going to church. You do not need to wear a coat and tie, but definitely, do not wear shorts or other overly-casual attire. Try to avoid “sagging pants” and “revealing tops” and men should tuck in their shirts as the court may take it as a sign of disrespect. “Cover it up and keep it covered” is the motto here.

When You Arrive

If you already have a lawyer, wait in the hall just outside the courtroom. Talking is not allowed inside the courtroom, especially when the judge is on the bench. If your lawyer is not there at 9 am on the dot, do not panic. Most attorneys must be in several different courtrooms at once. S/he will not forget you. Just be patient and wait for them.

If you do not have a lawyer, wait inside the courtroom. Be sure your cellphone is OFF (or left in your car since many courts do not allow cell phones at all) and best not to risk putting it on vibrate where a message or alarm could still end up ringing out loud. Many judges hold lawyers in contempt of court if their phones go off accidentally. Just imagine what they will do to you.

Once inside, remember to act like you are at a funeral. Do not talk to anyone and do not play on your phone. Your full attention needs to be on what is going on around you. Respecting the judge, other officials, and the courtroom in general, will always give you the best outcome. Be present, be aware, and try to be relaxed…take a deep breath, it will be O.K.

If you have questions about how a bail bondsman can help you get out of jail in Robertson County or for tips and pointers on how to appear in court when you are out on bail call Fizer Bonding Company, your 24-hour bail bondsman. For more info about bail bonds, click here . Our family-owned company has 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 .

“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

**Disclaimer**

The post Court Etiquette and Courtroom Terms for Dummies appeared first on Fizer Bail Bonds .

Can You Refuse to Sign a Ticket?

Tue, 18 Jun 2019 00:53:00 GMT

Yes, you have the right to refuse to sign a traffic ticket. But it may not be a wise idea to forcefully assert this right because failure to sign a traffic ticket does not necessarily have the effect that some people may think it has.

When police officers pull you over, you do have rights. One of your most important rights is the right to remain silent. This also means the right not to do anything, like sign a ticket. But, this right is not unlimited. Meaning you must identify yourself and produce some documents, like a drivers’ license and proof of insurance.

Also remember, that officers expect you to acknowledge them when they have pulled you over and also carry a defending weapon at their side. If you antagonize them, the encounter could end very, very badly. So, if you refuse to sign a ticket, be respectful, even if in your opinion, the officer does not deserve respect.

Additionally, an unsigned ticket is not a get-out-of-jail-free card. The ticket is still legally valid . Your signature is just a promise to appear in court. You are not admitting or denying any facts or allegations. This is a very important point to remember if you think you are going to be smart and just pretend like the officer did not stop you and you did not get a citation simply by not signing the ticket.

One of the reasons it is a good idea to sign and accept your ticket is so you have the information you need to address the citation at your finger-tips. All of the information you need is printed on the ticket. Without the ticket, you could miss the court date that is on the ticket, or know what the payment and due date are and where to send the funds. If you miss the due date or other deadlines, the court will probably issue a bench warrant. It does not matter if you signed the ticket or not. If the court issues a warrant, you probably need to call Fizer Bonding Company (bail bonds clarksville tn).

Clearing Bench Warrants in Montgomery County

Speaking of warrants, arrest warrants, including bench warrants, have no statute of limitations. They remain active until a peace officer serves them, a judge withdraws them, or Fizer Bonding Company and their 24-hour bail bondsman lifts them.

Any peace officer can serve an arrest warrant at any time. The warrant does not have to be from that county, or even from that state. An officer can serve an arrest warrant coming from any court. If you’re arrested, you probably need to work with a Fizer Bonding Company bonding agent (bail bond near me) if you want to get out of jail quickly.

The issuing judge usually withdraws the warrant once the defendant has complied with whatever order triggered the warrant. But in the traffic ticket realm, that usually means pleading guilty and paying the entire fine; which probably will include additional fines and fees if you have a warrant. This can be a complicated situation and it’s usually a good idea to consult with a bondsman and an attorney.

Bail bondsmen routinely work with people who voluntarily surrender to avoid arrest. Be sure you’ve already made prior arrangements with Fizer Bonding Company. Otherwise, you could be waiting in the facility for a very long time.

Hiring a Lawyer for a Robertson County Traffic Ticket

If you received a non-moving violation, also known as a “fix-it ticket” for something like an expired drivers’ license, and you take care of the problem before the due date, then the court should automatically dismiss the ticket. If that does not happen, then it may be best to get the advice of a lawyer.

On the other hand, if you received a ticket for a moving violation, like speeding, the advice and representation of a lawyer may be beneficial, especially if you already have points on your license.

If you have been arrested on a traffic-related arrest in Clarksville, TN or simply wonder if there is a traffic related warrant out there with your name on it, call Fizer Bonding Company for 24/7 bonding services. We are family-owned and 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

**Disclaimer**

The post Can You Refuse to Sign a Ticket? appeared first on Fizer Bail Bonds .

Can You Be Arrested in a Church?

Wed, 29 May 2019 00:21:00 GMT

In many ways, church is an escape from this world. But using the church as a sanctuary from the law is not one of those ways. A church is not like a foreign embassy. Montgomery County peace officers still have authority in local churches. This might come as a shock to some people if you had illusions that not only can the church save your soul but it can also save you from the law. You might be right on the first assumption but you are most definitely be wrong on the second.

As a matter of fact, police officers do not even need warrants to enter churches, in some situations. The hot pursuit exception allows an officer to enter churches, homes, businesses, and other buildings if they are chasing a criminal suspect.

In the pre-Christian era ancient Greeks and Romans recognized temples and altars as a space of religious sanctuary to be observed as places of fair treatment. For the most part, everyone was supposed to be free to safely pray and worship without discrimination or prejudice. Later in Europe, the concept of religious sanctuary took place in churches and their surrounding landscape. Often the surrounding perimeter of the church was considered a space of sanctuary.

Imagine the children’s game of “ Mother May I ”… where you ask “ Mother May I ” to be granted permission to take a number of steps forward. The people chasing someone would have to ask the church “ Mother May I ” and the church would be able to say, “no, you have to stay 100 feet away and you may not cross onto this side of the grass”.

People could utilize these spaces for protection and safe refuge. Toward the 16th century the power of “the church” waned and so did the practice of safe sanctuary. Pretty much if someone was after you they could bust in through the doors and take you to your awaiting punishment.

When the police are after you, however you try to evade them, they will almost certainly catch up to you eventually. Soon after this point, in Montgomery and Robertson Counties, it’s time to contact Fizer Bonding Company (bail bond near me) and begin the jail release process.

Pre-Arraignment Jail Release

In Robertson County, as in most other jurisdictions, there are three ways to get out of jail before seeing a judge.

Limited pretrial release may be available. If the defendant is charged with a nonviolent offense, like passing a bad check, and has no criminal record, a review board may authorize OR (Own Recognizance) release.

But that description does not fit the variety of reasons one becomes a jail inmate. Furthermore, the pretrial release review board is in no hurry. It may be several days or weeks before they look at the case.

Posting the entire bond amount in cash is another option. That bond amount is usually about $1500 for a misdemeanor and $3000 for most felonies. When the case is over, the person who posted that bond gets most of it back.

Most people do not have a couple of thousand dollars just lying around. $2000 might as well be $2,000,000.

Working with a bonding agent from Fizer Bonding Company bonds results in the fewest question marks. For about a 10 percent premium, your bondsman writes a security bond that immediately releases you or a loved one.

There are other positives as well. For example, your bail bondsman is a good resource person. Most people have lots of questions about the criminal justice process in Clarksville, Tennessee and your bonding company agent offers reliable answers and can point you in the right direction after your release.

24 Hour Bail Bondsmen and Post-Arraignment Release

Most defendants see a judge or magistrate within two days after arrest. At the arraignment, the judge reads the charges against the defendant and also reconsiders bail.

The presumptive amount usually just takes into account the severity of the offense and the defendant’s criminal record. At the arraignment, the judge may consider other factors as well, such as the defendant’s connection to the community and the defendant’s risk of flight. If the judge reduces bond, your Fizer Bonding Company bondsman will have an even easier time securing your release.

Since the U.S. has never recognized religious sanctuary into state or federal law, you can count on Fizer Bonding Company, family owned and with over 30 years of bonding experience, to secure a prompt jail release when needed. If you have more questions about how bail bonds work, see our webpage Fizer Bonding Company is a member of the Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post Can You Be Arrested in a Church? appeared first on Fizer Bail Bonds .

Does Contempt of Court Go On Your Record?

Wed, 29 May 2019 00:15:00 GMT

Generally, contempt of court does not go on your record. However, the actual result usually depends on your reaction or how you deal with the charge. Most recently, even a high profile person like Elon Musk has had to deal with Contempt of Court charges.

Civil contempt is usually disobeying a court order, like refusing to pay child support. Technically, the defendant could refuse to pay child support forever, and the contempt would become permanent. But most people in Tennessee purge these contempt charges by either fully or partially complying ( e.g. the judge approves an installment payment plan).

The same is true of criminal contempt, which is usually disrupting judicial proceedings. That could be something extreme, like calling the judge a nasty name, or something rather minor, like failing to silence a cell phone. If the defendant sincerely apologizes, normally all is forgiven. But absent such an apology, the criminal contempt charge could become a permanent conviction. It always pays off to play nice and be respectful…especially in court.

In both these situations, a Fizer Bonding Company, 24-hour bail bondsman may be able to secure an immediate release, so you will have some space to work things out (bail bonds clarksville tn).

What Happens When You are in Contempt of Court ?

In civil contempt cases, the judge normally issues a bench warrant. That warrant goes into the computer, and the next time you are pulled over for anything, you will probably go to jail. Your Fizer Bonding Company bonding agent can usually clear the warrant before you get arrested. If you think that you might have an outstanding warrant let them do a FREE Bail Consultation and a warrant check for you and save yourself the time and expense of an unexpected arrest. In other cases, Fizer Bonding Company can do a surety bond after you are arrested. In all civil contempt cases, your bondsman is an excellent resource person.

Criminal contempt cases work a bit differently. If the defendant is disruptive, the judge may order the bailiff to put the defendant in the holding cell. After everyone cools off, the defendant usually apologizes or pays a small fine, and the matter goes away without a permanent conviction.

How Can a Bail Bond Near Me Help?

Pre-arrest warrant clearing usually involves a brief bookin and bookout at the county jail. Your Fizer Bonding Company bondsman can prepare all the paperwork for you in advance, so you do not have a long or unexpected wait time. Nevertheless, even if you go at a non-peak time, the process may take at least two or three hours.

After an arrest, your Fizer bondsman basically does the same thing. Most people must pay about a 10-15 percent premium for a bail bond. This premium does not just cover getting out of jail. It also pays for other bail bond services, such as answering all questions about the conditions of bond and the criminal justice process as well as be a support to you and your family if there are Conditions of Release such as that the defendant accept completion of a treatment program or any other conditions that need to be met while they are out on bail.

If you have been involved in contempt of court situation and find yourself in jail call Fizer Bonding Company. We understand that life happens and our bondsman is available in Springfield, Tennessee and throughout Robertson and Montgomery Counties 24/7. 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

**Disclaimer**

The post Does Contempt of Court Go On Your Record? appeared first on Fizer Bail Bonds .

Top Seven Dumb Laws in Tennessee

Sun, 26 May 2019 03:22:00 GMT

The Volunteer State has been in the Union since 1796 (well, except for the secession years). Over the last 225 years, a lot of weird laws have found their way onto the Tennessee books. However, people still can and do get arrested for violating some of these dumb laws in Tennessee. If that happens to you, however strange or normal the law is, get in touch with your Fizer Bonding Company (bail bonds Clarksville TN) bondsman in Montgomery and Robertson Counties.

Skunk Importation

It is illegal to carry a foreign skunk into Tennessee. Apparently, someone thought that these animals would disrupt the ecosystem or maybe they did not want the competition to the local species due to ages ago pelt hunting? Either that, or they just did not like the way they smelled.

