Carter County Detention Center Inmate Bail & Bonds
Carter County bail and bond: the Elizabethton detention center and the Justice Center courts
People arrested in Carter County are held at the Carter County Detention Center, run by the Sheriff's Department from 900 East Elk Avenue in Elizabethton. The department answers around the clock at 423-542-1845. Look up a booking, a charge or a bond amount with Carter County Inmate Search before you call or drive anywhere. General Sessions Court and Juvenile Court meet in the Justice Center at that same address, so the jail and the first court date are in one place.
How do I find out whether someone is in the Carter County jail tonight?
Open Carter County Inmate Search and search the last name. The page is the quickest way to see a booking, the charges and any bond that has been set. A person arrested in the last hour or two may need a little time to show up, so check again before you worry.
The Sheriff's Department keeps its desk open day and night at 423-542-1845. Have the full name and birth date ready when you call.
Where in Elizabethton do I go?
The detention center, the Sheriff's Department and the Justice Center share 900 East Elk Avenue. The old county courthouse is a short distance away at 801 East Elk Avenue, 423-542-1801, and is open Monday through Friday from 8:00 a.m. to 4:30 p.m.
Photo ID is needed at most counters. If a hearing was mentioned but you do not know the room, call the clerk first.
Who decides how much the bail will be?
A judge or magistrate decides, and the decision has to fit the person in front of them. Under Tennessee Code 40-11-105, a person arrested on a bailable charge has a right to be admitted to bail. The same law does not let a jailer simply apply a posted chart.
Deputies can release someone only after bail already exists (40-11-106). If you think the figure is too high, a lawyer can ask the court to review it.
What do I pay if I use cash?
The whole bail amount. Section 40-11-118 lets a defendant put up a cash deposit equal to the bail with the court clerk, and the clerk may take debit cards or mobile cash apps and pass its processing fee along to the payer.
The Circuit Court Clerk, who also serves General Sessions, answers at 423-542-1825. Ask what forms of payment the clerk takes, and what happens when the office is closed, before you leave home with money.
What does a bondsman cost, and is the fee refundable?
For a Tennessee resident, the premium should run about 10 percent of the bond. Statute 40-11-151 also allows a one-time $25 initiation fee and a $12 bail tax. The notice a bondsman hands you must say so.
A premium is the price of the service, so expect it to stay with the bondsman even if the case ends well. Insist on duplicate receipts. If the bondsman wants collateral beyond the premium, Tennessee law requires a written receipt describing each item and how to get it back, and a bondsman cannot surrender your relative without good cause.
How can I tell if a bail agent is allowed to work here?
Ask to see the state license. The Board of Professional Bondsmen issues it under 40-11-321. Beyond that, the bondsman has to be approved by the courts of each judicial district where bonds are written, and Carter County belongs to the First Judicial District.
If the person cannot show both, do not hand over money.
Can my house or land secure the bond?
Tennessee recognizes real estate as one form of bail, and the property must be in Tennessee. A property bond takes more time than cash because someone has to review the ownership papers before release.
Ask the Circuit Court Clerk at 423-542-1825 which documents the Carter County court wants and who has to sign.
What does a judge look at before setting the amount?
Under 40-11-118(b), the judge weighs how long the person has lived in the area, work history and finances, family, character and mental condition, past record and court attendance, the seriousness of the charge, and whether the record points to danger. Lawful presence in Tennessee is also weighed.
A responsible local person can speak for the defendant, but no one may vouch for more than two defendants at once.
Is it possible to be released without paying bail?
Yes, in some cases. Under 40-11-115(b), the court begins with release on the person's own promise or an unsecured bond, based on ties to the community, job and record. Money comes into play only when the court finds lesser conditions will not do (40-11-117), and conditions must be the least onerous that work (40-11-116).
Bring proof of a job, a home address and family contacts to the hearing.
Why is he still inside after the bond was paid?
Three reasons come up most. Another agency may have a hold or warrant. A domestic or stalking arrest can carry a 12-hour hold under 40-11-150. Or the paperwork is still moving between the clerk and the jail.
The Sheriff's Department at 423-542-1845 can tell you which reason applies.
What is the hold after a domestic assault arrest?
In certain domestic, stalking and abuse cases, the person cannot be released within 12 hours of arrest unless the official finds no threat to the victim. For aggravated assault with strangulation or a deadly weapon, the hold may extend to 24 hours, and a no-contact order and GPS monitoring come first.
Even after release, the court can forbid contact, firearms and alcohol.
My brother was arrested for DUI. Are the release terms different?
They can be. Section 40-11-118(d) calls for an ignition interlock in some alcohol cases, such as a crash with property damage or a child in the car, unless the judge finds it would not serve justice. A third or later alcohol offense can require transdermal monitoring at the defendant's expense.
What happens at the first court date, and is there a free lawyer?
The person must be taken before a magistrate "without unnecessary delay." The judge explains the charge and the right to a lawyer and to stay silent. In a felony, a preliminary hearing comes within 14 days for a person in jail, or 30 days for a person out on bond.
