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Can assault with deadly weapons charges be dropped?

man in a suit pulling a handgun

Understanding Gun Laws

While many states are changing their laws to allow open carry with or without a handgun license, there are still laws in place for certain weapons that can get a person arrested. A weapons charge bail can be expensive, depending on several circumstances, including if the defendant has a handgun license. 

In July 2021, the state of Tennessee passed a law for open carry without a permit is legal if certain criteria were met by the person. So, what are weapons charges in Tennessee now? The Volunteer State has mile gun control laws compared to many states, but they do have requirements to purchase a gun, starting with a background check that must be run and passed, but there is not a waiting period to obtain the gun.

A person could find themselves posting a weapons charge bail if they are found in possession of the following in certain situations: 

  • Machine guns
  • Short-barrel rifles
  • Shotguns

One example would be that any person in possession of a machine gun must follow compliance with one of the limited exceptions under federal law. In Tennessee, what are weapons of offense? It is deemed a felony crime for anyone to possess a firearm and have an intention of committing a crime, like an attempt of commission of an escape, or the act of a dangerous felony.

Other reasons you may need to post weapons charge bail are: 

  • A person that has a valid permit to carry or authorization to possess a weapon and is under the influence of alcohol or drugs will be charged with a Class A misdemeanor.
  • A person consuming alcohol in public while in possession of a firearm will be charged with a Class A misdemeanor.

What is an example of assault with a deadly weapon?

Each state has their own description of what is considered a deadly weapon, which will determine what weapons charge bail amount the judge sets at arraignment.  The State of Tennessee deems a deadly weapon to be any object that can cause a death or can cause serious bodily injury. The State of Tennessee has ruled that body parts, like feet and fists are not a deadly weapon. What is seen to be a deadly weapon in Tennessee that could have a weapons charge bail posted is a rope that could strangle another person or even a baseball bat or metal pipe that can be used to strike another person.

What is the charge for carrying a concealed weapon?

Yes, this state that is somewhat lenient in handgun laws does have some basics to be followed. A vague description in the Tennessee statute reads that the unlawful possession of a weapon can include: 

  • A firearm
  • A knife with a 4” or longer blade 
  • A club or device that can be used as club

A first offense of unlawful possession of a weapon charge, bail will be determined by the judge for this Class C misdemeanor. The potential sentencing can be a maximum of 30 days jail time with a maximum fine of $500.  A second offense for weapons charge bail will be determined by the judge for this Class B misdemeanor. Sentences could lead to a maximum of six months jail time plus fines to be determined by the judge. Other circumstances a defendant could face may be a felony weapons charge bail when a firearm was involved while in a public place or if a previously convicted felon. 

In Tennessee, what are the different types of weapons charges?

The state’s laws govern the use, possession, sale, and transfer of weapons, including firearms, knives, explosives, and other items. Weapons charges bail can be for a misdemeanor or felony offense subject to harsh penalties. Those penalties include significant fines and incarceration for the following weapons offenses:

Prohibited Weapons

There are specific types of dangerous weapons that is considered a crime to possess intentionally or knowingly, or sale, manufacture, repair, sell, or transport: 

  • Explosives
  • Machine guns
  • Short-barrel rifles
  • Shotguns
  • Knuckles
  • Other items that can inflict serious bodily injury or death

Unlawful Possession of a Weapon

Misdemeanor weapons charge bail may be required for carrying a club or firearm in the state with intention of causing harm.  It is unlawful for anyone with a prior felony conviction, or for a defendant with prior drug convictions or violent felony convictions, to possess a weapon. A domestic violence conviction in some situations may also prevent possession of a firearm. 

Possession of a Handgun While Under the Influence

Even with authorization or a carry permit, you will be posting weapons charge bail for having possession if you are consuming or under the influence of alcohol, drugs, or a controlled substance. 

Possession of Firearm During Commission of Felony

Possession of a firearm with the intention to commit or attempt to commit a dangerous felony is itself a felony under Tennessee law. 

In Tennessee, concealed weapons criminal charges are as follows: 

A first violation of illegally carrying a firearm without a valid gun permit is a Class C misdemeanor. Penalty will include a maximum fine of $500 and maximum 30 days incarcerated. A second violation is a Class B misdemeanor with a maximum fine of $500 and a maximum of 6 months incarceration. 

In Tennessee, Federal weapons charges mean that a person arrested for any of the following will be faced with posting felony weapons charge bail: 

  1. An explosive or explosive weapon is a Class B felony with punishment of maximum 30 years in prison
  2. Machine gun is a Class E felony with punishment maximum of 6 years in prison
  3. Short-barreled shotgun is a Class E felony with punishment maximum of 6 years in prison
  4. Firearm Silencer is a Class E felony punishment maximum of 6 years in prison
various kinds of weapons

Closing Words

With open carry possible in Tennessee, is a gun charge serious? Absolutely, and if you’re not following the letter of the law, you can find yourself waiting to learn your weapons charge bail amount during an arraignment.  

It is important to hire a defense attorney when facing something this serious. They will know how the system works, lead you through the process and can often design a defense that knows how to get assault with deadly weapon charges dropped or reduced so that your punishment isn’t as severe.

Can you bail someone out of immigration charges?

US passports and judge's gavel

Understanding the Immigration Problem

When most people think of immigration issues, the southern border or the Canadian border comes to mind. But immigration is an issue all across this country, both legal and illegal, including here in Tennessee, which points us in the direction of our topic today: Immigration bail bonds

How do immigration bail bonds work?

ICE (Immigration and Customs Enforcement) has the authority to arrest an undocumented person, or someone suspected of being undocumented, and take them into custody. A deportation officer will determine if that person should have access to an immigration bail bond via an immigration bail bonds agent. 