Selling Hollow Logs

It is also illegal to sell a hollow log. Honestly, we aren’t sure about this dumb laws in Tennessee. Perhaps some unscrupulous shysters were trying to sell hollow logs to good people while passing them off as whole logs. That’s just downright wrong.

Excessively High Estrogen Levels

It is illegal for more than eight women to live in the same house. Such dwellings are considered brothels in some areas. Law enforcement still uses tactics like this one to identify drug houses. Of course, genetic testing is available these days to verify familial relations so you don’t need to be worried about large families being stormed in upon by the police just because there are 9 girls in the family. So, whether there are too many unrelated female roommates or too much unusual foot traffic going on, you may need Fizer Bonding Company if this is a problem in Clarksville, Tennesse.

Aggressive Female Dating

If you are an independent woman, you may not want to drive around the town of Oneida with your window down and be calling out to the gentlemen here. In this community, it’s technically illegal for women to call men and ask them for dates. Once again, this dumb laws in Tennessee is probably an outdated prostitution thing or else the women there were just very jealous.

Whale Hunting

It is normally illegal in most states to hunt from a moving vehicle. But there is an exception in Tennessee. You do not need a bondsman if you shoot at a whale from a moving vehicle. Matter of fact, you can do it all day long. We’re just not sure where you would find one in Tennessee except at SeaWorld. And you would probably most definitely get in trouble for that and need a bondman.

Lassoing a Fis h

This form of angling is illegal in Tennessee. Once again, we’re pretty much at a total loss here unless someone gets a land-based farm animal confused with a water dwelling fish.

Posting Images Online Without a Legitimate Purpose

This law is probably designed to prevent “revenge porn” and other such acts. But it’s so broadly worded that it could apply to half the videos on YouTube. The saving grace is that the image must also cause emotional distress . So, that cuts it down to about a quarter of YouTube videos…but the other three-fourths is a crap shoot for sure. Therefore, post judiciously and keep your posts benign and happy when in Tennessee.

If you have been arrested for one of these 7 dumb laws in Tennessee or want more information about the bonding process for the Tennessee criminal justice system, contact Fizer Bonding Company in Clarksville, TN. Our family-owned company has over 40 years of bail bond experience and provide discreet and speedy 24-hour bond release services in Montgomery and Robertson Counties. For more information about how bail bonds work, see our webpage . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Top Seven Dumb Laws in Tennessee appeared first on Fizer Bail Bonds .

Can a Cosigner Be Removed from a Bail Bond?

Wed, 22 May 2019 02:01:00 GMT

Regardless of the amount, most all bail bonds require cosigners. Typically, officials impound all the money that defendants have access to when they are arrested. They also block access to bank accounts and credit cards. There may be an anomaly here and there, but most of the time a defendant will need someone’s help with securing money for the bail bondsman.

So, cosigners play an important role in the Fizer Bonding Company (bail bonds clarksville tn) bail process. They coordinate with the defendant financial details and communicate these with the bond agent. They also make sure that information necessary for the bondsman is given and essentially carry the burden of representing the needs of the defendant to the bondsman to help get them bonded out of jail.

Unless the defendant is free before trial, the bedrock presumption of innocence essentially becomes a presumption of guilt . If they remain in jail, many defendants feel pressure to take unfavorable plea deals just to “get it over with.” Additionally, people who are behind bars cannot participate in their own defenses in any meaningful way.

A Fizer Bonding Company 24-hour bail bondsman changes that dynamic. People who are free before trial have more legal options and can take their time to find a lawyer and help their lawyers prepare for their defense by being available whenever needed. Moreover, they can obviously earn money at work while they spend time with family and friends and take care of their obligations. These abilities that only freedom can make happen, make even the bleakest situations a little brighter.

Bail Bond Cosigner Requirements

A bail bond is usually both a cash and credit arrangement. The cosigner must pay the bail bondsman their premium, which is usually only 10 or 15 percent of the bail amount. Additionally, they will make sure that the co-signer has sufficient resources to cover the entire amount, if necessary. This process may or may not involve a credit check and collateral. Most co-signers must prove that they have lived as a resident in their community and at the same address for a certain period of time.

The entire amount might become due if the defendant fails to meet any of the bail bond requirements therefore, a cosigner is usually highly invested in helping make sure that the defendant appear for their court date on the right day and time. Appearing at trial is the most important requirement. Other requirements include checking in with a bail bondsman and complying with offense-specific conditions, such as a vehicle Ignition Interlock Device in a DUI case.

What Happens After Cosigner Removal?

Rules can vary among different bonding companies, but generally with Fizer Bonding Company (bail bond near me), if a cosigner believes the defendant may not meet all the conditions, the cosigner is still responsible for the defendants debt to them. Fizer Bonding Company is committed to keeping clear and current communication with both the defendant and the co-signer. This helps prevent confusion and give the best opportunity to ensure all bail conditions are met.

If the cosigner withdraws, the bond becomes null and void. Authorities may issue an arrest warrant for the defendant to be returned to the court after a certain period of time if they cannot be found. Should the bail bond agency have to hire a private bounty hunter to find the defendant, the Indemnitor (cosigner) might have to pay this cost as well. The defendant could voluntarily surrender at a local jail, or wait to be re-arrested. Either way, the whole pretrial release process basically starts over.

Fizer Bonding Company uses their 30 years of experience to ensure Montgomery and Robertson County bail bond cosigners fully understand their responsibilities and help defendants succeed in meeting all bail conditions. A win-win situation is in everyone’s best interest. And our Hassle-Free Bail Bond Services will get everyone back to their normal routine. For more info about how bail bonds work click here . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post Can a Cosigner Be Removed from a Bail Bond? appeared first on Fizer Bail Bonds .

What Happens if You Turn Yourself In for a Warrant?

Mon, 13 May 2019 17:43:00 GMT

Millions of Americans have outstanding warrants. Typically, these warrants are for outstanding traffic violations and other minor infractions. But technically speaking, all outstanding arrest warrants can lead a person to the same jail. In general jail population, violent felons, drug dealers, and stop sign runners all share the same area.

Furthermore, arrest warrants have no statute of limitation . An active warrant today will remain active until it is served, even if that is several years or decades down the road. That is a shocking thing to realize if you are driving through a state where years ago you got a speeding ticket that was casually thrown away…and you are stopped again for going a few miles over the speed limit only to end up in handcuffs for an old speeding ticket that had turned into a bench warrant.

The best way to take care of outstanding warrants in Clarksville and the surrounding area is to work with Fizer Bonding Company (bail bond near me) and turn yourself in if necessary. That’s the only way to avoid the embarrassment of arrest, because these warrants never go away on their own. Voluntary surrender with your Fizer Bonding Company 24-hour bail bondsman is also the only way to obtain peace of mind. Otherwise, you may spend years looking in your rearview mirror for cops in the area.

The Surrender Procedure

Warrant surrender always takes place at the jail or courthouse. Your Fizer Bonding Company bondsman (bail bond clarksville tn) takes care of all the paperwork for you and lets the defendant know when to be in court.

In other more complicated situations, the defendant must be fingerprinted. So, the defendant must go to the jail or detention facility. Since your bail bondsman will probably do much of the paperwork in advance, the bookin and bookout process is an expedited one. Typically, surrendering defendants either do not have to go into the general population section or only stay there for a few minutes.

This process is usually easier at local jails. Larger county facilities may take longer. However, not all local jails accept voluntary surrenders, especially if the warrant is from another jurisdiction. Your Fizer bail bondsman is familiar with Montgomery and Robertson County procedures and can help you with knowing what to expect and how to get through the process as quickly and easily as possible.

What’s the Best Time to Turn Yourself In for a Warrant?

The time of day, or time of night, makes a difference as well. Weekend nights are usually the worst time to turn yourself in for a warrant. Most jail populations peak at about this time.

In contrast, weekday afternoons are usually the best time to surrender. The previous night’s inmates have all been processed, and the next rush has yet to arrive. Moreover, during the day, jails are usually fully staffed. They may only have skeleton staffs at night.

That being said, your Fizer Bonding Company bond agent will coordinate a surrender time with you. Whatever time you turn yourself in, be sure a friend or relative comes with you. You probably will not feel like driving home after it’s over. Your bondsman will either call ahead with the paperwork or be there with you. If you have a lawyer, and you are surrendering for a non-traffic warrant, your lawyer might be there with you as well.

If you think you might have a reason to turn yourself in and get the jail release ball rolling, call Fizer Bonding Company. We offer free bail bond consultation and over 30 years of bonding experience. Our kind-hearted, professional staff will walk you through each step of the process of turning yourself in and we will take the time to explain things to you and make sure you understand the process. If you have more questions about how bail bonds work, see our webpage Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post What Happens if You Turn Yourself In for a Warrant? appeared first on Fizer Bail Bonds .

What is an Arraignment Hearing?

Fri, 03 May 2019 15:34:00 GMT

From a technical standpoint, the arraignment signals the beginning of formal legal proceedings against the defendant. After the arraignment hearing, this legal process continues to move forward. An arraignment judge or magistrate, who is like an assistant judge, presides over the hearing, and a prosecutor represents the State of Tennessee.

From a practical standpoint, the arraignment is usually when reality sets in. The arrest is no longer a misunderstanding between you and the arresting officer or an unfortunate situation of “being in the wrong place at the wrong time”. These platitudes are long gone and you have experienced being arrested and “behind bars”. If your arrest has come become a felony case, you can expect an extra special dose of everything becoming much more real. A tough reality check is coming your way.

Procedurally, most arraignments occur via video link. The sheriff collects inmates in a room. Then, a judge or magistrate appears on a TV screen. Fortunately, friends, family, and other people can usually watch the video stream from another location. This is far less intrusive and keeps everything moving forward quickly.

What is the Purpose of an Arraignment Hearing?

Increasingly, the arraignment may be the first time the defendant learns about the charges. Contrary to popular myth, police officers do not have to tell people the charges at the arrest . The arraignment is always a defense lawyer’s first opportunity to review the information, indictment, or other charging instrument. That review usually gets the mental wheels turning for the defendant and their attorney in terms of possible defenses.

Furthermore, the defendant enters a plea at the arraignment. That plea is almost always “not guilty.” In a few special cases, however, the defendant’s lawyer may give different advice.

Additionally, the judge sets bail, based on a number of factors. The two most important factors are the severity of the offense and the defendant’s criminal history. Most studies show that people who face serious charges and have been through the arrest and criminal system before are more likely to remain for trial. But most judges do not see it that way. The worse the charged offense, and the dirtier the defendant’s background, the higher bail will probably be.

Can Fizer Bonding Company (bail bond near me) Get Me Out of Jail Before an Arraignment Hearing?

In most cases, yes. Your Fizer Bonding Company bail bondsman, at any time of the day or night (bail bonds clarksville tn) can prepare and deliver a surety bond. Not only is this good news but the best thing you can do to prepare for a good defense is to secure a pre-trial release with your bondsman.

This bond is a bit like an insurance policy. In return for getting out of jail, the defendant must pay a premium fee for the bondsman’s services, which is usually about 10 to 15 percent of the bail amount. Additionally, the defendant must comply with a number of conditions, like attending all required preliminary hearings, remaining in the county, and reporting to their Fizer Bonding Company bondsman (24-hour bail bondsman) who prepared the surety bond.

In Montgomery and Robertson County your Fizer Bonding Company bondsman can get the defendant out of jail before the arraignment because, in most cases, the sheriff sets presumptive bail amounts, such as $1,500 for a misdemeanor and $3,500 for a felony. These presumptive amounts remain in place unless and until a judge changes them.

If you need to get out of jail before or after the arraignment hearing, reach out to us now. We are family owned with over 40 years of bail bond experience and provide discreet and speedy 24-hour bond release services.

If you have more questions about how bail bonds work, see our webpage Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

The post What is an Arraignment Hearing? appeared first on Fizer Bail Bonds .

Some Initial Events In the Montgomery County Criminal Justice Process

Fri, 03 May 2019 15:30:00 GMT

Many people who go to jail in Clarksville, Tennessee have never been arrested before. These people, and their families, often have little idea about what to expect. There is a lot of fear, and there is a lot at stake.

