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Domestic assault graphic.

Dealing with Domestic Assault Arrests in Tennessee

According to one advocacy group, there are about ten million https://ncadv.org/statistics assault victims in the United States every year. Some of these cases involve emotional or verbal abuse. But the vast majority involve physical abuse, and that usually means domestic violence assault charges.

Contrary to popular myth, the defendant can still be convicted of domestic violence even if the victim does not sustain a physical injury.

If you are convicted, domestic violence charges in Tennessee cannot be expunged from your record. Additionally, domestic violence is about the only misdemeanor that can end your right to own a gun. And, domestic violence has significant consequences outside criminal court. The state may take action against your custody rights, and these convictions create significant complications in divorce and other family law cases.

What is Domestic Assault?

In Tennessee, assault is basically a harmful or offensive touch. As mentioned, any harmful or offensive touch suffices. If the alleged victim went to the hospital, the act is a little easier to prove in court. Intent is easier to prove as well. Just be aware that, prosecutors do not need to prove intent to injure. They just need to prove the assault was not accidental.

Typically, the alleged victim is the defendant’s spouse. However, Tennessee law also classifies a number of other incidents as domestic assault. The victim could a former spouse, anyone related to the defendant by blood or marriage, current or former dating partner, or a roommate.

Arrest Issues

Most law enforcement agencies in the Memphis, Tennessee area have mandatory arrest policies. When officers respond to a domestic violence call, someone usually must go to jail that night. It’s not always easy to determine who the aggressor was.  This is especially true when the alleged abuser and alleged victim often tell much different stories. When this happens to you or a friend or loved one, it can be very upsetting and cause additional emotional hardship and stress on the family.

Furthermore, release on bond usually has some additional stipulations or time constraints for domestic violence.  There is a court-ordered requirement that a defendant be held a minimum of 12 hours before he is released on bond in the event of a domestic assault arrest.  It is best to call United Bonding Company in Memphis and bail bonds near me to simplify your release as much as possible.  We will work as quickly and efficiently as possible to get your friend or loved one released from jail.

Once released, the pretrial release order may contain a number of restrictions. For example, the defendant may not be able to contact the alleged victim or even reside in the same place.

Domestic Violence Case in Shelby County

Typically, a domestic violence case in Shelby County, Tennessee is procedurally different from standard assault cases. Most cases go to designated family violence courts.  As the case nears resolution, probation may be an option in many cases. That probation often includes an anger management or counseling program. Often, the plea bargain might also involve a reduction to simple assault.

If the case goes to trial, prosecutors can subpoena the alleged victim and force him/her to testify. In this case, the old “spousal privilege” defense usually does not apply. However, there may be other defenses, such as lack of evidence or self-defense.

At United Bonding Company, our professional bondsman provide fast and confidential bonding services throughout western Tennessee and are licensed to write bonds in the Shelby County Juvenile Court.

United Bonding Company is a Member of the TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/. Our bond agents are available 24/7 at (901) 577-1138 for a fast jail release 365 days of the year. United Bonding Company wishes you and your Happy Holidays. 

**DISCLAIMER**

Please be advised that www.bailbondmemphis.com and United Bonding Company 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 given that individual state, county or city laws may vary. www.bailbondmemphis.com provides INFORMATION ONLY and the information provided is for awareness purposes only. 

Nice suit.

Yes, Looks Matter When You Appear in Court

 It is human nature to assume that, if a person has been to jail, they did something wrong.  You do not want to look the part of a criminal, because a bad first impression has the potential to make your case much more difficult to defend. Judges in the state of Tennesseecarefully explain to jurors that they must not take the defendant’s physical appearance, arrest, and incarceration into account. However, those instructions may come after the jury has already seen the defendant.  By that time, it’s too late to alter that first impression. Unfortunately, this could make the difference between acquittal and conviction. This is why looks matter when appearing for court. It is always best to wear your most conservative and presentable clean attire when appearing in court. It shows respect to the court and the legal process.

How Bail Release Helps You!

Bail is the primary mechanism for pretrial release in Memphis, Tennessee. Ever since America became a nation, financial security has been the main guarantee of appearance at a future trial date. So, Tennessee bail bond laws are designed to liberally grant pretrial release and protect the public at the same time.

Typically, a judicial commissioner sets a bail amount a few hours after the defendant arrives at the jail. That amount can range from $100 for a minor misdemeanor to several thousand dollars or more for a serious felony.

In some jurisdictions, where pretrial release is available, defendants are released on their own recognizance pending trial. If available, pretrial release usually involves limited eligibility depending on the seriousness of the charge, the assessed flight risk of the defendant, his or her past appearance history in court, etc.

Showing back up in court after being released on bail shows the court that you are honoring your bail terms by being there when you are supposed to.  Wearing your best suit or dress shows that you respect the court and the seriousness of the situation.

To get out of jail fast in the greater Memphis, Tennessee area and surrounding counties, contact bail bond near me United Bonding Company at (901) 577-1138. Our bonding agents are available 24/7 every day of the year to help you secure a fast jail release when you or your loved one has been detained or arrested. We are also licensed to write bonds in the Shelby County Juvenile Court. United Bonding Company is a Member of the TAPBA Tennessee Association of Professional Bail Agents https://www.tapba.org/.

**DISCLAIMER**

Please be advised that www.bailbondmemphis.com and United Bonding Company 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 given that individual state, county or city laws may vary. www.bailbondmemphis.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.

Court room.

Case Closed.  Do I Get the Bail Money Back?

An arrest for a criminal offense can be a very stressful time. The stress escalates when the offender does not have the money to post bail and is facing detention until the court date.