Immigration bail bonds work the same way standard bail bonds work for other types of arrests with a few minor differences. Whereas standard bail bonds allow an arrested person to be released until their criminal court date, immigration bail bonds allow the suspected undocumented person to be released from the ICE detention center until their hearing. 

What happens if an immigrant gets arrested?

An undocumented immigrant may be arrested by ICE or an LEA (legal enforcement agent), like local or state police. This arrest will usually take place when an undocumented person has been pulled over for a traffic violation, at which time their immigration status is discovered. 

After an LEA has arrested a non-citizen that cannot prove their documentation, ICE may be contacted. Sometimes, after a person is arrested and the LEA enters their information into the system, ICE is signaled about the database entry. In either case, ICE may request that the LEA interview the person and detain them in their facility until an ICE proceeding can be held. 

Are immigrants less likely to get bail?

An undocumented immigrant is not as likely to have the funds, or access to funds, to obtain immigration bail bonds. There are agencies and groups that offer help to these immigrants, but they have limited funds, and aren’t always able to help when asked. 

What are the types of immigration bonds?

There are two types of immigration bail bonds: 

  • The Voluntary Departure Bail Bond: These types of immigration bail bonds are given to undocumented immigrants that have agreed to leave the country at their own expense within a certain time frame. Voluntary Departure Bail Bonds can be granted prior to the start of or completion of removal proceedings.
  • The Delivery Bond: These immigration bail bonds are similar to standard bail bonds for other crimes and temporarily release the detainee on the condition they appear at all mandated court appearances.

What happens after immigration bail?

Once immigration bail bonds have been paid in full, the detained immigrant is usually released the same day and allowed to return to their local home until their immigration hearing. This leads to another question – how much is immigration bail?

The amount of immigration bail bonds is determined by either ICE or an immigration judge. The amount can vary based on the following factors: 

  • The immigration status of the detainee
  • The employment status of the detainee
  • The criminal history of the detainee
  • Family ties in this country

The typical minimum amount for an immigration delivery bond is $1,500. However, depending on various risk factors, a judge can raise immigration bail bonds to $10,000 or higher. The higher the judge sees the detainee to be a flight risk, the higher the bond is set. A Departure Immigration Bail Bond will cost a minimum of $500. 

Can you bail someone out of immigration detention?

Because there isn’t a flat rate for immigration bail bonds, and the amount is based on the facts we listed above, bail cannot be obtained until ICE or an immigration judge has set the bail amount. ICE can release a detainee on their own personal recognizance, in which case immigration bail bonds aren’t necessary. 

Will immigration bail bond companies refund immigration bail bonds? 

No – immigration bail bonds are refunded by the Debt Management Center, and the process can take upwards of two to three months. It is important to follow the process set in place on how to get immigration bail bond back. Once the person detained has completed all the immigration bail bond requirements, including hearings and deportation orders, ICE will send Form I-391 (immigration bond cancellation) to the person that obtained the bond and a copy to the Department of Homeland Security, which acts as the Debt Management Center.

When the obligor (the person that obtained the bond) receives Form I-391, the form and other materials must be sent to the Debt Management Center. The other materials include: 

  • Form I-305 (or if that form has been lost, you may replace it with Form I-395 that has been notarized)
  • Form I-391 (the notice)
  • A copy of Form I-352 (the bond contract)
US flags in a row

In Closing 

Immigration bail bonds and hearings can be confusing. The aid of an immigration attorney is recommended, but not all immigrants can afford this type of help. For them, there are groups and organizations that provide help at no charge. However, they have a long waiting list and limited funding. Fortunately, by working with a company offering immigration bail bonds you can usually gain some insight to help you through the process.

What are immigration bail bonds?

Handcuffs next to a passport.

Understanding Immigration Law

Immigration issues aren’t just along the southern borders. Other states like Tennessee have needs for immigration bail bonds too. Immigration bail bonds are like a standard bail bond, but for immigration purposes. 

When ICE (Immigration and Customs Enforcement) arrests a person suspected of being undocumented in this country, they are taken into custody. The decision on allowing any immigration bail bonds to be issued is that of a deportation officer. There are two different types of immigration bail bonds: 

  • Voluntary Departure Immigration Bail Bonds: These are granted to undocumented immigrants that have agree to leave the country at their expense. They are given a set time frame in which they must depart. The standard removal proceedings are not always necessary before these immigration bail bonds are issued. 
  • Delivery Immigration Bail Bonds: Immigration bail bonds of this type work like regular bail bonds, allowing detainees to be released on a temporary basis with the condition they will return for all mandated court appearances. 

What is mandatory detention under immigration law?

Mandatory detention is a provision of the Immigration and Nationality Act (INA) that states any non-citizens with particular criminal convictions are to be detained by ICE. Those who are subjected to the mandatory detention provision are not entitled to an immigration bail bond hearing and will remain detained until removal proceedings are forthcoming.

The purpose of immigration detention is for holding individuals that are suspected of illegal entry, unauthorized arrival, or visa violations. Immigration detention may also be implemented for an immigrant that is subject to being deported and removed until immigration authorities have decided to grant them a visa and release them or return them to their country of origin.

How long can ICE hold you in jail?

If an officer of the Immigrant and Customs Enforcement believes that an arrested immigrant can be any danger to the general public, they will request Immigration and Customs Enforcement to hold the person until they can be transferred for a hearing. Immigration and Customs Enforcement can hold a suspected illegal immigrant for forty-eight hours. During this time, they begin the process of transferring the detainee. 

What happens at an immigration bond hearing?

When an illegal alien is detained, the first thing that takes place is they are issued an alien number, referred to as the “A” number. This will be how their families or immigration lawyer can find information about them. 

ICE will then determine if they are eligible for an immigration bail bonds. They are then allowed to contact a family member or immigration lawyer. At that point, that person is able to post bail for them if they were granted bail by ICE. If their bail was denied, they will be granted an immigration bail bond hearing. 

