(a) Any person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Source: U.S. DOJ “>trial on the person’s personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate.
(b) In determining whether or not a person shall be released as provided in this section and that a release will reasonably assure the appearance of the person as required, the magistrate shall take into account:
(1) The defendant’s length of residence in the community;
(2) The defendant’s employment status and history, and financial condition;
(3) The defendant’s family ties and relationships;
(4) The defendant’s reputation, character and mental condition;
(5) The defendant’s prior criminal record, including prior releases on recognizance or bail;
(6) The identity of responsible members of the community who will vouch for defendant’s reliability;
(7) The nature of the offense and the apparent probability of conviction and the likely sentence, insofar as these factors are relevant to the risk of nonappearance; and
(8) Any other factors indicating the defendant’s ties to the community or bearing on the risk of willful failure to appear.
[Acts 1978, ch. 506, § 15; T.C.A., § 40-1215.]