If you or a family member has been arrested in Tennessee, getting a bond set does not always mean you can immediately pay it and get out of jail. In some cases, the court must first determine where the money being used for the bond came from.
This is commonly called a source hearing or source of funds hearing. If a source hearing is required, having the bond money available is only part of the process. You may also need financial records and other documentation showing the court that the money or property being used to make bond came from a legitimate source.
The Law Offices of Amanda J. Gentry handles bond and source hearings in Tennessee. If your family has been told that a source hearing is required before a bond can be posted, contact our office so we can determine what needs to be filed and what documentation you will need.
What Happens at a Bond Hearing in Tennessee?
A bond hearing gives the court an opportunity to decide whether a defendant should be released while the criminal case is pending and what conditions should apply to that release. Depending on where the case stands, the defense may also ask the court to reduce a bond that has already been set.
The judge can consider several things when making that decision, including the nature of the charges, the defendant's criminal record, history of appearing in court, ties to the community, and whether the defendant poses a risk to the public.
A bond can also come with conditions beyond simply paying money. Depending on the charge, the court may impose restrictions on contact with another person, travel, firearms, alcohol or drug use, or other conduct while the case is pending.
Can You Ask a Tennessee Judge to Lower Your Bond?
Yes. When a bond is too high for the defendant or family to post, the defense can ask the court to reduce it. The fact that someone cannot afford the original amount does not automatically mean the judge will lower it, so the defense needs to give the court reasons to approve a lower bond.
For example, we may be able to show that the defendant has stable employment, family in the area, a reliable place to live, a history of appearing for court, or other ties that make it more likely the defendant will return for future hearings. The circumstances of the charge and the defendant's prior record can also play a major role in what the judge decides.
What Is a Source Hearing for a Tennessee Bail Bond?
A source hearing addresses a different question: Where is the money or property being used to make this bond coming from?
Tennessee law allows the court to require proof that the funds or property being used for a bond were not obtained through criminal activity. The issue comes up frequently with larger bonds and cases where the court has entered an order requiring proof of the source before the bond can be accepted.
If that happens, simply showing up at the jail with the money may not be enough. The source of the funds has to be addressed with the court before the defendant can be released.
Is a Source Hearing Required for a $75,000 Bond in Tennessee?
Tennessee law specifically addresses source-of-funds review when a defendant's bond is $75,000 or more. The court must determine that the money or property being used to secure the bond was not obtained through criminal activity before accepting it.
Source hearings are not limited to drug charges. While the source of large amounts of cash may be an obvious concern in a drug case, Tennessee's source-of-funds requirement can apply regardless of the type of criminal charge.
This can catch families off guard. You may have already contacted a bonding company, gathered the money needed for the premium or collateral, and expected your family member to be released, only to learn that the court needs additional information first.
What Documents Do You Need for a Source of Funds Hearing in Tennessee?
The documents needed depend on how the bond is being funded. The goal is to be able to show where the money or property came from rather than simply telling the court that it is legitimate.
Depending on the situation, useful documentation may include:
- Bank statements showing where the funds were held
- Pay stubs or employment records showing earned income
- Records showing savings accumulated over time
- Loan documents
- Credit card or cash-advance records
- Documents related to the sale of property or another asset
- Records showing ownership and value of property being used as collateral
- Information identifying the person providing the money
- Documentation showing that person's relationship to the defendant
- Other records tracing where the bond money originated
For example, if a defendant's mother is providing money she has had in a savings account for several years, bank records may help establish where those funds came from. If several family members are contributing money, the court may need information concerning each contribution rather than documentation from only one person.
The important thing is to start gathering these records as soon as you know a source hearing is required. Missing documentation can mean more time in jail while the issue is sorted out.
Can a Family Member Pay Your Bond in Tennessee?
Yes, bond money does not necessarily have to come directly from the defendant. Parents, spouses, relatives, and other people may provide money or property to help someone make bond.
When a source hearing is required, however, the court may want to know who is providing the money and where that person obtained it. If your father is putting up the money, for example, the relevant records may be his bank statements, employment records, loan documents, or other financial information rather than yours.
This is one reason families should speak with us before moving money between accounts or trying to assemble documentation at the last minute. We can identify whose records are likely to matter and what the court will need to see.
How Long Does a Source Hearing Take in Tennessee?
The hearing itself may not be the part that causes the biggest delay. Getting the necessary documents together, filing the appropriate motion, getting the matter before the court, and resolving questions about where the money came from can all affect how quickly the defendant is released.
That matters when someone is sitting in jail waiting. A family may have access to enough money to post the bond but still lose days trying to figure out what paperwork the court wants.
The Law Offices of Amanda J. Gentry can work with the defendant and family to identify the source of the bond funds, gather the records needed to document those funds, prepare the necessary filing, and present the issue to the court.
Do You Need a Source Hearing Before You Can Get Out of Jail in Tennessee?
If the court has required a source hearing, you generally need to address that requirement before the bond can be accepted and the defendant can be released. Paying a bondsman or having sufficient money available does not eliminate a source-of-funds order.
This is also separate from asking the court to reduce the bond. In some cases, we may be dealing with both issues: whether the amount of the bond should be lowered and whether the funds or property being used to post it satisfy Tennessee's source requirements.
Need Help With a Source of Funds Hearing in Tennessee?
If you have been told that you or a family member cannot post bond until a source hearing is completed, contact the Law Offices of Amanda J. Gentry. These situations can move quickly, and waiting to figure out the paperwork after a hearing has already been scheduled can delay the defendant's release.
Our office handles bond and source hearings in Tennessee and can help determine what documentation the court needs, prepare the source-of-funds filing, and represent the defendant at the hearing. If the money is available but a source hearing is standing between your family member and release from jail, contact our office so we can start working on the issue.