What takes place at an immigration bail bonds hearing will depend on what the person has been detained for. A simple immigration violation like a minor criminal infraction or overstaying a visa, simply will need to prove they are not a flight risk and will return for all court mandated appearances. This can be done by any of the following measures: 

  • Demonstrating they have family ties here
  • Demonstrating they have community ties
  • Provide proof an immigration lawyer has been obtained
  • Demonstrate plans for a solid case
  • Provide evidence of any immigration benefits eligibility plans 

Any illegal alien that is suspected of criminal issues like being charged or convicted of a crime must convince they are not any danger to the general public. This can be done by submitting evidence of character in good standing and anything that will overshadow the crime that was committed. 

What are the chances of getting an immigration bond?

Nationally, one in every four persons detained by ICE for immigration reasons is released on immigration bail bonds. That was just over 23,500 in May of 2018. The median cost of bail bonds for immigration between 2001 and 2014 was $5,000 with the average cost at $7500. 

Not only does a suspected alien need to demonstrate their good intentions, but they also need to produce the money for immigration bail bonds. In addition, they have the expense of an immigration lawyer. As with regular arrest and bail bond filing, if they have had gainful employment, they will likely lose that job and have trouble securing another job. With lack of employment, all the other things fall into place like buying food, paying rent, etc. 

How do I get a bond?

Immigration bail bonds are technically a “surety bond”, or a contract between three parties: 

  • Homeland Security
  • The Obligor (Surety) and co-obligor (Agent)
  • The principal aka alien or defendant

The Obliger/Agent are guaranteeing Homeland Security that the alien defendant will appear at all mandated court dates after being released on immigration bail bonds. If there is a co-signer (Indemnitor), they are guaranteeing the immigration bail bonds agent the defendant will appear at all mandated court dates. 

The Indemnitor pays the bail bond fee, many immigration bail bond companies have a fixed fee based on the bail bond total. Other immigration bail bond companies have an annual premium that is a percentage of the set bail bond with a 2-year minimum. The annual premium method is the more expensive option. 

To arrange immigration bail bonds, collateral is required, typically this is equity in a home or a credit card. Immigration bail bonds companies have other creative ways for collateral to be set in place. 

Gavel next to a pile of money.

Closing Words    

Are immigration bail bond refunds possible? Yes, after the defendant has been released, the obligator that paid the bond will get their money back once the following has been completed: 

  • The defendant met all court mandated appearances
  • The defendant was granted legal status or was deported
  • The obligator has completed Form I-391 from ICE

For any person that is arrested on immigration issues, it is to their benefit to seek the services a lawyer that specializes in immigration bail bonds and immigration status requirements. This isn’t something to navigate alone. The immigration laws are confusing in Tennessee and across the country. For more help with immigration bail bonds, get in touch with Advanced Bail Bonding at 901-476-1125.

Which Attorney to Hire?

attorney at work

When you need an attorney

You’ve been arrested, booked, and arraigned on a misdemeanor charge, or maybe it was a felony charge. You called a family member to bail you out and you have been given a court date to appear before the judge and plea your case. Now you need to hire an attorney before that court appearance, and you’re wondering, ‘which attorney do I need?’, among many other questions. 

Read on as we answer a few questions and provide some helpful tips on finding the right criminal law attorney for the charges you’re facing. With the first question being, is an attorney and a lawyer the same thing?            

Let’s take a moment to differentiate between the two terms, attorney vs lawyer,  so that we have a better understanding of which one  you want to call when charged with a crime. While both is somebody that has an education in law, there are  technical differences between an attorney and a lawyer. 

The duties of an attorney and a lawyer are distinct as the definition. Both an attorney and a lawyer have a formal education and training in the law, but they utilize their education and training in different ways. These are explained as follows: 

  • The word attorney comes from the French with the meaning “to act on the behalf of others”. It is an abbreviation of “attorney at law”, the formal title of a person that is educated and trained in matters of law, and practices that training in court. A basic definition would be a person that is a ‘practitioner in a court of law’.   An attorney practices law in a court room after passing the bar exam. Passing the bar exam is a requirement and they are given a specific jurisdiction and must abide by a code of ethics. They are allowed to practice civil law and criminal law.
  • The word lawyer come from Middle English origins, and references a person that is educated and trained in law by attending law school and has passed the bar exam. A lawyer has completed law school as well as passed the bar exam. However, a lawyer may become a legal advisor or consultant in a specialized field where they provide legal advice to persons needing such help with areas like estate law, immigration law, or tax law. 

How do I find an attorney in my area?

 In Tennessee, to find an attorney, asking someone you know that used the services of an attorney is one of the best ways. Or you can contact a referral service through the local state bar association which you can access through an internet search. 

Many attorneys will off a consultation for free or a low rate where they will discuss the details of your case. This is a question and answer sessions for both the attorney and you. The goal of a meeting like this to help you find the right attorney for you that you’re comfortable with and have a trust factor. Here are recommended questions that you should ask during this consultation meeting. 

1. How long have you been practicing law?

An attorney’s expertise and experience can have an impact on how your case is resolved. A veteran attorney will usually have more experience with the judge assigned to your case than a beginner attorney. 

2. What type of cases do you handle, misdemeanor vs felony and what percentage is your practice devoted to handling in this area? 

If the majority of an  attorney’s practice is for adoption or divorce, this may not be the attorney for your felony drug charges. Just because they know the laws for felony drug charges doesn’t meant that is their area of expertise. 

3. What is the typical client for your practice?

This is an often-overlooked question that is essential in choosing the right attorney. If this attorney handles corporate cases, they may not have the time for misdemeanor shoplifting case.  Is this attorney caseload mostly individuals of high net worth or college students? That can speak volumes in the type of clients the represent and how they represent them. 