For example, any amount of time behind bars can cause a brain injury or other related complications associated with high-stress situations. When cell doors close, stress hormone production rapidly accelerates. These hormones feed the amygdala, which is the part of the brain that regulates emotional responses. If the amygdala gets too big, it’s much harder to control anger, jealousy, fear, and other negative emotions. There are some techniques to reverse stress hormone production such as yoga and bio-feedback therapy but that discussion is for another time.

If you are the one who is arrested and most likely those who love you and live with you will have lots of questions about the criminal justice process, and as outlined below, your Fizer Bonding Company (bail bond near me) bondsman, probably has a lot of the answers. Your bondsman is a lot more than a ticket out of jail, they can also provide the side dishes and dessert to that meal.

How Do I Find Out if Criminal Charges are Filed?

When officers arrest suspects, they sometimes tell accompanying friends and family members about the charges and where the defendant will go next. But they don’t have to and often don’t do so. Therefore, friends and loved ones are often completely left in the dark about what is going on and where someone is being taken to.

Like most other counties in Tennessee, Montgomery County has an online portal with information about civil and criminal cases. This information is free and accessible to the public. But that doesn’t mean that it is easy. Also, like most other counties, this portal can be very hard to navigate to the average person. Furthermore, the site is not very robust. If too many people search at once, it’s likely to crash. Even if you get access, the information contains lots of Legalese.

A bondsman from Fizer Bonding Company (bail bonds clarksville tn) is a much better source of information. Bail bondsmen usually have better access to police and county records. Additionally, they use their experience to fill in the blanks, so to speak….and there are always blanks to fill in during this early search process. Finally, your bail bondsmen will convey necessary information to you in an easy-to-understand way. Without the help of your bondsman, you are likely to have gaps in your information and find it hard to get all your questions answered by a city or county employee.

How Long Does It Take a Prosecutor to File Charges?

Generally, prosecutors file initial charges within a few hours. The key words here are “generally” and “initial.”

Legally, prosecutors have up to a year to file misdemeanor charges, and even longer to file felony charges. Practically speaking, they cannot keep defendants in jail that long, at least in most cases, but they can dangle the threat of criminal charges before them. This game is especially common in drug cases and usually goes like this; “cooperate and we’ll drop charges…if you don’t cooperate, we’ll file charges”.

Furthermore, the initial charges are just that. They are based on the initial findings and could be based on little more than the police offense report. If a subsequent investigation reveals more evidence, which it often does, prosecutors will enhance the charges. We are getting deep into hypothetical details here, so let’s just assume its safe to say that at this point, a defendant would well into the consult with a defending attorney.

In contrast to the possibilities of how long a prosecution charge will take, a bondsman with Fizer Bonding Company (24 hour bail bondsman) gets you out of jail fast. From start to finish, the release process rarely takes more than a few hours and is the least expensive way to get out of jail.

To get a partner like that on your side, contact Fizer Bonding Company 24-7 every day of the year. To see more info about how bail bonds work click here . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**
Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Some Initial Events In the Montgomery County Criminal Justice Process appeared first on Fizer Bail Bonds .

What are the Consequences of Identity Theft?

Fri, 05 Apr 2019 23:44:00 GMT

In 2017, over 16 million businesses and individuals lost over $16 billion to identity thieves. The monetary losses only tell part of the story. Especially to older individuals who are one of the most frequent targets. Identity theft is a very unsettling experience and for some folks a very difficult thing to overcome, especially if all your money is gone and you need to start over.

Thankfully, identity theft also has severe consequences for the thieves. Tennessee has very complex identity theft laws. Additionally, violators can be prosecuted under simple theft statutes. Physically taking property is not the only way to steal it. People who use threats, deception, tricks, and other non-violent means to deprive the owner of the use of property all face severe penalties. And, regardless of the identity theft punishment, any theft is a crime of moral turpitude. These convictions may haunt you forever and also have immigration consequences.

Identity Theft Definition

Identity theft covers aspects of criminal law, civil law, and even family law. The types of identity thieves include:

Depending on the circumstances, mostly the amount of money stolen, identity theft can be a serious crime, as outlined below.

Is Identity Theft a Felony?

Tennessee has very tough theft laws. There are Class C misdemeanor and felony and Class D felony . Any theft over $500 is a felony. As mentioned, there are many different ways to steal property, including identity theft. Typically, felony bail is too high to pay in cash. So, most people charged with felonies must work with Fizer Bonding Company, Clarksville, TN bail bonds office. That’s actually a good thing, not just because you save money, but because they will get you out of jail fast.

Generally, a bail bond premium is only a small percent of the cash bail amount. Furthermore, instead of working with an impersonal sheriff who cares nothing about you, defendants who work with Fizer Bonding Company bail bondsmen, know they are working with dedicated professionals.

They patiently answer all your questions about pretrial release and the trial process. Bail bonds usually have conditions, such as remaining in the county and informing the bail bonds office of any address changes. Your agent will go over all these conditions and help you meet them. For example, many bail bond companies send text messages to remind people of upcoming court dates. Furthermore, if you are uncertain about what to expect during the criminal trial process, your experienced bail bondsman can fill in some of the blanks.

Unfortunately, Identity theft is on the rise in Tennessee https://www.kidwellsouthbeasley.com/identity-theft-on-the-rise-in-tennessee-and-throughout-the-u-s/ . If you have been arrested and need to get out of jail quickly for identity theft or for any other reason call us 24/7 every day of the year. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post What are the Consequences of Identity Theft? appeared first on Fizer Bail Bonds .

Am I allowed to Leave the State While Out on Bond?

Fri, 05 Apr 2019 23:36:00 GMT

Strictly speaking, leaving the state while out on bail is one of the biggest no-nos in the book. Fortunately, Fizer Bonding Company of Clarksville, TN bail bonds office are usually flexible on this point. If you have a good reason for leaving the state, plan ahead, and contact your bondsman, there’s a good chance you can cross the border and stay out of jail.

There are a number of reasons people may need to travel. Many must travel for work, while others may be called to travel out-of-state to visit a sick relative or some other unplanned occasion. Others have prepaid travel plans which they made many months before they were arrested and they really do not want to lose the time and money already invested.

The travel limitation is not a punishment. It’s a way of guaranteeing that the defendant will appear at trial. Unfortunately, a few people leave the state and never come back. Therefore, the bail bonds process includes this restriction as a protocol.

How Do Bail Bonds Work?

Generally, a bond is a surety. People buy savings bonds and municipal bonds because the federal, state or local government promises to pay interest. A bail bond is also a surety. People pay bail bonds premiums so they may get a friend or loved one out of jail.

Usually, people have two options to get someone out of jail. They can deposit the entire bail amount in cash with the sheriff. The sheriff usually refunds the money after the case is resolved. Or, you can go to Fizer Bonding Company in Montgomery and Robertson counties (bail bond near me) and obtain a surety bond. It has the same effect of getting you quickly out of jail but you only pay a premium for the bond which is usually only a small percentage of the full bail bond amount.

Tennessee law gives both bail bondsman and sheriffs a lot of discretion when it comes to setting the out-on-bond rules. The rules vary greatly from case to case, but some typical ones include:

Pretty much everything is negotiable. In addition, to traveling out-of-state, people might need a little more time to install IIDs or move out of their current dwellings. If you reach out to your Fizer Bonding Company bondsman before the due date of your court appointments or before there is a problem, we can usually work something out.

As a general rule, it is best to assume that you cannot leave the state of Tennessee while out on your bond and figure that you will need to negotiate that with your bondsman and not just take off and leave. You wouldn’t want your vacation to turn into a manhunt for fleeing on bond.

If you or a loved one is in jail, call Fizer Bonding Company for a quick and affordable bond release. Our professional bondsman are available in Clarksville TN and Montgomery and Robertson counties 24/7 every day of the year. We understand that bad things happen to good people and we are here to help you get out of jail fast and not hold up your release a minute longer than necessary. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS . No guarantees are made of www.fizerbailbonds.com and the use of the website, content, and any information provided is at your own risk.

The post Am I allowed to Leave the State While Out on Bond? appeared first on Fizer Bail Bonds .

Can You Bail Someone Out of Jail at Night in Robertson County?

Fri, 05 Apr 2019 23:32:00 GMT

Unfortunately, bail bonds offices keep banker’s hours and they are completely unavailable after 5 p.m. and on weekends.

Just kidding…..

Since jails never close, your Fizer Bonding Company bail bondsman is available 24 hours a day every day of the year. In both felony and misdemeanor cases, bail is usually several hundred to thousands of dollars. Fortunately, you can pay your bondsman a small percentage of the original bail amount for a bond to get you out of jail fast. A bail bondsman does not just prepare a legal surety bond that releases the defendant. Fizer Bonding Company also handles all the paperwork and answers all your questions about the conditions of bail and the criminal justice process in Montgomery and Robertson counties

How Does a Bail Bond Work?

As far as the defendant is concerned, a bail bond is basically a contract. In exchange for immediate jail release, the defendant must follow some conditions. One such condition is paying Fizer Bonding Company their premium, which is normally about 10-15% of your full bail bond amount. Tennessee law also gives Clarksville, TN bail bonds offices broad discretion to impose additional conditions, such as:

The judge often imposes additional offense-specific conditions as well. For example, DUI bail bonds often include Ignition Interlock Device requirements. IIDs disable vehicle ignitions if the driver’s BAC level is above .04 or another pre-set level. The defendant usually bears all the installation, monitoring, and other costs.

After the case is resolved, the bail bond contract is null and void. All the bail conditions disappear.

How Long After Posting Bail is an Inmate Released?

Generally, Montgomery County officials release inmates within two hours after they receive bail paperwork from Fizer Bonding Company. This is a lot better than spending days or even weeks in jail trying contacting friends and family to gather up the cash for you to pay your bail bond in full. This is why utilizing professional bonding services are necessary for most people and made convenient for you to use.

Processing times are usually faster during weekdays when staff levels are high and jail populations are relatively low. Nights and weekends, especially holiday weekends, the wait time may be a bit longer.

Sometimes, there are unavoidable delays. Domestic violence assault cases are a good example. Many times, the sheriff will not allow the defendant to return to the scene of the incident. So, the defendant must have someplace to go prior to release and verify this with authorities as well.

If you have an outstanding warrant and need to turn yourself in, it’s usually best to call Fizer Bonding to find out the best time to turn yourself in and make advance arrangements with your bail bondsman, these steps greatly reduce processing and wait times.

Remember, you are not alone when you get arrested! Fizer Bonding Company is here to help you or your loved one get out of jail in the middle of the night, the day time, lunch time, dinner time, or anytime the need calls. Our professional and compassionate bondsman are available 24/7 every day of the year to lend a listening ear to your questions and get a fast release back out on the street, call us now.

If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Can You Bail Someone Out of Jail at Night in Robertson County? appeared first on Fizer Bail Bonds .

Is Bail Money Refundable?

Fri, 05 Apr 2019 23:27:00 GMT

During colonial times, British officials sometimes threw people in jail and either refused to set bail or made sure that the bail was unaffordable. So, lawmakers added the Eighth Amendment to the Constitution. This provision stopped these abuses. It clarified that bail is security for pretrial release and not punishment for wrongdoing.

So, bail money is not just a pretrial fine. In fact, bail has very little to do with the underlying offense. It’s just a way to guarantee that the defendant will appear at trial. But what exactly happens to the money that you spend to get your loved one out of jail?

Where Does Bail Money Go?

The answer to this question depends on who you pay for jail release. Most people have two options. They can deposit the full amount of their bond in cash with the sheriff or pay a smaller fee (called a bail bond premium) (usually 10-15 percent of the bail amount) to Fizer Bonding Company (bail bond near me) for bonding services in Montgomery and Robertson Counties.

In some situations, if the bail amount is still too high, a judge may reduce it at a bail reduction hearing. At this hearing, an attorney basically argues on behalf of the defendant that there’s no reason for the defendant to stay in jail due to their inability to pay their bail amount before trial. If the judge rules in favor of this argument then there will be a reduction of some amount to help the defendant gain the ability to pay for their bond and they will obtain their pretrial release.