People who cannot afford counsel can ask for the public defender. The First Judicial District office, which covers Carter County, is at 423-434-6845.
He was picked up by Elizabethton city police. Is he in a different jail?
City officers make arrests inside the city, and Elizabethton also has its own Municipal Court at 136 South Sycamore Street, 423-547-6419. Ask the arresting department which jail holds the person and what the charge is, then check Carter County Inmate Search.
Do not guess. Wrong assumptions cost families a day.
My 16-year-old was arrested. Where does that case go?
Juvenile cases are heard in Juvenile Court at the Justice Center. The court office answers at 423-542-1829 and can say where a child is held and when the detention hearing will be.
A parent or guardian is expected to attend. Juvenile records are kept private, so the adult search will not show a child.
Does money on a jail phone or commissary account count as bail?
No. Phone and store money goes to the account vendor and never reaches the court. Bail is paid to the clerk, to a bondsman, or secured by property. Never send bail money to a person who texts you or contacts you through social media.
If he skips court after I post the bond, what happens?
The court can declare the bond forfeited (40-11-139 and 40-11-201), and a capias can be issued for his arrest. A cash depositor risks the deposit, and a bondsman may seek to surrender the person under 40-11-132.
Call the clerk at 423-542-1825 the same day to learn the next step.
When do I get the cash back?
Section 40-11-119 requires the clerk to return a cash deposit once the bond conditions are met and the defendant is discharged. First, though, 40-11-121 sends the deposit toward fines and court costs, so the refund may be smaller than the deposit. A surety is not responsible for fines, costs or restitution unless the bond expressly says so (40-11-118(c)).
Carter County bail contacts
- Jail
- Carter County Detention Center, 900 East Elk Avenue, Elizabethton, TN 37643; 423-542-1845
- Custody lookup
- Carter County Inmate Search
- Courthouse
- 801 East Elk Avenue, Elizabethton, TN 37643; 423-542-1801
- Circuit and Sessions Clerk
- 423-542-1825
- General Sessions judge
- 423-542-0200
- Juvenile Court
- 423-542-1829
- Elizabethton Municipal Court
- 136 South Sycamore Street; 423-547-6419
- Public defender
- First Judicial District, 423-434-6845
- Bond help
- bail instructions for the detention center
Dollar figures, office hours and phone numbers can change, and a judge may order different terms for a particular case. Phone the office before you take cash anywhere in Carter County. Nothing here is legal advice.
How do Bail Bonds work at Carter County Detention Center
The Carter County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Carter County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in Carter County, or in some cases the state of Tennessee, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in Carter County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in Tennessee is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1,500.00.
- Pay by cash, cashier's check, money order or credit card at the Carter County Detention Center, or the courthouse in Carter County where the offense took place.
Call 423-542-1855 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Carter County inmate locator.
Carter County Detention Center
Address:
900 East Elk Avenue
Elizabethton, TN 37643
Phone:
423-542-1855
Frequently Asked Questions about Bail and Bonds in Carter County
What kind of bonds are accepted in Carter County?
Who can set bail in Carter County?
When is bail set in Carter County Tennessee?
Does Carter County have bail?
Yes, Carter County recognizes most types of bonds.
What kind of bonds are accepted in Carter County?
Carter County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Carter County?
Bail is set by a magistrate or judge.
When is bail set in Carter County Tennessee?
Bail is set during the defendant’s first court hearing, also known as a bail hearing. This court appearance will be scheduled within 72 hrs. of arrest not counting weekends or holidays.
What is Bail?
Bail is what the arrested in Carter County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Tennessee feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Carter County Detention Center until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Carter County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Carter County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
A Transfer Bond is transferable across state lines but generally a bond company will only assume the loan to adjoining states. In addition to the 10% fee, there is a transfer fee owed to the bonding company between $50-$100.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Carter County have bail?
Yes, Carter County recognizes most types of bonds.
What kind of bonds are accepted in Carter County?
Carter County recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
Who can set bail in Carter County?
Bail is set by a magistrate or judge.
When is bail set in Tennessee?
Bail is set during the defendant’s first court hearing, also known as a bail hearing. This court appearance will be scheduled within 72 hrs. of arrest not counting weekends or holidays.
Can I get the bail or bond reduced in Carter County Tennessee?
Yes, your attorney can request a bond reduction.
In Carter County Tennessee, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Tennessee could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Carter County Tennessee?
Yes, Tennessee does offer online bail payment. Please contact the jail for specific information on how to pay bail. Go to the Carter County Detention Center for more information about the jails in Carter County.
What options are there to pay bail in Carter County Tennessee?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted. Go to the Carter County Detention Center for more information about posting bail in Carter County.
Will I get all my bond money back in Tennessee?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Carter County?
No, unless released on own recognizance you will be required to pay some money down to secure bail.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
What are the least expensive and affordable bail bonds in Tennessee?
The Carter County Detention Center or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.