4. How many cases similar to mine have you had?

An attorney’s track record is important and not an area you should be shy about asking. If they have handled 100 cases like yours and got favorable results with wins, this is the attorney for you. 

5. Do you have special training other than your law degree? 

If your case is a DUI, you don’t need an attorney that has focused on patent cases.

6. What are your costs, fees, and rates? How do you bill your clients? Will you handle all aspects of my account or does your legal assistant, paralegal, or secretary handle most of the process? 

You need to know up front if you’re able to afford this attorney’s services. Knowing what you’re expected to pay upfront and throughout your case  is important upfront. If they need a $10,000 retainer, do you have that kind of money? 

7. What is your philosophy in representing your clients?

There are two ways every case can be approached by an attorney. For instance, if you’re filing for divorce and want to keep it amicable, you do not need an attorney with a “go for the kill” approach. On the flip side, maybe you want an attorney with that approach in closing a corporate merger, you don’t need a passive attorney. 

8. Are there different ways to resolve this legal problem?

Yes, this is asking the attorney if there is a way to handle this without using their services, but it doesn’t hurt to ask. They may recommend  arbitration or other options outside of court. A good attorney won’t hesitate to suggest other ways that won’t cost as much nor take up as much time. 

9. How will you keep me updated on my case?

Communication between you and your attorney is key is a successful case, both directions. Ask the attorney the frequency you’ll be updated and what type of circumstances. You should hire an attorney that keeps you updated regularly and when something significant comes up, especially court dates. 

10. What you see the outcome of my case to be?

Nobody can tell you for sure what the future holds, but this is a fair question to ask any attorney that you’re considering. If they don’t see any positive results but see you doing time behind bars with no parole, then you should keep looking.  Check their standing with the State Bar Association. 

shaking hands

How do you talk to a lawyer?

Once you have chosen and hire a lawyer, here are on some tips on how to communicate with them: 

  • Be as honest and candid about your case. The more your lawyer knows, the more they can help you with your case.
  • If you have concerns, ask questions. If don’t understand something, ask the lawyer to explain it to you. 
  • Make sure you understand the costs and fees your lawyer charges, and what your  obligations are in paying them.
  • Including a third party with your legal counseling could jeopardize your case and your relationship with your  lawyer. There are laws regarding lawyer-client confidentiality, which your lawyer can explain to you before you bring a third party into the picture. 
  •  Provide your lawyer with any and all documentations at your first meeting. This include any emails, physical letters. Then bring them anything you get after you have signed a contract for their representation.

What if you can’t afford a lawyer, you may be wondering, how do I find a pro bono lawyer? Depending on your case and financial situation, there are a variety of strategies that can be utilized in getting free or cheap legal advice and assistance. 

In a criminal case, when you’re arraigned before a judge, it is the constitutional right that a person who can’t afford an attorney is appointment one by the courts. However, in civil case, such as a dispute between two parties, like a divorce or issue with a neighbor, you need to be creative in getting legal help. A few ways you can do this are: 

  • Contact the courthouse where your case is filed.
  • Seek free consultations by attorneys and lawyers.
  • Check with the local legal aid society.
  • Contact a local law school.
  • Contact the county and state bar associations.

Call 901-476-1125 today for your bail needs in Covington, TN.

What is the most common driving violation?

police lights on car

What are some common traffic violations?

No driver in the State of Tennessee wants to face traffic charges, no matter how small the issue. In addition to the traffic charges fines, traffic charges can raise your vehicle insurance rates and affect your credit score. 

Tennessee’s DOL (Department of Licensing) does have a point system for traffic rules break, charges and penalties do exist,  and among those penalties include driver’s license revoked or driver’s license suspended for repeat violations like speeding and other unsafe driving exhibitions. Fiver of the traffic charges most common are: 

 1. Texting and Driving

In the State of Tennessee it is illegal to operate a vehicle and use a wireless device or stand-alone electronic device. This includes cell phones or other text-messaging devices, a personal digital assistant or stand-alone computer, or a GPS system. This is a Class C misdemeanor and has a fine between $50 and $200.

2. Seatbelt

In the State of Tennessee a seatbelt must be worn while operating or riding in a moving vehicle. For passengers under the age of four, the driver is responsible for them to be appropriately seat belted or in an appropriate safety seat. This is a Class C misdemeanor traffic charge that comes with a punishment of a minor fine or the driver could be arrested. 

3. Emergency Vehicles

The State of Tennessee has a “Move Over” law that requires drivers to move to the side of the road when an emergency vehicle is approaching with activated lights. This is a Class B Misdemeanor for the first offense, punished by a fine of $100 minimum. A second offense is punished with a minimum fine of $500. A third violation of this type of traffic charge is a Class A misdemeanor with a minimum fine of $1,000.

4. Drunk Driving and Open Container

In the state of Tennessee, there are two state laws and penalties paired together. Driving under the influence of alcohol and to drive with an open container of alcohol. Even with a BAC (Blood Alcohol Concentration) of .08%.

Violation of these two laws is punished with fines up to $15,000 and time behind bars. Additional fines for vehicle towing or vehicle storage are additional. Penalty is enhanced if a minor is in the vehicle at the time of arrest. 

5. Construction and School Zone Speeding

In Tennessee, traffic charges for a speed clocked at 70 mph or higher is unlawful on any state highway or interstate. In a construction zone or school zone, the penalties start at $250 and can reach up to $500.00. 

What are the worst traffic violations?

Tennessee ranks as the eight state for having the worst drivers, not something any state wants to brag about.  Eighty percent of the drivers in this state are insured, leaving 20% on the road uninsured. The worst traffic charges for Tennessee are uninsured motorists. 

What is the most expensive traffic ticket?

Worldwide, the most expensive traffic ticket was issued in Switzerland for speeding in the amount of 299,000 Swiss francs, approximately $290,000 in American currency. The traffic offense was for doing 35mph over the posted speed limit.  