Much like renting an apartment requires a security deposits, bail deposits with the county usually go into an escrow fund. When renters move out, they get their security deposits back if they complied with all rental conditions. Likewise, when the defendant’s case is over, the depositor gets the bail money back less any fees.

But bail bondsmen depend on bail bond premiums for operating expenses. This money is usually their only source of revenue. Without these funds, bail bondsmen could not get people out of jail right away and could not patiently answer all questions about the criminal law process.

Do You Get Bail Money Back from a Bail Bondsman?

Security bail (when you pay the sheriff the full bail amount in cash), like an apartment security deposit, is refundable. But bail bond money or bail premium (only 10% -15% of the full bail bond amount) paid to the licensed bondsman is not refundable. This money is not just security for pretrial release. As outlined above, Fizer Bonding Company (bail bonds Clarksville TN) also provides valuable services. Your Fizer Bonding Company bondsman will get you out of jail quickly and easily with simple paperwork, easy payment of the bail premium and they will answer all of your bail related questions and remind you of your court dates, times, and locations.

You will not get the bail money back from a bondsman, but most people find this a small price to pay when it is only a fraction of the bond amount anyway. Plus, as soon as the case is over, all the bail conditions vanish. That includes both general conditions, like in-person reporting, and offense-specific conditions, like avoiding an alleged assault victim.

In terms of both time and money, your Fizer Bonding Company bondsman reduces both for you or your loved one when they need to get out of jail ASAP! For over 50 years our family-owned company has helped get people out of jail discreetly with respect and dignity. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of the Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Is Bail Money Refundable? appeared first on Fizer Bail Bonds .

Does a TN Drunk and Disorderly Arrest Go on My Record?

Tue, 19 Mar 2019 04:43:00 GMT

In most cases, a Public Intoxication ticket does not go on your record. If Montgomery and Robertson County officers take someone into custody for a 39-17-310 violation, it’s not technically a public intoxication arrest. Instead, in most cases, the police place the person into protective custody. There’s a big difference.

Nevertheless, police could still take you to jail for public intoxication, especially if there is no other available option or the defendant is out of control. Since most PI arrests occur late at night when judges are asleep and treatment facilities are closed, jail is a real possibility. If that happens to you or your loved one, you can reach out to Fizer Bonding Company (bail bond near me) 24/7 every day of the year at (615) 667-1109 or (931) 449-9351.

What Are Some Examples of Disorderly Conduct?

In Tennessee, PI is a Class C misdemeanor (maximum 30 days in jail and $50 fine). Officers can place people in protective custody if they are drunk in public and:

If police make a PI arrest, they almost always rely on that first bullet point. Officers rarely take the time to collect witness statements from annoyed bystanders.

What Happens After They Cuff Me?

In 1990, Tennessee adopted a treatment-over-punishment stance with regard to PI cases. Officers must take PI defendants before a judicial officer, which usually means magistrate, to determine if treatment is the best approach.

Many times, by the time the defendant goes before the magistrate, the defendant has sobered up sufficiently so that treatment is unnecessary. If that’s the case, the magistrate will order the defendant’s immediate release.

Other times, the defendant needs medical treatment, perhaps due to chronic AUD (Alcohol Use Disorder). If that’s the case, and the defendant agrees to obtain treatment, the magistrate will send the defendant to an alcohol treatment center. The center generally decides when to release the defendant.

In a few other cases, the defendant refuses to get the recommended treatment or the defendant has committed another crime. If that’s the case, the defendant will probably go to jail, and the defendant will probably need a Clarksville, TN bail bondsman from Fizer Bonding Company to get out. This arrest usually goes on the defendant’s permanent record.

Fizer Bonding Company provides 24/7 quick and easy access to professional bondsman who can get you out of jail quickly and easily. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Does a TN Drunk and Disorderly Arrest Go on My Record? appeared first on Fizer Bail Bonds .

Can I Drink While I’m Out on Bail?

Tue, 19 Mar 2019 04:36:00 GMT

Tennessee law gives public and private authorities (courts and Clarksville, TN bail bondsman) broad authority to place “ reasonable restrictions on the activities, movements, associations, and residences of the defendant.”

Often, when defendants post bond with the sheriff, the sheriff gives them a paper with a long list of conditions then cuts them loose without explaining anything. But a Fizer Bonding Company bondsman (bail bond near me) is different. Your bonding agent will go over all the conditions of bail, make sure you understand all the implications of your out-on-bond restrictions, and answer any questions you have. This process is especially important if English is not the defendant’s first language, and that can often be the case.

General Conditions

Whether a person has been arrested for an unpaid speeding tickets or was arrested for battery, everyone who is out on bond must abide by some generic conditions. Above all, they must report regularly and avoid any further trouble with the law, at least in most cases.

These general bail conditions may not explicitly say “no alcohol,” but they imply it. Many people make poor decisions when they drink. Furthermore, many people forget important appointments, like checking in with their bail bondsman, when they drink. Violation of any pretrial release conditions usually means bond revocation or forfeiture, so if you mess up on any of these you are subject to re-arrest at any time.

Offense-Specific Conditions

Most pretrial release agreements also contain some offense-specific conditions. These restrictions are not designed to interfere with your lifestyle. They’re designed to keep you out of trouble and keep you from unintentionally violating your bail conditions.

DUI bail bonds often contain provisions related to alcohol consumption. For example, most people out on a first DUI bail must install Ignition Interlock Devices in their vehicles. These “blow and go” gadgets are basically portable Breathalyzers which block the ignition if the driver’s BAC is above a certain level. Furthermore, the driver must provide samples while driving. If there are too many rolling refusals, the vehicle will not restart.

If the defendant is out on a subsequent DUI bail, the no-alcohol conditions are even stronger. The normal IID BAC level is .04, which is about two drinks in most cases. But a subsequent DUI IID may be set at .01. Furthermore, the defendant may have to provide random urine or other chemical tests to make sure the defendant is not drinking. DUI probation usually has similar conditions.

When you are out on bail it is best to proceed with caution if you intend to drink alcohol. Best not to drink and drive at all and keep alcohol consumption to a minimum so you can keep your wits about yourself and maintain good judgement. If you are unable to abide by either of these than maybe there is an underlying alcohol abuse problem. Additional information and support can be found here. https://pubs.niaaa.nih.gov/publications/treatment/treatment.htm.

Fizer Bonding Company provides discreet 24/7 access to a professional bondsman that can get out of jail quickly and easily. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Can I Drink While I’m Out on Bail? appeared first on Fizer Bail Bonds .

Three People to Bring Along if You Turn Yourself In

Tue, 19 Mar 2019 04:31:00 GMT

Times can be tough at county jails. The one-two punch of overcrowding and understaffing has caused major problems. Throughout the United States some jail pods hold twice as many inmates as they were designed to accommodate. Furthermore, some jails have staff turnover rates as high as 30 percent. And, job postings which once drew dozens of applicants may now only attract two or three applicants leaving the hiring selection options slim.

So, if you have a bench warrant or other matter to take care of, you need to plan ahead when you turn yourself in. The middle of the day and the middle of the night on a midweek day are usually the best times to go to the facility. Going at the right time, and having the right people with you, should expedite what can be a grueling process.

A Bail Bondsman Near Me

The bail bonds operation in Clarksville, TN runs on correct and accurate paperwork. The correct forms must be in the correct format and in the correct order, or the sheriff will not accept them. Fizer Bonding Company understands the importance of expediting your paperwork so they can arrange to have a bondsman meet you at the jail. Sometimes, the person might also be a runner. This is also ok because the bondsman just needs to present the right paperwork and call the office if any problems arise.

Your Attorney

Many times, lawyers get to move to the front of the line. If your attorney is with you, you may spend less time waiting around.

Additionally, if there are issues with your processing or treatment, your attorney is right there to document such incidents. These issues are usually not a problem, however lawyers usually put jail employees on their best behavior.

Again, most attorney’s will be more than happy to meet you at the jail, especially if you turn yourself in during normal work hours. They understand that their presence provides legal benefit to your side and this is what you are paying them for.

A Friend

First and foremost, friends and relatives provide moral support. As you wait in the waiting room, and you’ll be doing a lot of that, you can talk to your friend instead of counting ceiling tiles. Additionally, the presence of a familiar face makes an unsettling process a little easier to handle.

There are some practical reasons as well. When you book out of jail, you may not feel like driving yourself home. You may also feel like having a small getting-out-of-jail party. Just be sure the party does not get out of control. The last thing you want is another reason for an officer to be visiting you at your party.

You can contact Fizer Bonding Company 24/7 for a fast bond and jail release in Tennessee’s Montgomery and Roberson Counties. Their professional bondsman can give you a free bail bond consultation and discreetly get you out of jail without wasting time and without hassle or complications. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/. Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Three People to Bring Along if You Turn Yourself In appeared first on Fizer Bail Bonds .

Do TN Judges Control Bail Amounts?

Wed, 20 Feb 2019 02:32:00 GMT

From start to finish, Tennessee criminal court judges control every aspect of every case in every courtroom. WIth regard to bail and pretrial release, sometimes that control is indirect and sometimes it is direct.

Bail amount is the most important element in this discussion. If the defendant cannot afford bail, nothing else with regard to pretrial release makes any difference. So, essentially the judge controls bail amount. The judge also controls bail conditions , which in some cases, can be just as important as the bail amount.

How is Bail Amount Determined: Initial Bail Amount

Legally, a Montgomery or Robertson County judge does not have to hear a case for several days after ones arrest. But, most people want to get out of jail before then. So, judges set presumptive amounts largely based on:

Local sheriffs carry out the judge’s instructions and apply the presumptive amount. That amount might be $1500 for a misdemeanor and $2,500 for a lower-level felony. Presumptive conditions are often offense-specific; for example, DUI bail might involve an ignition interlock device and assault bail might involve a no-contact order.

The sheriff has no authority to raise or lower the presumptive bail amount. So, talking to the sheriff about bail amount or conditions is a waste of time and energy.

If the bail amount is too high for you to pay with the cash you have on hand, the professionals at Fizer Bonding Company (bail bond near me) are available for a free surety bond consultation. For a fraction of the bail amount, a surety bond ensures instant relief, in most cases. Your bondsman can also answer any questions you have about the process.

Direct Control: Bail Reduction Hearing

There may be special situations that require the reduction of bail. In these situations, judicial influence is much higher at a subsequent bail reduction hearing. An attorney can demand this bond reduction letter hearing if the defendant cannot afford bail or a bail bond. At the hearing, a Robertson and Montgomery County judge will consider additional factors. These additional factors include:

The bail reduction hearing also gives an attorney a chance to correct possible errors that may have occurred in the bail process. For example, bail is usually higher for serious offenses. But evidence suggests that people are more likely to appear in court if they face severe charges. So, the presumption may be wrong, at least in this case.

There is also the possibility that the prosecutor and defense attorney meet and discuss the possibility of settling the bail reduction matter out of court. That settlement could include a lower bail amount in exchange for more conditions.

If you or your loved one is in need of a bail bondsman in Clarksville, TN or the surrounding area Fizer Bonding Company provides 24/7 access to a professional bondsman that can get you discreetly out of jail quickly and easily. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Do TN Judges Control Bail Amounts? appeared first on Fizer Bail Bonds .

Can You Bail Yourself Out of Jail in Tennessee?

Wed, 06 Feb 2019 20:42:00 GMT

Technically, it’s possible to bail yourself out of jail. You must have sufficient cash on hand to pay the entire bail amount upfront.

However, most people do not have a few thousand dollars in cash in their wallets. If they do, the sheriff will most likely confiscate it as evidence. Furthermore, Tennessee has prosecutor-friendly forfeiture laws which recently earned a D-minus in a national survey. So, if the sheriff takes your cash, you might have a long wait getting it back, even if you are not convicted.

