Tennessee Code Annotated
Tenn. Code Ann. § 40-11-102 (2026)
Bailable offenses
✓ current as of May 2026
Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great. After conviction, defendants are bailable as provided by § 40-11-113, § 40-11-143 or both.
Acts 1978, ch. 506, § 2; T.C.A., § 40-1202.
Notes of Decisions
Cited in 21
cases (9 in the last 5 years), 2001–2026 · leading case: In Re Sanford & Sons Bail Bonds, Inc., 96 S.W.3d 199 (Tenn. Crim. App. 2002).
In Re Sanford & Sons Bail Bonds, Inc., 96 S.W.3d 199 (Tenn. Crim. App. 2002). “Rather, a private, profit-driven bail bonding industry enables the average citizen to secure enough money to obtain release, in addition to relieving significant pressures upon local jails to house criminal defendants awaiting trial.”
Graham v. Gen. Sessions Court of Franklin Cnty., 157 S.W.3d 790 (Tenn. Ct. App. 2004). “When bail has been set, any sheriff or magistrate, or any other officer with authority to admit the defendant to bail, may take bail and release the defendant.”
State of Tennessee Ex Rel. Rachel Beth Haynes v. Allan Vincent Daugherty (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 40-11-102 (providing that “all defendants shall be bailable by sufficient sureties .”
State of Tennessee v. Jordan Worthington (Tenn. Crim. App. 2025). “2015); see also Tenn. Code Ann. § 40-11-102 (“Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.”
State of Tennessee v. Beau C. Vaughan (Tenn. Crim. App. 2015). “” Tenn. Code Ann. § 40-11-102 . There is no distinction between misdemeanor and felony offenses in the applicability of the bail statutes.”
State of Tennessee v. Joshua Hunter Bargery (2017). “In his brief, the Defendant argues that “when the same judge who decides to deny bail also becomes the trial judge, his impartiality has been removed.” He asserts that section 40- 11-102’s requirement that proof of guilt be “evident” for bail to be denied “requires the hearing…”
Earl Gene Davis v. Civil Serv. Comm'n Of The Metro. Gov't Of Nashville & Davidson Cnty. (Tenn. Ct. App. 2019). “I, § 15; Tenn. Code Ann. § 40-11-102 . Officer Davis argues that he did not deprive F.”
Ratliff v. Shelby Cnty., Tennessee (W.D. Tenn. 2022). “” Tenn. Code Ann. § 40-11-102 . rights to bail, phone calls, etc.”
State of Tennessee v. Andrew Jackson (Tenn. Crim. App. 2025). “3d at 306 ; see also Tenn. Code Ann. § 40-11-102 . “Bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required.”
State of Tennessee v. Heather Jackson (Tenn. Crim. App. 2025). “3d at 306 ; see also Tenn. Code Ann. § 40-11-102 . “Bail must be set as low as the court determines is necessary to reasonably ensure the safety of the community and the appearance of the defendant as required.”
State of Tennessee v. Dalton Bryce Patterson (Tenn. Crim. App. 2025). “See also Tenn. Code Ann. § 40-11-102 (“Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.”
State of Tennessee v. Craig Kitt (Tenn. Crim. App. 2025). “2015); see also Tenn. Code Ann. § 40-11-102 (“Before trial, all defendants shall be bailable by sufficient sureties, except for capital offenses where the proof is evident or the presumption great.”
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