If you or a loved one have been incarcerated in Shelby County, Memphis, TN then you have had to deal with making a bond. Under Tennessee law, a Defendant is entitled to a reasonable bond/bail. Certain exceptions do exist for capital offenses where the Defendant is not entitled to a bond.
The purpose of a bond is to allow the charged individual to remain out of custody, pending a trial, so that he/she will still be able to work and keep up with personal obligations. A bond/bail in the city of Memphis, TN is there to ensure that the Defendant will show up for their designated court dates and trial. IF they do not appear for any of these dates, he/she will lose the posted bond and a warrant will be issued for their arrest.
If the bond is set by a judge or magistrate to be $75,000 and up or over $10,000 cash bond, then one must have a source hearing before posting such bond. A source hearing, as defined by T.C.A. 39-11-715, is a hearing conducted by the Defendant’s attorney to determine where the money being used to post the bond is coming from. Simply put, a source hearing is conducted for the purpose of proving that the funds being used to post the bond are not derived from criminal activity, such as drug deals or other crimes.
If a source hearing is required, your attorney will file a motion to schedule such a hearing. At the source hearing, it is up to your defense attorney to present bank statements, pay stubs, and other financial records that will prove the money being used to post the bond is from legitimate proceeds and endeavors. If the presiding judge determines everything needed to post the bond is in order, then the individual paying the bond will be allowed to do so and the defendant can leave jail.
If you or a loved one has been charged with a crime in Memphis, TN a member of the criminal defense team at The Chiozza Law Firm can assist you with your representation, including source hearing issues. We always recommend interviewing multiple attorneys before deciding on your representation. We also strongly believe that if you simply call 1(901)526-9494 to speak with a member of our criminal defense team you will not be disappointed. We can usually walk you thru the criminal process and know what to expect and how to prepare for it. For additional information, you may also email criminal defense attorney Brian Chiozza, firstname.lastname@example.org, or fill out an online form here.
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