So, pretty much all those who have been arrested need cosigners or people to move money for them. In these cases, it’s usually better to work with Fizer Bonding Company (bail bond near me) when you are arrested in Montgomery and Robertson Counties. Our bondsman can write a bail bond at a fraction of the original cash bond amount. The defendant simply must promise to appear in court and abide by all bail conditions. Generally, bail conditions include things like remaining in the county and checking in periodically.

Do I Need to Bail Out?

Surprisingly, the answer to this question is “not always.” If you have no criminal record and are charged with a Class B or C misdemeanor, the judge may only sentence you to a few days in jail. So, if you have no work, family, education, or other commitments, sitting out the sentence in jail might be an alternative to getting released (although I doubt any more than 1% of the population willingly elects to do this).

But if you do elect to sit out your jail time be aware that there is a risk involved because there is no way to tell what the sentence will be. And, you will not have a defense until you talk to an attorney. There will be plenty of “jailhouse lawyers” in the holding tank with you. But taking legal advice from people who are in jail with you is like taking medical advice from the sick people in the doctor’s waiting room.

In all seriousness, depending on the amount of bail, pretty much everyone should work with a bail bondsman. People who are in jail cannot work, go to school, or spend time with their families. Furthermore, these individuals cannot participate in their own defense in any meaningful way.

How Does Bail Work in Montgomery County?

The sheriff usually sets presumptive bail amounts in criminal cases. To get out of jail right away, the defendant can either pay the entire amount of bail in cash at the jail or work with a Fizer Bonding Company bail bondsman. Our bondsman can write a surety bond for a small premium.

If the sheriff does not set bail, or the defendant cannot afford bail, an attorney can request a bond reduction hearing. At this hearing, the judge will weigh the pros and cons of bail. Then, the judge typically reduces bail to an amount the defendant can afford. Unfortunately, this will usually require more time and money on your part.

Fizer Bonding Company provides fast, professional, and confidential release out of jail in Montgomery and Robertson Counties. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Can You Bail Yourself Out of Jail in Tennessee? appeared first on Fizer Bail Bonds .

How Much is Bail for DUI in Tennessee?

Wed, 06 Feb 2019 20:06:00 GMT

The Volunteer State has some of the harshest DUI laws in the country. If police officers pull you over on suspicion for DUI, an arrest is practically inevitable. In Tennessee, even if the driver “passes” the Breathalyzer test, officers can still arrest you and Montgomery County prosecutors can still convict you.

Furthermore, DUI punishments in Tennessee are very severe. You may stay in jail for up to a year on a first-time DUI. So, sitting out the sentence is clearly not an option. Fizer Bonding Company (bail bond near me) can arrange your pretrial release for a fraction of the bail amount. Studies show that pretrial release gives defendants an advantage in court, and in these situations, defendants need all the breaks they can get.

The Amount of Bail in a Robertson County DUI

Driving under the influence is one of the most commonly-charged offenses in Tennessee. In many jurisdictions, about half the probationers in the system were arrested for DUI. So, the sheriff sets presumptive bail amounts for these offenses, in most cases. Therefore, DUI arrestees may be able to get out of jail before they see judges.

Typically, the presumptive amount is around $1,500 for a misdemeanor and $2,000 + for felony DUI. Other factors, such as aggravating circumstances (child passenger) or additional charges (open container) may affect the presumptive amount.

Bail usually includes conditions as well. For example, in DUIs, most drivers must install Ignition Interlock Devices in their vehicles. These gadgets, which some people call a “blow and go,” disable the ignition if the driver has a BAC above a certain level.

Your Fizer bondsman can usually not do anything about the conditions of release. But they can normally write a surety bond for a fraction of the bail amount. Additionally, your Fizer bail bondsman is an excellent resource person for you and your family when you do not know where else to get the information.

Adjusting Bail for DUIs

Roughly half the households in Tennessee do not have enough cash on hand to cover a $400 emergency expense. So, a $1,500 bail might as well be fifteen million dollars. If the defendant cannot make bail, sometimes an attorney will request a bail adjustment hearing.

At this hearing, the judge may consider a number of factors. But according to a landmark study , the two most important factors are:

Judges have a great deal of discretion at this hearing, so assertive representation is critical to a successful outcome.

At Fizer Bonding Company we understand the severity of a DUI arrest and work hard for your fast and professional release from jail. Our bail bond agent will work with the defendant or designated party to secure your bond release. Our bond consultation is free and we are available 24/7 365 every day of the year in Montgomery and Robertson County. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post How Much is Bail for DUI in Tennessee? appeared first on Fizer Bail Bonds .

Visiting Someone in Robertson County Jail

Thu, 24 Jan 2019 00:13:00 GMT

It is hard to visit loved ones in jail. Especially hard if you don’t know where to go, when to go and how to follow the rules. Below are important pieces of information to guide you if your loved one is in the Robertson County Jail.

In order to visit an inmate at the Robertson County Jail, you can schedule your visit online here: https://robertsoncountytn. gtlvisitme.com/app

Jail Visiting Location/Days/Hours

Robertson County Detention Center is located at 311 5th Ave, Springfield, TN 37172.

All inmates are allowed a one hour visit per week. Visitation space is limited and ALL VISITS MUST be scheduled through the visitation office or online. Visitation hours are Monday thru Friday 9:00 am to 4:00pm and Saturdays 12:00 noon to 4:00pm.

Robertson County Official Jail Visitation Phone is 615-382-6783.

Robertson County Jail Rules, Regulations, and Policies

The following rules apply to all visitors who wish to visit with an inmate at the Robertson County Jail:

Visitation Area Rules & Dress Code

Items not allowed in visitation area are

Who Cannot Visit

Generally speaking, the following apply in knowing who cannot visit inmates at Robertson County Detention Center:

Call Fizer Bonding Company (615-667-1109) for fast release from jail.

Fizer Bonding Company will help secure fast, professional, and confidential release out of jail in Montgomery and Robertson Counties, for you and your loved ones. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/ how-do-bail-bonds-work/ . Fizer Bonding Company is a member of TAPBA www.tapba.org Tennessee Association of Professional Bail Agents.

“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

**Disclaimer**

The post Visiting Someone in Robertson County Jail appeared first on Fizer Bail Bonds .

What Can A Bondsman Accept as Collateral?

Tue, 15 Jan 2019 00:08:00 GMT

In some cases, particularly serious felonies, the amount of bail is very high. So, paying the premium yourself in cash may not be an option. Fortunately, Fizer Bonding Company, serving Montgomery and Robertson County accepts various forms of collateral http://www.tcng.org/understanding-bail-bond-collateral-agreements/ .

Technically, anything of value can secure a collateral bond. If the defendant does not fulfill all bail conditions, such as checking in with their bonding company, staying out of trouble with the law, and making all required court dates, the (bail bond near me) which prepared the surety bond may take steps to repossess the collateral.

Some of the most common bail bond collateral forms are discussed below. Your Fizer Bonding Company bondsman can go over the specifics for each one with you.

Motor Vehicles

Paid-off cars, motorcycles, RVs, snowmobiles, boats, and pretty much any other motor vehicles are good collateral sources. Typically, the bail bondsman just takes temporary possession of the title, and the current owner retains all use and possession of the vehicle. Assuming the defendant fulfills all conditions, the title goes back to the owner, and the matter is fully resolved.

Precious Metals

Most people have jewelry and other such items that they rarely use or wear. Using these things for bail bond collateral is basically like pawning them. But instead of a cash loan, the bail bondsman arranges for the defendant’s release from jail. And, instead of repaying the loan, the owner simply waits for the criminal case’s resolution. Then, the surety agreement becomes null and void and you get your jewelry or family heirlooms back.

Real Estate

Property is perhaps the most flexible form of bail bond collateral. The party giving security need not even own the property. Many times, owners have a large amount of equity built up. Additionally, friends and family members can also offer real property as security. Typically, real estate is quite valuable, so these transactions are usually rather straightforward and quickly processed as collateral by your bondsman.

Investment or Savings Accounts

These things are easy to use as bail bond collateral because their value is very easy to determine. Furthermore, the owner keeps the item unless the defendant violates bail conditions. For these reasons, savings and investment accounts may be the most popular form of collateral.

Any Pawn-able Item

Computers and other electronics usually have very high pawn values. Firearms, musical instruments, and collectibles are usually pretty valuable as well. As a general rule, if a pawn shop would loan money, a bail bondsman will accept it as collateral. The collateral value may even be higher than the pawn value since in most cases, no money changes hands.

If you or your loved one needs to a quick release from jail call Fizer Bonding Company. Our professional and courteous bondsman is available 24/7 every day of the year and we offer creative solutions to get people out of jail. Fizer Bonding Company is a member of TAPBA www.tapba.org Tennessee Association of Professional Bail Agents. For more questions on how bail works, see our page on bail process .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post What Can A Bondsman Accept as Collateral? appeared first on Fizer Bail Bonds .

Visiting Someone in Montgomery County Jail

Sat, 05 Jan 2019 18:42:00 GMT

In order to visit an inmate at the Montgomery County Jail, you must first complete an application requesting permission. Applications can be filled out online here: https://mcgtn.org/sheriff/visitation-request-form

Note that you will not be approved for visitation if you are a convicted felon or have been held in the Montgomery County Jail within the last 6 months. Applications must be submitted for each person attempting to visit, including minors. Minors must be accompanied by their parents or legal guardians. The inmate must put your name(s) on their visitor list as well to get visits scheduled.

A maximum of 3 visitors can be scheduled per visit and inmates are allowed two visits per week (30 mins each visit).

Jail Visiting Location/Days/Hours

Directions to Montgomery County Jail

Visitation hours are by appointment only Wednesday & Saturday OR Thursday & Sunday. Appointment times start at 6:00 pm until 9:30 pm.

Montgomery County Official Jail Visitation Phone for scheduling appointments is 931-648-0615 ext. 13089.

Montgomery County Jail Rules, Regulations, and Policies

The following rules apply to all visitors who wish to visit with an inmate at the Montgomery County Jail:

Call Fizer Bonding Company (615-667-1109) for fast release from jail.

Fizer Bonding Company will help secure fast, professional, and confidential release out of jail in Montgomery and Robertson Counties, for you and your loved ones. If you have more questions about how bail bonds work, see our website page: https://fizerbailbonds.com/how-do-bail-bonds-work/ . Fizer Bonding Company is a member of TAPBA www.tapba.org Tennessee Association of Professional Bail Agents. For more information on how bail works, see our web page on Bail Process .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Visiting Someone in Montgomery County Jail appeared first on Fizer Bail Bonds .

What Does Released On Own Recognizance (OR) Mean?

Thu, 27 Dec 2018 20:37:00 GMT

The wheels of justice can be inclined to turn slowly in Montgomery County. The time between arrest and trial may be a year or more in many criminal cases. Sometimes, this delay can be an advantage for the defendant. The more time that passes, the harder it can be for prosecutors to assemble enough evidence to establish guilt beyond a reasonable doubt.

But a year or more is obviously a very long time to sit in jail awaiting trial. So, bail or bond is usually a much better and most chosen option. The amount of bail, at least initially, usually depends on the severity of the offense. In a few cases, own recognizance (OR) release may be available. In OR release situations, the defendant basically promises to appear in court later. It’s like signing a traffic ticket. Based on the factors set forth below, the county pretrial release agency deems the defendant to be trustworthy enough that cash or surety is unnecessary.

OR – Own Recognizance Release Factors

The factors listed in Section 40-11-115 https://law.justia.com/codes/tennessee/2010/title-40/chapter-11/part-1/40-11-115/ of the Code of Criminal Procedure are very much like the factors in determining the amount of bail. The difference is that, in the OR release context, all these factors must be green lights. There can be no red or yellow lights at all. Some prominent factors include:

If all these lights are not green, you’ll almost certainly need to contact Fizer Bonding Company (bail bonds near me) in Montgomery and Robertson County 24/7 every day of the year.

Bail Conditions in Robertson County

OR conditions and bail conditions are basically the same. Generally, the defendant must report to an agent at least once a month and stay out of trouble. Most bail bonds and OR release agreements also contain offense-specific conditions. For example, defendants charged with DUI must often install ignition interlock devices in their vehicles.