In comparison, a Tennessee traffic signal break, charges for this Class C Misdemeanor can carry a fine of $50 plus court cost and fees. A 30 day jail time may be imposed in addition to the fine. A speeding ticket fine can be as little as $40 and up to $150, depending on where the violation is and how fast the driver was clocked going. In Tennessee, moving violations like speeding tickets points can add up fast on your driving record, with more than 12 in a year resulting in loss of license. 

person arrested at a traffic stop

What state has the most traffic fines?

In most states, a speeding ticket is nothing more than a minor annoyance and in others, it can be a significant financial impact. Nebraska wins the contest of having the highest traffic charges, check this fine out: 

  • For speeding in the State of Nebraska of 35 mile per hour over the posted limit, the traffic fine  is $300. If you’re clocked speeding in a construction zone or school zone, that fine is doubled. 
  • In Delaware, a first-time speeding offense will get you a fine as low as $25 and as high as $200. For a second speeding offense, your fine can be as high as $400. North Dakota has a graduated system for traffic charges , starting at a $43 base line then $1 for every mile per hour over 10.
  • In Wisconsin, speeding traffic charges can have you paying as much as $600 and in 
  • Connecticut the base for traffic charges of speeding starts at clocked speeds over 13 mph at $62. Then add in other fees and fines, you’ll end up paying traffic charges of $176.00. 

In the state of Tennessee, if it is possible, how and why charges get dropped by the courts? Yes, it is possible to request and be granted to attend a traffic school course. This will keep the traffic charges for speeding off your state driving record, which will keep the points off too, and the fines are usually waived although you will have to pay for the class. Need traffic bail bonds in Covington, TN? Call 901-476-1125 today.

What are the 5 types of violence?


How serious is a domestic violence charge?

In today’s world, sadly, domestic violence has become more prevalent in American homes. Or possibly, thanks to the news and social media, it is made more apparent. In either case, domestic violence punishment is a top subject on the news front and the minds of the American people, and yet, many still ask, “Is domestic violence punishable?”.  

The answer to this is “YES” and it has been for many years, but surprisingly, there are household that see domestic violence as “It’s nobody’s business what’s going on in my home.” To some extent, that is true, but when it comes to domestic violence, there has to be an acceptable limit before law enforcement can’t look the other way. 

In the state of Tennessee, as it is in many states, there are different types of violence, and within the category of domestic violence, there are different types. For example, if a person is injured during a domestic dispute by person that had intentions of injuring them, that domestic violence is considered an assault. If a member of a family or a household is seriously injured by a person that has the intentions of causing serious injury, that type of domestic violence is considered and aggravated assault.

Domestic assault is when a victim that is family member or the household is assaulted can include any of the following person(s): 

  • The offender’s current or former spouse
  • A person that resides with or has previously resided with the offender 
  • A person that currently or previously dated or had sexual relations with the offender 
  • A blood relative or related by adoption
  • A person currently or previously related to the offender by marriage, and
  • A family member or household member of the offender to any person of adult age or a minor child.

Is a domestic violence conviction a felony?

In Tennessee, a domestic assault convictions is treated differently from other convictions. A domestic violence charge is seen and treated particularly serious with significant consequences.  

A domestic violence assault conviction is a misdemeanor with resulting implications similar to a felony in that the conviction prevents the convicted person will never be allowed to legally own a firearm. In addition, in the state of Tennessee, a domestic violence assault conviction will remain on the convicted person’s record, it cannot be expunged.

Is there domestic violence bail?

In Tennessee, the domestic violence bail will be based on the classification the domestic violence charge, typically 10%. As with arrest, bail is at the judge’s discretion and is set by a pre-determined schedule that has a range listed for each offense presented before the judge. 

How many years do you get for domestic violence?

The circumstances and evidence could have increased fines, and/or increased jail time at the judge’s discretion, especially for a person looking at repeat offenses. The following are four classifications in Tennessee: 

  • Class A is a misdemeanor that is punished by a fine of $2500 in conjunction with time in jail of eleven months and twenty-nine days. 
  • Class B is a misdemeanor punished by a fine of $500 with maximum of six months behind bars.
  • Class C is a felony with punishment no less than 3 years and up to 15 years behind bars and a $10,000 fine.
  • Class D is a felony and punished with no less than 2 year and up to maximum of 12 years in prison with a $5,000 fine. 

How do most domestic violence cases end?

As frustrating as it is, a majority of domestic violence defendants are a first time offender of any offense and the domestic violence charges end up dismissed, but only haver kept in jail for a minimum of twelve hours. The end goal of this twelve-hour holding is considered to be a cooling off period so that the accused is less likely to attack the victim immediately. 

There are several conditions set forth by the court before this accused person is released from custody. Among those conditions include no contact between the accused and the victim, even if that means their own home, other arrangements need to be made. GPS monitoring is often required so the courts can follow the accused to assure they are following the requirements of their release.

Once a domestic violence case goes to court, the procedures vary in most states. This special courtrooms, prosecutor, and judges. The policies presented are created for domestic violence cases only, including the fines and punishments, and possible counseling for domestic abuse and domestic violence, for all parties involved. 

police car

How does domestic violence affect the victim?

Domestic violence doesn’t just go away when the front door opens to a home. It tears the lives of everyone involved and those around them apart, including the community. It isn’t only a personal matter, but it is a social matter with economic effects. The victim of domestic abuse has effect that can result in illness, injury, even disability and death. The emotional and psychological damage is deep and lingering, many become homeless, and fall to alcohol and drug abuse as an escape to ease their pain. 

The family unit is often destroyed with frequent moves and constant conflict in the home. Everything becomes an issue, often resulting in involvement of law enforcement and child protective services. Children learn how to disrespect and dishonor parents and family members, often see a parent or adult figure being arrested, and they too will grow up looking to alcohol and drugs for easing their pain. 