A bail bondsman can help provide the financial means to post bail. But sometimes, there may be confusion surrounding this procedure, so here is the clarification needed to address questions that arise before, during and after posting bail and the subsequent bail bond financing process.

Does the Bail Bond Company Refund My Money After the Court Case is Over?

Many people believe that once the court case is over, they get all or a portion of their bond money back. Still, others believe that if they are found not guilty, they will get their bond money back.

Bail bonds themselves are used by the court as assurance that the offender or defendant, will return for their court appearance.

Do You Get Bail Money Back if Charges are Dropped?

According to Tennessee bail bond laws, bail bonds have nothing to do with court findings, whether found innocent or guilty.

How Long Does It Take to get Bail Money Back?

The upfront fees, called the bail premium are generally 10% of the bail amount, are paid to get the process started and these fees are non-refundable. A bail bondsman charges these upfront fees as payment for their services to assume the risk of the defendant returning for their court appearance.

In some cases, the bondsman may collect additional cash collateral in addition to the 10% fee.

This additional cash is used as sort of a contingency just in case additional expenses are incurred. If there are no additional expenses incurred, the cash collateral (not the upfront fee or bail premium) will be refunded to the defendant after their final court appearance.

There are also some cases in which a defendant can finance part of the bail premium (or bail bond) but is required to pay for the remaining balance.

Bail Bond Financing and Repayment

There can also be confusion surrounding bail bond financing and repayment of bond premium. Some people believe that if their case is over before paying off the balance of the bond premium, they are done with their payments to the bondsman.

People can get hung up on the fact that if their court case has ended, they don’t understand why it is necessary to pay any outstanding balance to their bondsman. It makes no difference if your case takes one day or multiple years.  The remainder of the bondsman’s 10% premium fee still needs to be paid in full.  Failure to pay the remaining balance can result in civil action agains the defendant and/or cosigners.

If the defendant or co-signer has to be taken to court for payment of owed bail bond fees and judgment is ruled in favor of the bondsman, collection may be enforced by garnishing the defendant’s or cosigner’s wages. More information can be found in the Tennessee code annotated regarding bail bonds.

As with any situation where it is necessary to borrow money, it is a legally binding contract that needs to be paid. Bond Agents are here to provide professional and knowledgeable bail services and for a reputable bail bond near me company in the greater Memphis area and throughout the state of Tennessee call United Bonding Company. United Bonding Company is also licensed to provide bail bonds to individuals in the Shelby County Juvenile Court.  

By clearing up misconceptions ahead of time with your bond agent surrounding bail bond premiums or upfront money, you will alleviate stress and make posting a bond for you or a loved one a quick and easy experience.

**DISCLAIMER**

Please be advised that www.bailbondmemphis.com and United Bonding Company 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 given that individual state, county or city laws may vary. www.bailbondmemphis.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.

Man looking down at a warrant.

I Think I Have a Warrant in Tennessee…. What Do I Do?

Many people believe that arrest warrants eventually go away. They do, right? After all, most crimes have statutes of limitations, don’t they?

But there is no statute of limitations on arrest warrants (https://thelawdictionary.org/article/statute-limitations-arrest-warrants/). Once the authorities issue one, it stays active until it is served. An attorney may be able to get the case dismissed later, but that hope does not help people who are caught in a Shelby County warrants sweep. The next such event is never more than a few months away and can happen anywhere, at any time, and in any place in Tennessee.

Warrant roundups are not the only problem. If you have an outstanding warrant, you are subject to arrest at any time. The police do not even have to pull over your vehicle or stop you on the sidewalk. A simple license plate check can land you in jail. So, if you think you may have a warrant, please keep reading.

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Person calling a bail bondsman.

When Should I Call A Bondsman In Memphis, Tennessee?

If you have ever woken up in the Shelby County Jail or at 201 Poplar Avenue, you have likely asked yourself, “When should I call a bondsman?”. Especially if you are a parent or guardian of a child and have come to find out that your child has been taken into custody by the Shelby County Juvenile Court system, then now is a good time to call a bondsman.

In general, the rule of thumb is to call a bondsman as soon as possible if you think you might need additional funds to make your or your child’s bail. Bail amounts can be set in the hundreds to thousands of dollars and it’s safe to say that most working folks just don’t have that kind of money laying around.

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Bail bond depiction.

What is Bail and How Does it Work in Memphis TN?

Not to be confused with the word bond, bail is basically the total amount of money that a person must deposit with the court in order to remain free from jail until their case is over. A bail bond premium is the amount of money paid to a bondsman for the defendants release from jail after arrest in lieu of depositing the entire amount of the bail bond with the court. A bail bond is a surety agreement in which the bail bond company guarantees to the court that the defendant will appear, and agrees to pay the full bail amount if the defendant does not.

While the process of bail may sound scary, hopefully by the end of this article, you and your loved ones will have a better understanding of what bail is and how it works, saving a lot of headaches (and heartaches) in the long run.

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Judge with a gavel at a court date.

Help, I Missed My Court Date In Memphis, TN

Did you miss your court date in Memphis, Tennessee? If yes, you definitely have a situation on your hands that needs to be addressed as quickly as possible. Running away or trying to avoid law enforcement is only going to make it worse.

If you have a pending criminal case and you have a bond posted with a bail bondsman or have been released on your own recognizance, (ROR-Release On Recognizance), you have promised the court that you will abide by the court’s directives and conditions. One of these conditions is to appear for all of your court proceedings at the date and time the court has given to you. Missing your court date means you have violated a court condition and the judge can issue a warrant for your arrest.

Speed and taking action are your greatest ally right now. The quicker you get your warrant resolved, the better you look in the eyes of the court. 

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