Tennessee lawmakers recently expanded the bond forfeiture laws, so it’s easier to revoke bond now than it was a few years ago. It’s important to be in contact with your Fizer Bonding Company bondsman and proactive about any issues you have that may affect your ability to fulfill your bonding agreements. Sometimes in these cases, your bail bondsman can make special accommodations to help make sure you have the resources you need to comply with bail conditions. Fizer Bonding Company is a family owned and operated bail bond company with over 30 years professional bonding experience and members of TAPBA Tennessee Association of Professional Bail Agents www.tapba.org . If you have additional questions about how bail works, see our web page on Bail Process .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post What Does Released On Own Recognizance (OR) Mean? appeared first on Fizer Bail Bonds .

Will Close Ties to the Community Reduce My Bail Amount?

Tue, 04 Dec 2018 04:53:00 GMT

In misdemeanors and most minor felonies, the Montgomery County Sheriff usually sets presumptive bail amounts within a few hours. These presumptive amounts are difficult to change. These average bail amounts take the legal factors in determining bail into account. In Tennessee, these factors are based on Title 40 of the Code of Criminal Procedure as well as the Eighth Amendment.

But serious felony cases, such as murder, high-level drug trafficking, or rape, usually have no presumptive amount. Instead, a judge sets bail at the arraignment, which is the first preliminary hearing in a criminal case. The arraignment is also the defendant’s first opportunity to reduce the bail amount and get out of jail pending trial.

Ties to the Community and Bail Amount

Bail is not a pre-sentencing fine. It’s not designed to punish the defendant for being arrested. Instead, bail is designed to guarantee the defendant’s appearance at trial. Given this purpose, ties to the community is one of the most important factors at the arraignment or a subsequent bond reduction hearing.

People with close ties to the community are less likely to flee the jurisdiction to avoid criminal prosecution. Evidence on this point includes:

Emotional Ties: These ties are nearly always with individuals. Friends and co-workers are good, especially if these relationships are longstanding ones. Relatives are even better, and dependents are best. If the defendant supports minor children or a sick parent, the defendant is very unlikely to leave suddenly.
Occupation: The same thing is true if the defendant has a job. Especially if the defendant has seniority and authority at work, the defendant is very unlikely to up and leave without notice.
Roots in the Community: This broad category includes things like membership and activity level in community or religious organizations. Property interests (i.e. does the defendant own or rent) are relevant as well.

Other relevant factors include the amount of evidence against the defendant, the severity of the charges, the defendant’s ability to flee the jurisdiction, and anything else the judge considers relevant.

The Bond Reduction Hearing

Most Robertson and Montgomery County defendants are arraigned within about eighteen or twenty-four hours. So, they may not have counsel at this hearing.

If that’s the case, the bond reduction hearing may be critical to the outcome of your arrest. A Prosecutor might be inclined to want the defendant to stay in jail because it could put the defendant at a potential disadvantage. Incarcerated defendants could be more likely to agree to less-than-favorable plea bargains just to “get it over with” and move on with their lives.

Preparation for a bond reduction hearing usually begins with working with Fizer Bonding Company (bailbonds near me) and your attorney. Fizer Bonding Company can provide your release from jail on bond in Robertson and Montgomery Counties, Tennessee so that you and your attorney are in the best position possible during a bond reduction hearing.

Certainly having close ties with your local community can show that you are probably more likely to carry out any bond requirements and show back up in court on your designated court date. Get started off on the right track and contact Fizer Bonding Company now for a fast, professional and confidential release from jail.

Fizer Bonding Company is a proud member of TAPBA Tennessee Association of Professional Bail Agents If you have additional questions about how bail works, please see our web page on Bail Process .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Will Close Ties to the Community Reduce My Bail Amount? appeared first on Fizer Bail Bonds .

Why Do I Need An Attorney?

Wed, 28 Nov 2018 21:27:00 GMT

Success in sports is usually a team effort. Football running backs are inefficient without guys to block for them, baseball pitchers are inefficient unless the defense makes plays, and so on.

Success in criminal court is much the same. It is definitely a team effort between your bondsman (bail bonds near me) and an experienced attorney. While Tennessee bail bond laws generally prohibit attorneys and bail bondsman from directly working together, they are still on the same team.

How a Bondsman Helps

Plea bargains resolve about 94 percent https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html of the criminal cases in the State of Tennessee. If the defendant is incarcerated, s/he might take the first plea deal that comes along just to get the case over with. Defendants who are free on bond have many more options. Moreover, these individuals are in a much better position to help their lawyers. Even with the excellent resources that Montgomery and Robertson County prosecutors have at hand, your attorney can appreciate the professional services of the bondsman at Fizer Bonding Company.

Generally, a bail bondsman can arrange release for a fraction of the total bail amount. Defendants who are out of jail take full advantage of the presumption of innocence. The opposite is often true if the defendant is in jail. Many jurors assume that people in jail did something wrong, regardless of what the judge says about the presumption of innocence.

How an Attorney Helps

Prosecutors in Montgomery and Robertson County, Tennessee must establish each element of the offense beyond a reasonable doubt. That’s the highest level of proof in the law. Many times, prosecutors simply do not have enough evidence. For example, police officers only need probable cause to arrest defendants. Beyond a reasonable doubt is a much, much higher standard.

Some affirmative defenses may be available as well. In certain specific intent crimes, like murder and aggravated assault, voluntary intoxication may be a defense. Self-defense may be available in these cases as well.

A good attorney is more than a tough advocate. Your lawyer is also a highly-experienced negotiator. That’s very important in plea bargain talks. Sometimes, these arrangements may involve reduced charges or a shorter sentence. For example, pleading guilty to something like reckless driving may be an option in some DUI cases. Although they are both misdemeanors, reckless driving does not have nearly as many collateral consequences as DUI.

To get your legal defense off to a good start when you have been arrested in the Tennessee 19th Judicial District (Robertson and Montgomery counties) contact Fizer Bonding Company. For over 30 years, their experienced bondsmen have been available 24/7 every day “365” of the year. If you have additional question about how bail works, please see our web page on Bail Process . Fizer Bonding Company is a proud member of TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/ .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Why Do I Need An Attorney? appeared first on Fizer Bail Bonds .

I Have a Warrant in Montgomery County Tennessee, Now What?

Tue, 20 Nov 2018 19:42:00 GMT

Most crimes have statutes of limitations. After a while, authorities may no longer pursue them. But arrest warrants have no statute of limitation https://thelawdictionary.org/ article/statute-limitations- arrest-warrants/ . Once authorities issue warrants, they stay active on the Tennessee warrant list forever. It is only a matter of time before wanted individuals roll through stop signs, try to renew their drivers’ licenses, or otherwise pop up on the radar.

Moreover, arrest warrants know no county boundaries. If in the State Of Tennessee’s, Montgomery County, issues a warrant you had better know that officers in Davidson County (or any other county) may execute it. For that matter, arrest warrants know no state boundaries either. Fortunately, Fizer Bonding Company and bail bonds near me can perform a complimentary free warrant check. Otherwise, it would take an individual many hours to do the same thing and you may not be able to do a thorough enough check on your own to know for sure if there is a warrant.

Why Do Authorities Issue Warrants?

Generally, arrest warrants pertain to some sort of noncompliance. Some authorities issue warrants quickly and others give people an opportunity to comply. A few common scenarios include:

FTA’s are especially troublesome because they are bench warrants in Tennessee. Essentially, the judge demands that authorities deliver the defendant to the courtroom. Law enforcement officers generally have no discretion in this situation and must arrest and deliver you to the authorities.

Tennessee Bail Laws

Aside from FTAs, arrest warrants are procedurally similar to site arrests. So, roughly the same rules apply. There is one big difference though. Sometimes, a bonding company can lift arrest warrants and place the case on the court’s docket. Typically, there is no need to go to jail at all, even to book in and book out. Of course, this places you in a much better situation than if you were arrested and brought to the court. That is why if you think there is any reason that there may be a warrant out for your arrest in Robertson or Montgomery Counties, it is much better to call Fizer Bonding Company and ask for their help.

TN courts usually allow both surety bonds and cash bail. Most people find it more affordable and convenient to work with a bonding company to obtain surety bonds. The bail bond premium varies, but it is usually about 10-15 percent of the fine or bail amount. For traffic tickets, the “fine amount” is the fine listed on the citation. The amount does not include any additional costs or assessments that may be associated and due payable with the fine.

In most misdemeanors, the bail amount is AT LEAST $750. The amount can be $1,500 or more for most felonies. The amount varies based on a number of factors, mostly including the severity of the offense.

Some people might consider using the cash bail option where an individual pays the entire fine or bail amount, and after the case is over, the county refunds most of the remaining balance. But most people realize it is far more affordable, faster, and convenient to use the services of a professional bondsman. A few Tennessee counties also offer limited pretrial release but this is on a case by case and county basis. Defendants only pay processing fees, but these programs have a number of restrictions and conditions.

If you think that you or a family member or loved one might have an outstanding warrant in Montgomery or Robertson County Tennessee, you need to call Fizer Bonding Company right now and take care of it before it causes major restrictive and financial problems in your life. If you have additional questions about how bail works, see our web page on Bail Process . The bondsman at Fizer Bonding Company is available 24/7 every day of the year and proud members of TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/ .

“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

The post I Have a Warrant in Montgomery County Tennessee, Now What? appeared first on Fizer Bail Bonds .

Out On Bond and F.T.A. (Failure To Appear)

Wed, 14 Nov 2018 02:14:00 GMT

Bail Revocation Issues in Montgomery and Robertson County

When people bond out of jail, they usually receive paperwork detailing the conditions of bail which always includes showing up for court dates. Failure to appear in court is a serious issue for staying out on bail. The county jurisdiction of your bond usually has some conditions, and the private bond company (Fizer Bonding Company) has some conditions as well. Any violation of those conditions could cause adverse action that puts the defendant back in jail. These actions include bond forfeiture, a bond revocation charge, or going off the bond.

Typically, county bail conditions include committing no other criminal infractions while the case is pending, remaining in the jurisdiction, and general good behavior. Most bail bonds near me require defendants to report at least once a month and keep the company apprised of their current contact information.

What Happens When a Bond is Forfeited with Fizer Bonding Company?

If the defendant fails to appear in court, the judge usually forfeits the bond. There is no hearing and the judge’s action is entirely unilateral. Failure to appear sometimes means jail time. But more often than not, the judge sets a new bail. A failure to appear bond is usually higher.

Sometimes, a judge forfeits bond for other reasons, like a subsequent arrest. But typically, if these things happen, prosecutors file motions to revoke bond.

Motion to Revoke Bond

Prosecutors rarely file these motions unless the charges are very serious, like murder. There are several grounds for a motion to revoke bond, including:

At a bond revocation hearing, the judge hears both sides. Then, the judge may keep the bail amount the same, increase it, or revoke it altogether. If the judge increases the bail amount, the defendant usually has a few days to come up with the additional money.

Going Off the Bond ( Bondsman Revocation Grounds)

When one person offers security for another person, there is an element of risk. Just like, if you co-sign a friend’s loan and your friend stops making payments on the loan, you are legally responsible for the loan amount. If a bondsman promises that a defendant will appear in court and the defendant does not do so, the bondsman faces severe consequences. The county could demand the entire cash bond amount, or the county could revoke the bondsman’s license. This is why the bondsman at Fizer Bonding Company are heavily invested in making sure that their bond clients are well aware of their bond requirements and court dates. Bondsman serve their greater community by offering support and resources to the defendants and their families who have been released on bond.

So, as mentioned, bondsmen take steps to ensure the defendant’s appearance. If the defendant does not check in, moves without telling the company, or violates any other bond condition, the bondsman could go off the bond.

For 24/7 fast jail release every day of the year with a minimum number of conditions in Montgomery and Robertson County, Tennessee, contact Fizer Bonding Company today. If you have additional questions about how bail works, see our web page on Bail Process . Fizer Bonding Company are proud members of TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/ .

“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

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Out On Bond and F.T.A. (Failure To Appear) appeared first on Fizer Bail Bonds .