The victim and those around them, especially children, will have low self-esteem, become depressed and live with a level of anxiety that can run others away. They develop eating disorders and have trouble with sleeping, managing stress, and many turn to self-harm to cope with their childhood. 

We’ll never be able to omit domestic violence totally in this world. What we can do is learn how to cope with it ourselves and learn how to help those who are victims. In some ways, we can it to be hereditary, but it doesn’t have to be. Call 901-476-1125 today for bail bonds in Covington, TN.

How Can I Bail Someone Out With No Money?

traffic bail bond

Does Bond Money Go Towards Fines?

If you have fines that are the result of a traffic conviction, you may wonder if your traffic bail bonds will cover some of the fines. While theoretically, it would be nice to see your bail bond money pay for fines, it simply doesn’t work that way in the judicial system. Alternatively for the bail bondsman, if the conditions of the bail bond have been performed then the clerk of the court will return to the bondsman the deposit of any cash.

How Can I Bail Someone Out With No Money?

If you are without cash and you need to bail someone out, it’s important for you to understand if you have options. The entire bail amount can be very expensive, which is why most people use a bail bond agent. With a bail bond agent, you won’t have to pay the entire amount of the bail. Instead, you will only have to pay ten percent of the total amount. You can speak with other family and friends about contributing if you do not have all the money ready at once.

What Crimes Can You Not Get Bail For?

There are a number of crimes that it can be difficult to get bail for. In order to understand more, please review the following list.

  • Capital crimes.
  • Violent felonies. This is especially true if there is a large likelihood that the defendant’s release would result in great bodily harm to other people.
  • Felony sexual assaults.

If the defendant poses a great threat to society, the presiding judge may decide to withhold bail. It is up to the judge’s discretion, and the seriousness of the defendant’s crime.

Why Do You Only Have to Pay 10 Percent of Bail?

When you are in police custody, the presiding judge will set a certain bail amount for your release. If you, the defendant, cannot pay the bail amount on your own, you can see help from a local bail bond company. In order for your bail bond company to agree to post your bond, you must pay ten percent of the total bail amount. Later, when you have completed the requirements for your case, your bail bond company will keep the ten percent bail amount that you gave them for your release. 

Can You Bail Yourself Out?

Are you hoping that you or a loved one can bail yourselves out? Unfortunately, that is not a possibility. Even if you have a debit or credit card, you will need to use a bail bond company to set up the terms of your release. You can pay the premium on your card, which can be debit or credit.

Bail Bonds for Traffic Tickets

In the state of Tennessee, you can contact a bail bond company to secure the terms of your bail. Your bail bond company is entitled to charge you, the defendant, with a non-refundable fee of up to ten percent of the overall bail amount. For instance, if you are charged with a one-thousand dollar bail, then you will need to pay your bail bondsman one hundred dollars in order to be released from police custody.

How Much is Bail for a Traffic Ticket

When you live in the state of Tennessee, it’s essential to recognize that the state of Tennessee governs its bail bonds system. A bail bond can be defined as essentially an insurance policy that is offered to the defendant on behalf of the terms of the court. The defendant must show up at the right allocated time to all court appointments in order to fulfill the terms of the bail. After all the terms of the bail have been fulfilled, the defendant can be released from the terms of their bail, and the bail bond agent will keep the ten percent furnished upon original release.

What is a Bond on a Traffic Ticket

If you are wondering what bond is on a traffic ticket, it will be important for you to understand everything that is involved. A bond amount is understood to be the amount of cash that you can post with the court in order to get the case in front of a judge or prosecutor. Once the bond has been paid, the money will be held until the court date and any other follow-ups.

traffic ticket bail bond conference

How to Pay Bond for Traffic Ticket

If you are struggling to pay the bond for a traffic ticket, friends and family will be great for you to turn to. With the provision that you only have to pay ten percent of the overall bail amount, you will hopefully have enough wiggle room to allocate your way to justice and to the outdoors.

If you need more information about bail bonds for traffic tickets in Covington, TN, please feel free to access us at 901-476-1125.

How common is package theft?

package on porch

Is package theft a crime?

‘Tis the season to be jolly and ‘tis the season to have packages stolen from your porch. Package theft is the latest craze of thieves, and while it happens all year long, the holiday time is the busiest time of the year for them. It used to be mailbox theft, and while that is still around, package theft in the U.S. has become worse. 

The criminal statutes state that “a person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.” What that means is that it is considered theft if you take something of somebody’s and have no intention of returning it, including porch package theft. 

Tennessee, like most states, classify a theft offense by the value, including package theft at this time.  There is legislation in place that would make package theft more severe crime to include jail time instead of the misdemeanor or petty theft, the lowest level offense at this time.

What kind of crime is it to steal a package?

 Because package theft is a relatively “new” thing in the world of crime, what with online shopping at an all-time high, the package theft laws have not been revised for most states. As we mentioned above, in Tennessee, there is legislation in place that will make package theft a more serious crime. Those caught, arrested, found guilty of package theft, from mailboxes, porches, any residential drop off place, punishable by time behind bars. 

What happens if you get caught stealing packages?

 The punishment for a first-time package theft crime offense would be based on the value of the article stolen. The legislation presented in Tennesse has stipulated that any subsequent package theft offense to be classified as a Class D Felony which carries a punishment of twelve years incarcerated and a $5,000 fine. 

Is porch piracy a federal crime?

It is a video that we have seen more than one over the past few years. A person walks up to a porch, takes a package that a delivery service left behind, and then walk off with it. Package theft is a crime on the rise and there doesn’t seem to be an end in sight. In fact, with an increase in online shopping, we’ll probably see, and experience, more package theft. Criminals seem to get bolder and braver every passing day. 

