Bond Factors: Nature of the Offense
This blog constitutes yet another installment in our series on bail and the factors that judges, clerks, or magistrates consider when deciding to grant a defendant his or her release on bail and what amount. Almost every offense is a bailable offense under Tennessee state law (the exception being capital offenses where the evidence is overwhelming or the presumption of guilt is great) so the factors discussed in this blog primarily shed light on the amount at which bail will be set. The purpose of bail is to allow the defendant to avoid being incarcerated until he or she has a trial date on the charges for which he or she is accused while still ensuring that the defendant will show up to court when the time comes. Thus, the nature of the offense committed is an obvious consideration in assessing the amount at which bail should be set.
The nature of the offense is relevant primarily due to the assumption that a defendant needs less incentive to show up to court for a less serious offense than for a more serious offense, such as murder. In fact, capital offenses are generally the only offenses that are recognized as non-bailable because the risk is simply too great that a person would not show up to answer to a murder charge, especially if that person is facing the death penalty. Other considerations that go to the nature of the offense include whether the offense is a sexual or violent offense that indicates that the defendant might pose a danger to society if released or might be due to a criminal impulse or frame of mind that a defendant simply cannot control of his own free will. If you or someone you know has bail set too high, or has an inquiry into the nature or conditions of release, do not hesitate to contact an experienced criminal defense lawyer today.
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