TN Child Support Laws Changed & Got Me Arrested

Fri, 02 Nov 2018 17:25:00 GMT

You may have heard that the Tennessee child support collection law recently changed http://www.tba.org/journal/ modifications-to-child- support-laws-in-2017 . That’s partially true. Lawmakers made some technical amendments to things like the statute of limitations and interest rates, both of which, if they affect your current child support situation, could force the issuance of a bench warrant. But the mechanics of child support collection are largely unchanged.

Typically, the state starts with wage withholding orders and bank account garnishments. But if you are a parent without a regular job and/or bank account, you are at risk of being arrested on a bench warrant for failure to pay your child support. If either of these methods fails to facilitate the regular payment of your child support, you can find yourself very quickly in need of Fizer Bonding Company, a bail bond company near you serving Montgomery and Robertson County.

There are a couple of situations that bring about an arrest warrant. Sometimes, the custodial parent will file a motion to enforce the child support payment in family court. That could result in a warrant for nonpayment of child support, a “pay or else” order, or a bench warrant for failure to appear in court.

In other cases, the state could suspend your drivers’ license. The suspension notice will be mailed to you at the “address of record”. The address of record will trace back to the last address you gave the courts. If you have moved, you’ll probably never receive the notice. So, you could be driving with a suspended license and not even know it.

Bonding Companies and Warrants Due to Missed Court Dates

Bench warrants like these are not easy to clear up. As the name implies, a bench warrant means that you are to be arrested and brought before the judge.

Nevertheless, with the services of a well-established bonding company like Fizer Bonding Company, you may be able to work with the court and get the warrant downgraded to a standard warrant. They will work with you to make the process as fast and straightforward as possible. The end result is the same as a regular bail bond. You get out of jail and you’re able to comply with the court’s conditions on your own terms.

Generally, Fizer Bonding Company will work with you and the courts to get the warrant lifted and get the case back on the court’s docket, as outlined below.

Bonding Companies and Suspended Drivers’ Licenses

There is a presumption in Tennessee law that people who drive on suspended licenses are people who don’t really care about or pay attention to the law. This is even more evident when a person says, “I didn’t know about the suspension on my license”. Truth be told, this is usually not a valid defense. So, if you are arrested, you could be facing severe penalties.

This entire situation can be very nerve-racking. If you are behind on your child support payments, you can fly under the radar for a while. But eventually, the state will suspend your drivers’ license. In these cases, it is a good idea to ask Fizer Bonding Company for a free child support warrant check. If you have any kind of child support warrant, this search will find it. Then, you can get ahead of the problem and get the warrant lifted. Once again, you can take care of the situation on your own terms.

You don’t have to go to jail just because you owe back child support. Fizer Bonding Company is here to help you either stay out of jail or get out of jail if you have been arrested. Call Fizer Bonding Company today 24/7 every day of the year. If you have questions about how bail works, see our web page on Bail Process .

“We’ll get your tail outta jail”

Fizer Bonding Company in Montgomery County (931) 449-9351

Fizer Bonding Company in Robertson County (615) 667-1109

**Disclaimer**

The post TN Child Support Laws Changed & Got Me Arrested appeared first on Fizer Bail Bonds .

FAQs About Your Rights During an Arrest in Tennessee

Fri, 19 Oct 2018 22:59:00 GMT

Pretty much everyone who has ever seen a cop or lawyer show is at least somewhat familiar with the Miranda rights . For the most part, these shows are quite entertaining. We’re especially partial to those 1980s made-for-TV Perry Mason movies. However, even the best courtroom dramas do a poor job of elucidating Constitutional Rights https://www.aclu.org/know-your-rights/stops-and-arrests-what-do-when-encountering-law-enforcement.

Hopefully, this post can answer some common questions about your rights when you are detained in Montgomery and Roberston Counties, Tennessee . And, help you to understand that you do have substantial rights in these situations. Most importantly though, is that if you are arrested, you also have the right to seek the bonding assistance of Fizer Bonding Company to provide bail and a fast and confidential release from jail.

Do Police Officers Have to Tell You Why You Are Being Detained?

At some point during the process of “being stopped”, most arresting officers inform detainees of their charges. In 2004’s Devenpeck v. Alford , the Supreme Court said that such information was “good police practice.” However, the Justices emphasized that there is no constitutional requirement here. Even if the state or county has such a law, there is almost always a clause which states that officers can ignore the requirement if they think it’s best to do so in the given situation.

The first time defendants must be informed of the charges against them is at their arraignment. But that hearing could be as long as forty-eight hours after the arrest . That’s a long time to sit in jail without knowing why.

Can Police Detain You for No Reason?

No. Although the Supreme Court has recently watered down this requirement, officers must still have reasonable suspicion to detain a suspect. They must have specific, articulable facts which point to criminal activity. Officers may use their experience and training to interpret the facts they see.

Police can detain you for one thing and arrest you for something else. In many cases, the detention may only be a pretext. That’s especially true in DUI arrests. Many times, the officer pulls over the driver for something like an expired inspection sticker. The officer cares little about the expired sticker but cares a lot if they see potential circumstances that would bring about a potential DUI arrest, such as the smell of alcohol or slurred speech.

What Are My Rights When I’m Being Questioned by Police?

The aforementioned Miranda rights usually kick in when custodial interrogation begins. That’s the point when officers ask questions and the person does not feel free to leave.

Basically, no matter what police questioning procedures are used, you have a right to refuse to answer questions. That applies to everything except identification questions. That right also applies to physical acts, like trying on gloves to see if they fit.

Furthermore, police procedure for arresting someone requires that the officers have probable cause. Probable cause can be a cloudy and fuzzy area to define and no one is exactly sure what that standard means, but it is considerably higher than reasonable suspicion.

If you or a loved one is detained and arrested in Robertson or Montgomery County you need to call bail bonds near me, Fizer Bonding Company for a fast and confidential bonding out 24/7 every day of the year and “We’ll get your tail outta jail” .

In Montgomery County Call Fizer Bonding Company at (931) 449-9351

In Robertson County Call Fizer Bonding Company at (615) 667-1109

“We’ll get your tail outta jail!”

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS . No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post FAQs About Your Rights During an Arrest in Tennessee appeared first on Fizer Bail Bonds .

Help! I Drove on a Revoked License and Got Locked Up!

Fri, 19 Oct 2018 20:40:00 GMT

If you have driven on a revoked licensed in Montgomery or Robertson County, Tennessee and subsequently been arrested, you are definitely not alone. According to one study , as many as ten percent of the motorists in Tennessee are driving on a revoked license . Many of these people may not even know their license is suspended.

For example, you might have been one day late paying a traffic ticket or other fine payment. The court could theoretically and automatically suspend your license at that point. Or, if the state suspends your license due to child support delinquency and they send the notice to your address of record and you have moved from that address, you may never receive the notice.

A word here about “revoked” and “suspended” licenses. Many people assume that, once the suspension period ends, the state automatically reinstates their drivers’ licenses. That may or may not be true.

Penalties for Driving While License Revoked

Missing court dates or deadlines is the most common reason for license suspension in Tennessee. Implied consent DUI suspensions are probably second on the list. Many policymakers assume that only crooks drive on suspended licenses. So, per TCA 55-12-131 https://law.justia.com/codes/tennessee/2010/title-55/chapter-12/55-12-131/ , the penalties are quite severe:

Knowledge of the suspension is an element of this offense. However, the statute presumes that notice is complete once the state mails something to your address of record. It’s difficult, but not impossible, to overturn this presumption. This is just one of the reasons it is best to seek the counsel of an attorney that can provide you with consultation and representation.

Probation is a possible outcome, especially in Class B misdemeanors. However, when you are stopped by law enforcement in Robertson and Montgomery Counties there is a possibility that you will go to jail for driving with a suspended license. These jurisdictions are very hard on these kinds of offenders. If this happens to you, make sure that you or your family or loved one calls Fizer Bonding Company at the earliest time possible so that our bonding agent can get to work for you on your release bond.

Should I Call a Bail Bondsman Near Me ?

Definitely. Fizer Bonding Company is available 24/7 every day of the year to arrange for your immediate jail release for only a fraction of the cash bond amount. Otherwise, you could spend several days in jail waiting to see a judge.

Bear in mind that, once your bondsman with Fizer Bonding Company gets you out of jail, your license may still be suspended. If that’s the case, you’ll need to take care of the case straight away! Having an attorney to represent you is very important because your case could involve getting the suspension set aside or could mean obtaining a limited drivers’ license until the judge hears your case.

Remember, the first thing to do if you were arrested in Montgomery and Robertson County 19th judicial district, for driving on a revoked license, is to call Fizer Bonding Company. You have the power to make things right when the bondsman at Fizer Bonding Company because “We’ll get your tail outta jail!”

Call Fizer Bonding Company 24/7 every day of the year for fast, courteous, bonding services!

In Montgomery County Call (931) 449-9351

In Robertson County Call (615) 667-1109

“We’ll get your tail outta jail!”

**Disclaimer**

Please be advised that neither www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS . No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Help! I Drove on a Revoked License and Got Locked Up! appeared first on Fizer Bail Bonds .

I Missed My Court Date…Now What?

Thu, 11 Oct 2018 23:02:00 GMT

If you have been arrested for a civil or criminal offense in Tennessee, learn about the consequences for missing court dates .

Can I re-schedule my court date over the phone ?

Prevention is the best course of action and if you know you won’t be able to make your scheduled court appearance, contact the Court Clerk to discuss alternate dates for court. Typically, you should provide valid reasons for missing court dates and the clerk can help walk you through that process.

What happens if I missed my court date for a traffic ticket ?

If you’ve missed your court appearance for a non-criminal offense or misdemeanor, the judge may simply issue a default guilty judgment against you. This is a result of not appearing in court.

In this case, especially in traffic court, a default guilty verdict means that a letter will be mailed to the Motor Vehicle Department for suspension of your driver’s license. Reinstatement of your driver’s license cannot be completed until the citation is paid in full.

Can I pay my citation over the phone?

If you choose not to attend court and decide to pay the citation instead, a common occurrence for minor traffic violations, you can pay in person with cash, check or credit card. You can also pay citations on-line or by mail. In Montgomery and Robertson counties, you cannot pay for a citation over the phone.

FAILURE TO APPEAR IN COURT

What is a Bench Warrant for Failure to Appear in Court ?

A bench warrant may be issued by a judge when you miss a court date. It means that if you should get pulled over for another traffic violation or any kind of a background check is run, this outstanding warrant will show up on your record. Depending on the offense, you will be taken into custody to pay the outstanding citation amount, pay for other outstanding fines or detained at the county jail.

A bench warrant is the most common type of warrant issued for non-criminal or misdemeanor offenses such as traffic violations. In Tennessee, the statute of limitations for misdemeanors states https://legalbeagle.com/8390399-statute-limitations-outstanding-warrants-tennessee.html that if a bench warrant has not been served, returned or otherwise resolved within 5 years, it expires automatically and is deleted from court records.

For more serious criminal offenses, other types of warrants are issued with a longer statute of limitations for the state of Tennessee to bring formal charges against you https://www.tncourts.gov/rules/rules-criminal-procedure/4 .

BAIL BONDS NEAR ME (Serving Montgomery and Robertson Counties )

The services of a bail bondsman are very beneficial to you should you miss a scheduled court appearance. Even if you contact an attorney to discuss your options after missing a court date, a bail bondsman can provide the emergency funds to post bail if needed.

The services of a bail bondsman don’t stop there. A bail bond agent can walk you through your options so you can make an informed decision about how to proceed. Before retaining an attorney, it may make more sense for your first phone call to be to a bail bondsman.

Whether you’re from out of town or a local resident, missing court dates sometimes happens, due to emergencies, illness or other scheduling conflicts. If you know you won’t be able to make your court date and you have a bondsman be sure to call them first. If you do not have a bondsman call the Court Clerk as soon as possible. By explaining your circumstances, it may be possible to re-schedule another court date over the phone.