While the local law enforcement across the country is cracking down on this activity, the penalties they face in most states is nothing more than a slap on the wrist. Why? Unless they are taking it out of the mailbox, it is not a federal crime at this time. So, front porch package theft isn’t going to be as seriously punished as if they were to take something out of your mailbox.

However, as porch package theft increases, the more states are considering making it a felony when caught. In Texas, that felony charge could land a person behind bars up to ten years. California, Michigan, New Jersey, and South Carolina are working through legislation along those same lines for package theft. 

What is the penalty for porch Pirates?

It happens to almost 40% of all Americans. Annually, tens of millions of residents have been the victim of package theft. The act where FedEx, UPS, or USPS leaves a package on a front porch and somebody comes along and takes it. With the Ring doorbell ap, we’re seeing more evidence of with a ‘live at five’ footage.  Yet, those thieves just keep up the package theft work like it’s another workday. 

Several states have taken matters into their own justice system and made it a felony, slammed stricter punishment to those caught in the act of package theft. Other states have legislation waiting to be vote on, like Tennessee.  What does the legislature in the Volunteer State have in mind for punishing those charged with package theft? 

  • First Offense: No changes, the punishment would remain as it is now and charged as a misdemeanor based on the package value. 
  • Second Offense: Package theft charge would be faced with a Class D Felony, punished with jail time as little as two years and as much as twelve years, in addition to a fine of $5,000.00.
packages and porch pirates

What Can Residents Do About Package Theft?

First thing would be not shopping online, but it is highly unlikely that is going to happen, especially with the COVID-19 scare. Another option is to have packages sent to somebody else’s home. That is a great solution if that person is going to be home!  

One of the most popular package theft deterrents being used today is the video camera. There are aps available so that your cell phone advises you somebody is on your porch.  Many of these allow you to talk to that person, some funny videos have shown the reactions. 

Another deterrent is to leave packages on your porch yourself filled with something that is really going to be a disappointment, like a box full of animal or human waste. This could backfire though if the thief decides to retaliate in some manner. Those videos have not made it on the air … yet. Call 901-476-1125 today for bail bonds help in Covington, TN.

How to Stay Safe During the Holidays

DUI imagery of a glass of whiskey, cuffs and car keys

What does DUI stand for? 

Labor Day has come and gone. Halloween has come and gone.  Now the ‘good’ holidays are on the way! Are you ready? There is an old saying, if you’re gonna be stupid, you gotta be tough. (Or maybe that’s just my family?). How does that old saying tie into the holidays? The possible need for DUI bail bonding for DUI, DWI, or public disorder, domestic altercations, etc., etc.

DUI is the acronym for Driving Under the Influence.  Driving under the influence is a crime to operate a motor vehicle while you are impaired by alcohol or drugs. Those drugs can be either physical prescribed or recreational. The consumption of alcohol or drugs can render your ability to safely operate a motor vehicle or machinery.  

What is DUI bail? 

A DUI bail is like any bail. After being arrested for a DUI in Tennessee, or any state, you are incarcerated until a judge sets bail at your arraignment. They will set bail based on the crime, previous arrest record, and other factors that may have an influence on the judge. 

You may post bond yourself if you have the cash, or you can call family or friend to post bail with a bondsman or call an attorney. Sometimes, with a DUI it isn’t very frequent, you could be released on your own recognizances in lieu of posting DUI bail. 

How common is getting a DUI?

Unfortunately, there seems to be an increase for DUI bail and the holidays. It is the time of year where we have gatherings and attend parties.  This is the time of year people are drinking to celebrate the holiday or to drown their sorrows. Some of us know when to call it quits and go home or get a ride home. Some of us don’t know when or don’t’ realize that we’ve had enough to drink to be considered intoxicated. 

Do you have to get bailed out for a DUI?

Tennessee has harsh DUI laws and if you are pulled over for DUI suspicion, you can be fairly sure you’re getting arrested, even if you pass a breathalyzer test. The punishments for DUI in Tennessee are severe, even a first-time DUI arrest could get you 12 months behind bars. 

 A bail bondsman or attorney may be able to get you released by posting a DUI bail if the sheriff agrees to the request before you see a judge.  The 

presumptive amount is typically $1,500 for a misdemeanor and a felony DUI starts around $2,000. Other charges could be added such as a child passenger withy you or an open container. 

Most  Tennessee households do not have $1,500 set aside for unexpected emergencies like DUI bail. This is where having an attorney represent you is helpful.  They will request a DUI bail adjustment hearing. The factors the judge will consider in DUI bail reduction are: 

  • Offense Severity: If an accident, injury, or death involved, or other crime committed while under the influence. 
  • Criminal History: If the person has a criminal history, how old the criminal history, is the current related to any of the past criminal activity, etc. 

Tennessee judges have great amount of discretion at this DUI bail hearing. Having assertive legal representation is crucial for a successful outcome.

How long can they hold you in jail for a DUI?

In Tennessee, the minimum sentence for a DUI Class A misdemeanor charge is forty-eight hours to 11 months and twenty nine days for a first time offence. There are court costs and fines to be paid, community service to be served, and loss of license for one year. 

A second DUI conviction is given a minimum of forty-five days in jail and up to eleven months and twenty-nine days. Court costs, fines, and community service are given as well as a loss of driver’s license for two years. 

The court cost and fines for both of these instances is in addition to the DUI bail bond posted. There are obligations to the bail bondsman that will need to be paid, as well as any fees the attorney charges. 

How a DUI affects your life?, Is getting a DUI a big deal?

Yes, a DUI is a big deal and will seem to be never ending. Unfortunately, the arrest, arraignment, court costs, fines, and DUI bail are just the tip of the iceberg. As we mentioned, there are fees to be paid to the bondsman that issued the DUI bail, if you have an attorney, there will be those costs to pay. These are all monetary and nothing compared to what is to come in long-term shock wave. 

