Help, My family member has just been arrested! Tennessee Guide.

A Family's Hourly Guide after Arrest

Tennessee State Court (continued.)

Days 1 through 10

In Davidson County, If a person is not able to make his bond within the first few hours after his arrest, his case will be placed on the "review" docket the next business day after the arrest. At that time, a district attorney and the defense attorney will review the case and ask the court to make any easy or simple settlements. There are no witnesses subpoenaed, so only the simplest modifications are made. Within a few days, should your family member still be in jail, his case will be put on the general sessions docket. By law, a defendant will have a right to a preliminary hearing within 10 days if he is not able to make his bond. If there is no hearing, the defendant may be released, for "failure to prosecute."

Days 11 plus

Your attorney can help you understand and navigate the criminal justice system from this point forward. Your family will have many questions about reduction of bond, bond factors, and release.

A Family's Hourly Guide after Arrest

Tennessee State Court

Hour 1

Brace yourself. It may be a long wait. Often there is little information about an arrest for several hours. Gather your financial information. Review your bank account balances and available credit lines. You may want to talk to other family members and friends about contributions to a “bond fund.” The money for a bond must be paid from a legitimate source and cannot be the proceeds from a criminal enterprise. (You can't use your drug money to pay your brother's bond).

Contact an attorney. You may want to contact an attorney for assistance in getting the bond set or lowered. An attorney can also explain the process to family members.

Contact a bonding company. Sometimes people are released on their own recognizance, but if your family member is not, you may want to use a bonding company to help pay the bond. Talk to several companies and ask them about their policies regarding payment, co-signers, and credit cards. Money you pay to a bonding company will not be returned to you.

Hours 2 through 24

Booking will usually take several hours. At some point, the arrestee may be able to call home. Most jail telephones cannot call cell phone numbers. You may need a phone that can accept collect calls.

What will the bond be? If the arrest was made from a general sessions complaint, a commissioner or general sessions judge will set the bond within a few hours after arrest. Many counties, including Davidson, have commissioners working 24 hours a day. If the arrest was made from an Indictment, a bond has already been set, and cannot be modified without an appearance before the criminal court judge and in the presence of a district attorney. If your family cannot make the bond as it stands, it could be days or weeks before the court sets a hearing on a motion to reduce the bond. The faster a motion is filed, the sooner it can be heard. If the arrest was made from a capias warrant or a probation violation, then there my not be a bond set before there is a hearing.

Waiting periods. There may be a waiting period before your family member is allowed to post a bond. Often there are waiting periods for offenses such as driving under the influence and domestic assault. These periods may be between 8 to 12 hours.

Source hearing. In Davidson county, before someone can post a bond over $70,000, there is a rule that requires the court to hold a "source hearing." What this means is that court is going to hear testimony proving the money for a bond is paid from a legitimate source and not the proceeds from a criminal enterprise. (Again, you can't use your drug money to pay your brother's bond). It could be days or weeks, depending on the criminal court's schedule, before the court holds a hearing. When the bond is over $70,000, prepare to have your family member in jail for at least a week.

What charge is my family member facing? Arrest warrants and indictments are kept confidential until after the person is arrested. It can be several hours before the warrant shows up in the system. Many of the county jails have real-time computer searches that will show an inmate's status. Many of the county jails and criminal court clerk's offices have their information online for the public. Search on the internet for for more information about the sites.

The Law Office of Jennifer Lynn Thompson, Attorney at Law, provides criminal defense, legal advice, divorce representation, child custody assistance, and family law services to the cities of Adams, Ashland City Baxter, Brentwood, Clarksville, Clifton, Collinwood, Columbia, Cookeville, Coopertown, Decherd,, Dickson, Town of Dover, Dunlap, Fairview,, Fayetteville, Franklin, Goodlettsville, Hendersonville, Huntland, Kingston Springs, Lavergne, Lawrenceburg, Lebanon, Lewisburg, Loretto, Lynnville, Manchester, McMinnville, Millersville, Monterey, Mt. Juliet, Murfreesboro, Nashville, New Johnsonville, Nolensville, Pegram, Pleasant View, Pulaski, St. Joseph, Shelbyville, Smyrna, Sparta, Spring Hill, Springfield, Thompson’s Station, Tullahoma, Waverly, Waynesboro, White House and Winchester, and to the counties of Bedford, Cheatham, Coffee, Davidson, Franklin, Giles, Hickman, Jackson, Lawrence, Lincoln, Marshall, Maury, Montgomery, Overton, Putnam, Robertson, Rutherford, Stewart, Sumner, Wayne, Williamson, and Wilson County.

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

This web page was designed and created by Jennifer Thompson, herself.

The Law Office of Jennifer Lynn Thompson, Attorney at Law, provides criminal defense, legal advice, divorce representation, child custody assistance, and family law services to the cities of Adams, Ashland City Baxter, Brentwood, Clarksville, Clifton, Collinwood, Columbia, Cookeville, Coopertown, Decherd,, Dickson, Town of Dover, Dunlap, Fairview,, Fayetteville, Franklin, Goodlettsville, Hendersonville, Huntland, Kingston Springs, La Vergne, Lawrenceburg, Lebanon, Lewisburg, Loretto, Lynnville, Manchester, McMinnville, Millersville, Monterey, Mt. Juliet, Murfreesboro, Nashville, New Johnsonville, Nolensville, Pegram, Pleasant View, Pulaski, St. Joseph, Shelbyville, Smyrna, Sparta, Spring Hill, Springfield, Thompson’s Station, Tullahoma, Waverly, Waynesboro, White House and Winchester, and to the counties of Bedford, Cheatham, Coffee, Davidson, Franklin, Giles, Hickman, Jackson, Lawrence, Lincoln, Marshall, Maury, Montgomery, Overton, Putnam, Robertson, Rutherford, Stewart, Sumner, Wayne, Williamson, and Wilson County.

The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

This web page was designed and created by Jennifer Thompson, herself.

6 things that your family member should know when in jail

1. Do not talk to other inmates about your case. They are not your friends. They may use your information for their own gain.
2. Do not talk about your case over the telephone. All calls are recorded and the prosecutors do listen to them.
3. Do not write letters to people other than your lawyer about your case. The jailers read the letters.
4. Never, never, never talk or write with suggestions or demands that a witness change his testimony. This can be a separate crime. The jailers will read it. (This includes letters that say, "Hey, you got to take the drugs or I'll get a lot of time.")
5. Don't write to the judge. He does not read the letters, but the prosecutor sure will.
6. Don't file your own motions. Every facility has a "jailhouse" lawyer that is giving out advice about motions to file. The motions are usually frivolous. Heck if they worked, all the attorneys would be using them.