If this isn’t possible and you miss your court date, a solid plan B is to contact a local bail bondsman for assistance and peace of mind. For court appearances in Montgomery and Robertson County Tennessee, Fizer Bonding Company has bond agents ready to assist you 24/7 every day of the year. In Montgomery County TN call (931) 449-9351 and in Robertson County TN call (615) 667-1109. If you have additional questions about how bail works, see our web page on Bail Process .

“We’ll get your tail outta jail!”

**Disclaimer**

Please be advised that neither Fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney nor law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS . No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post I Missed My Court Date…Now What? appeared first on Fizer Bail Bonds .

3 Collateral Types To Secure Your Bail Bond

Fri, 05 Oct 2018 02:09:00 GMT

A bondsman or bail bond company can help you or your loved one affordably be released from jail after they have been arrested. Depending upon your financial situation and amount of bond set, it might be difficult to for you to pay your bail amount in cash.

That’s where bail collateral comes in to play. Whether you are in Montgomery County Jail or Robertson County Jail , bail bond collateral laws will apply there as well.

Bail collateral is used to secure the value of the bond when you pay a bondsman a bail bond premium, to pay the court the full amount of your bond to release you from jail. In short, collateral can come in many forms and is required to assure the bail bonds company that the defendant will appear in court when he or she is required to do so.

What Is Used For Bail Collateral?

Bail collateral is limited to only things of tremendous value that can be easily liquidated in the event that you or someone you know has had their bail secured by a bondsman and they do not show up for their court date. Over this next section, we will take a look at the 3 most common resources that people can use as collateral.

1) Vehicle Titles

When a person owns a vehicle and they have a clear title on that vehicle meaning that they do not owe any money for it, then it can be used as collateral or a bail bond car title . Other types of saleable vehicles that can be used in Tennessee can include:

Like other types of collateral, you will forfeit the vehicle if the Defendant cannot go to all hearings as required by the court.

2) Real Estate

Real estate is a common choice for bail collateral. Putting a house up for collateral for bail is the go-to solution in many collateral situations. The term real estate can refer to a home or other kinds of structures. It can also refer to a piece of land or the natural resources (minerals, water, crops, etc.) located on or within a parcel. A bail bond lien on property can be something you own personally or come from another consenting owner.

Tennessee requires you to execute a deed of trust with the office of the register Tenn. Code Ann. § 40-11-122 https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-11-122.html in the county of property ownership.

3) Investment Accounts and Savings Accounts

If you have an Investment or savings account, it can be treated as bail bond collateral. For example, you can use:

These types of investments and savings are usually as good as cash since they require very little time and effort to liquidate.

Do All Bail Bonds Require Collateral?

If you do not pay your full bail bond amount in cash and you secure your bail through a bondsman in Tennessee, then you will be required to “collateralize” your bond. A no collateral bail bond doesn’t really exist in Tennessee since the bond needs to be collateralized to guarantee Tenn. Code Ann. § 40-11-151 https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-11-151.html the Defendant will appear in court.

Bail collateral, whether it be cash or tangible assets, are usually returned within one week of case conclusion and all collateral is remitted back to the owner when the matter is resolved whether the Defendant is found innocent, guilty, or exonerated. In Montgomery County and Robertson County Tennessee, call the professional bondsman at Fizer Bonding Company LLC for more information on how collateral can help you secure your bail bond. Our Professional bondsman are 24/7 available every day of the year by calling (615) 667-1109. If you have additional questions about how bail works, see our web page on Bail Process .

**Disclaimer**

Please be advised that neither Fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney nor law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter where individual state, county or city laws may apply. Fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS . No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post 3 Collateral Types To Secure Your Bail Bond appeared first on Fizer Bail Bonds .

Can I Be Arrested for a DUI in Tennessee?

Mon, 01 Oct 2018 22:34:00 GMT

If you decide to drink and drive in the state of Tennessee, there are serious consequences per Tennessee DUI laws that you must face if you should be pulled over and arrested by law enforcement.

Can I Be Arrested for a DUI in Tennessee?

The answer is yes.

Effective July 1, 2016, new TN DUI laws went into effect which makes the consequences of impaired driving even more sobering. While some of the changes eliminate previous DUI laws, other laws increase the penalties associated with a DUI charge.

The significant changes per Tennessee DUI laws include:

It should be noted that in determining prior DUI convictions, the Tennessee court can include DUI convictions from other states, providing that conviction meets the state of Tennessee’s definition of a DUI. Prior driving convictions for vehicular assaults and homicides will also be taken under consideration.

The DUI Process

If you are pulled over for a suspected DUI in Tennessee, a law enforcement officer will perform a traffic stop. The law enforcement officer may ask you to perform a series of field sobriety tests to determine levels of impairment or intoxication. If there is just cause, you will be placed under arrest and transported to the local jail or medical facility for a breath test or blood draw. After receiving your breath or blood sample, you will be transported to the county jail or detention center for booking purposes.

Posting Bail (Bond)

DUI First Offense – TN Misdemeanor

For a first offense DUI in Tennessee, there is a mandatory jail sentence of anywhere from 48 hours to 11 months, 29 days (or a minimum of 7 days with a blood alcohol content of .20% or more). The fine for a first offense is between $350-$1500 and a mandatory 1-year license suspension.

TN DUI Laws Second Offense (and beyond)

Subsequent DUI offenses result in more jail time, higher fines and losing your regular driver’s license for a longer time. The judge will determine the length of jail time and the fine amount.

Requesting the Services of a Bondsman

Most people want to post their bond immediately after the booking process is complete to avoid serving jail time. But if you are unable to pay your bond amount in full, a family member or friend can find bail bonds near me and they will assist you in funding your bond amount. A bondsman will explain post bond meaning and offer their services to post your bond and you will be released from jail. A bondsman’s services are unique in that they can post your bond which is especially important if the bond is set at a very high dollar amount or this is a repeated, more costly DUI charge.

Tennessee Area Bondsman Services

If you are arrested for DUI in Robertson or Montgomery counties, you will be transported to the county jail for a mandatory minimum hold of at least 48 hours in accordance with Tennessee DUI laws. The state of Tennessee has a zero tolerance for DUI offenses. According to The Tennessee Department of Safety and Homeland Security https://www.tn.gov/safety/publicsafety/duioutline.html if you are pulled over for suspicion of a DUI, odds are that you will serve jail time unless you can post the bond amount. If you are arrested in Robertson County or Montgomery County Tennessee on a DUI call Fizer Bonding Company 24/7 for licensed, professional and discreet FAST jail release.

If you have additional questions about how bail works, see our web page on Bail Process .

**Disclaimer**

Please be advised that Fizerbailbonds.com is not an attorney nor law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter given that individual state, county or city laws may vary. Fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.

The post Can I Be Arrested for a DUI in Tennessee? appeared first on Fizer Bail Bonds .

How Do Tennessee Courts Determine Bail?

Tue, 25 Sep 2018 01:54:00 GMT

Tennessee courts may refer to the Tennessee Constitution and Tennessee code annotated for bail bond laws to determine bail for lesser misdemeanor crimes by state mandated statutes and by a judge or state commissioner for State or Felony charges. The first thing to understand when determining bail is whether the crime you or your loved one is charged with is a misdemeanor, state or felony charge.

Misdemeanor Bail Amounts

In Montgomery and Robertson County, Tennessee misdemeanor bail amounts are generally set by the county commissioners during the booking process. General Sessions Court handles misdemeanors where the defendant has been jailed within the Montgomery or Robertson county jail. The bail amount is set based on the offense and is typically a more affordable dollar total. The bail amount is typically written on the citation and cleared once the defendant goes to court or chooses to pay the citation, or bond amount, in full.

State or Felony Bail Amounts

For State or Felony charges, the defendant appears before a judge or court commissioner after the booking process is complete and is the one who reviews the pending charges brought against him or her. Based partly on the seriousness of the offense(s), in addition to other considerations as required by Tennessee law, the commissioner or judge sets the bail amounts by crime committed.

What Factors can be Considered to Determine Bail for State and Felony Cases?

Per Tennessee law, other factors which must be taken into consideration prior to setting bail for State and Felony charges include:

It should be noted that in the Tennessee court system , by law every person arrested on suspicion of committing a criminal act is entitled to be given a bond (to post bail). Since all defendants are innocent until proven guilty, unless facing the death penalty, is a flight risk, a repeat offender or fugitive, all defendants must be given the opportunity to post bail.

Once the bail amount has been determined, the defense attorney and/or state counsel may go before the judge in an attempt to either reduce or increase the bail amount. Even after the bail amount has been determined, the judge reserves the right to revoke bail completely or hold the defendant in custody under an open bond.

An open bond allows for further charges to be brought against the defendant after further investigation, increase the bail amount, or make changes to the bail amount or release conditions. If further charges are brought against the defendant, it’s possible for the judge to hold the defendant in custody with no possibility to post bail.

The higher the bond amount, the more difficult it may be for the defendant to post the bail amount for temporary release. In the case of a high bail amount, the defendant must attend a hearing to validate and secure the funding of the bail amount.

It may be necessary for the defendant to work with a bail bondsman to post bail. In Tennessee, the defendant must pay a bail bondsman at least 10% of the total bail amount up-front, which is non-refundable. If the bail bondsman agrees to assume the i risk of the additional bail amount, there is still the possibility of additional charges, which would increase the bail amount.

Additional Bail Costs

When posting bail, defendants in Tennessee must also be prepared to pay a state fee of +/-$37, in addition to legal fees and court costs. If you have additional questions about how bail works, see our web pages on Bail Process .

Summary

How do Tennessee courts determine bail? Either by a pre-determined fee schedule for less serious offenses, or by a judge reviewing the individual case, its circumstances, and the other factors (flight risk, character, etc.) per Tennessee law.

**DISCLAIMER**

Please be advised that www.fizerbailbonds.com and Fizer Bonding Company, LLC is not an attorney nor law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter given that individual state, county or city laws may vary. www.fizerbailbonds.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your ow n risk.

The post How Do Tennessee Courts Determine Bail? appeared first on Fizer Bail Bonds .

What Will Happen At My Arraignment In Robertson And Montgomery County, TN

Thu, 28 Jun 2018 21:26:00 GMT

Nobody in the Robertson or Montgomery County jail in Tennessee likes to be in the position of wondering what is the purpose of an arraignment hearing , but if you have found yourself in jail and wondered what the next steps are for you, then you have probably asked this question.

The arraignment process or sometimes called an initial appearance, is an event or court proceeding at a specific date and time, where you will leave the jail (or sometimes appear via closed circuit tv or monitor from the jail) after having been arrested, to appear before a court magistrate or judge.

This is the time when your docket or case number will be called out in court and you will come forward from where you have been waiting in a holding area. The judge will then read what the charges are that have been filed against you. In some instances this may be first time that you find out exactly what the charges are against you.

There can be a different types of arraignment such as a criminal arraignment hearing , dui arraignment hearing , and a misdemeanor arraignment hearing . In Tennessee, arraignments usually happen within a few days of your arrest if you are being held in jail and can happen within a few weeks if you have been released from jail having posted bail or were issued a citation.

The purpose of arraignment is give the defendant a very clear understanding of what the accusations are against them and plead either guilty, not guilty, or in some instances no contest.

The judge will also inform the defendant of their right to legal counsel and appoint a criminal defense attorney if there are criminal charges and the defendant cannot pay for their own attorney. Consideration will also be given to the defendants custody status. This time will also be used to schedule further court appearances or defendant restrictions.

For defendants and their families, the most important part of their arraignment is usually whether or not they will be allowed bail and what the bail amount is set at. The judge will take several factors into consideration and also hear from the defendant’s attorney any additional points they bring up to the court regarding bail, as well.

Most defendant’s just want to get back to their daily life and routine so it can also be very helpful when a family member or loved one has already contacted a bondsman, such as the licensed professionals of Fizer Bonding Company , prior to the arraignment hearing.

This will give the bondsman plenty of time to have your bond agreement paperwork ready and available at your arraignment. Additional information about TN Rule 5 and arraignment in the State of Tennessee can be found at https://www.tncourts.gov/rules/rules-criminal-procedure/51-0

**DISCLAIMER**

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