  • Loss of Driver’s License – A DUI conviction in Tennessee will result in revoked driving privileges for as little as 12 months up to 2 years, possibly permanently. This can make your daily life like going to work, the store, taking your kids to school and activities challenging. 
  • Background Check – Today, more employers conduct credit and criminal background checks before hiring. A DUI conviction will appear either as a misdemeanor or felony, taking away your opportunity for a job with a future. A criminal background check can affect college admission and financial aid, housing applications, and more. 
  • Employment – Depending on your job, a DUI conviction can limit your ability to do your job between no longer licensed to drive and the time you’ll need to attend appointments and court dates, the required community service, and more. 
  • Auto Insurance – You can expect your DUI conviction to cause your auto insurance to increase as you will now be labeled a high risk. You could even lose your policy. 
  • Professional Relationships – A DUI arrest can affect the way your coworkers, employers, clients, and vendors see you. Some may choose not to associate with you. 
  • Personal Relationships – This could be the most painful result with a DUI arrest or conviction. First, your family will be under strain from the financial repercussions. Other family members and your friends may not be comfortable associating with you, making you feel embarrassed and ashamed. You may start having resentful feelings toward everyone and become reclusive, not associating with anyone.  

Can a DUI be dropped?

No, not in the state of Tennessee. A DUI arrest and conviction is on your record the rest of your life. However, most employers, schools, etc. typically consider only the most recent 10 year period for a first time offense. 

responsible adult turning over keys

Staying Safe This Holiday Season

2020 has been a year for the books, needless to say, we all need to approach the holidays and year-end celebrations with extreme caution. Closing out this year quietly and hoping that 2021 comes in quieter and flows much easier! What can you do to make it a safe holiday season and not require DUI bail and to end the year healthy? 

  1. Wash your hands often 
  2. Bundle up when cold and wet outside
  3. Manage your stress naturally not with alcohol or drugs
  4. If you party, don’t drink and drive, have a DD or call an Uber
  5. Fasten your seat belt whether your driving or a passenger

The unexpected can happen. Need DUI bail in Covington, TN? Call 901-476-1125 today!

What Should I Know About Traffic Bonds?

bail bonds for traffic tickets

Do Bail Bonds Take Payments?

If you need monetary assistance with traffic bail bonds, it is important for you to seek out resources. You will be pleased to find that many bail bonds companies these days supply other bail bonds payment options. These options include wire transfer of funds, checks, credit cards, money orders, and more. As a matter of fact, respectable bail bond companies also provide their clients with an in-house bail loan program. It is quite lovely to be able to have options because money does not always come easily to all.

What Do You Do If You Can’t Afford Bail?

Are you in a situation where you can’t afford bail? If so, it will be important for you to review your options. Professional bail bond companies have provided many defendants with ways of paying for their bail. Bail bonds can be quite affordable. Please be sure to find a great bail bond company to work with, and make all efforts to show up to all court-mandated appearances.

Can You Go to Jail for Not Paying a Bail Bondsman?

If you are in a position where you need a bail bondsman, it is important for you to respect all the parameters involved. This extends to paying your bail bondsman. If you do not pay your bail bondsman the amount that you owe him or her, then your bail bondsman cannot put you back in jail. However, he can certainly file a lawsuit against you, the defendant, for the satisfaction of the amount of money that you owe him or her. 

What Happens If You Don’t Check In With Your Bail Bonds?

Are you wondering what can happen if you don’t check in with your bail bonds? If so, please review the following bullet-pointed list to discover more.

  • If you forget or cannot check in with your bail bondsman per your schedule, it is important for you to call them as soon as possible.
  • Likewise, if you are unaware of your next court date, your bail bondsman is an excellent resource for you. He or she will be able to tell you applicable information as it pertains t your court case.
  • It is recommended that defendants stay away from people who are associated with why you were arrested in the first place. It is your civic duty to be a law-abiding citizen, which will bode well for you in court.

When You Bail Someone Out of Jail Are You Responsible for Them?

When you are involved with an arrest or bailing out someone who has been arrested, you may not be criminally liable for the defendant’s actions, but you will be held civilly liable. What does this mean? It means that you should be aware of all the implications of bailing out someone who was arrested. You will have a responsibility as an Indemnitor before you enter into a bail bond contract on your friend or relative’s behalf.

Bail Bonds for Traffic Tickets

Do you have traffic tickets or have been arrested for a traffic violation? Traffic violations include but are not limited to illegal parking, speeding, and reckless driving committed in the area. If you are in jail for a traffic-related offense or for driving under the influence, it will be important for you to review your options. A bail bond agent or bail bondsman can quickly become a true savior for you. If you have been jailed, you will be required to post a bond in order to be released before a set court date.

Bail Bonds Traffic Tickets

Traffic tickets can be issued for a wide range of offenses. FOr example, a simple citation can be issued by a policeman or policewoman for violations ranging from speeding to illegal parking. It is integral to be aware of the fact that citizens can also be in danger of accumulating more charges if they do not pay their fines or fees for traffic violations.

Bail Bondsman for Traffic Tickets

If you are seeking a bail bondsman for traffic tickets, you may be pleased to note that there are a number of bail bond companies that are likely serving your area. Your best bet is to seek out a very experienced bail bondsman who lists traffic ticket bonds on their list of services on their website.

bail bonds for traffic tickets

Bail Bond Traffic Ticket

The sooner that you contact a friend or relative to assist you in getting out of jail and paying your bail bond, the sooner you can hope to live unencumbered in society. If you use this opportunity to become a law-abiding citizen, you can use this experience to ultimately benefit you in the long term.

When you need assistance with bail bonds for traffic tickets in Covington, TN, we are the true experts to call. To get in touch with a bail bondsman, please reach out to us at our phone number, 901-476-1125.