Smith County Jail Inmate Bail & Bonds
Smith County bail and bond: from the Justice Drive jail to release
Adults arrested in Smith County are held at the Smith County Jail, 322 Justice Drive, Carthage. The Smith County Sheriff's Office, Suite 200 at that address, runs it and answers at 615-735-2626. Begin with Smith County Inmate Search to see whether someone is booked, what the charge is, and whether a bail amount is set. The Circuit Court Clerk, 615-735-0500, handles court files and money paid to the court.
1. What should I do first if a relative was arrested in Smith County?
Check Smith County Inmate Search for the name. If it shows, note the charge, the booking number, and any bail figure. If it does not, call the Sheriff's Office at 615-735-2626. Booking can take some time, so a name may be missing for the first hour or two. Do not hand money to anyone until you know the bail figure.
2. Does the county run its own jail, or are prisoners sent away?
Smith County runs its own. The jail at 322 Justice Drive is certified by the state for 128 beds, and the Sheriff's Office offices share the address. A person held for a Smith County case is normally in that building unless the Sheriff's Office tells you a hold or transfer applies.
3. Which office does what?
The Sheriff's Office, 615-735-2626, holds people and releases them. The Circuit Court Clerk, 615-735-0500, keeps court files and takes court money. The General Sessions judge's office, 615-735-2286, covers early hearings. The County Clerk, 615-735-9833, deals with records, not bonds.
4. Who sets bail, and can the sheriff lower it?
A judge or magistrate sets it. The sheriff may take bail and release a person only after the amount has been set, and has no power to reduce it. Tennessee law requires an individual decision, so the number cannot be a price list for the charge. Factors include how long the person has lived in the area, work, family, past appearances in court, and the facts of the case.
5. How do I pay the full amount in cash?
Cash bail equals the whole bail, deposited with the court clerk. Call the Circuit Court Clerk, 615-735-0500, for hours and accepted payment types. Ask whether payment can also be made at the jail after hours. Take a photo ID, the full legal name, and the case number. Keep your receipt, because the deposit is returned at the end of the case.
6. What is a bondsman's cut?
About 10 percent of the bond for a Tennessee resident, with a $37 fee on top. The bondsman keeps it. A bondsman needs a state license and approval from the court in this judicial district. Collateral beyond the fee must be written on a receipt that says how you get it back. A good contract also states when the bondsman can surrender your relative.
7. May I put up Smith County land or a home?
Yes, if the court approves. A Tennessee bond can rest on real estate in the state. Expect a deed review and signatures from every owner, and expect the process to take longer than cash. Call 615-735-0500 to ask what the clerk wants to see.
8. Can two people who are not bondsmen sign a bond?
They can, if the court finds both sufficient. Neither may be a professional bondsman or an attorney. They sign a written promise to pay the bond if the defendant fails to appear.
9. Why would the record show no bond?
A capital charge cannot be bonded out. A hold from another county, a probation violation, or a federal or immigration detainer also stops release. Or the judge may not have set bail yet. The Sheriff's Office can tell you which one is behind it.
10. What delay applies after a domestic violence arrest?
Under Tennessee law, release cannot happen within 12 hours of an arrest for stalking, child abuse, elder abuse, or certain domestic offenses, unless an official finds no threat to the victim. For aggravated assault with strangulation, serious injury, or a weapon, the hold can last 24 hours. A no-contact order comes first. GPS tracking may be ordered.
11. When do I see the court date?
The person is taken before a magistrate without unnecessary delay. On a felony, the magistrate explains the charge and rights and sets the path to a preliminary hearing, which must happen within 14 days if the person is in jail and 30 days if out. The General Sessions judge's office, 615-735-2286, can give you dates.
12. Can bail be lowered?
A lawyer can ask the judge for a bail hearing. The court must start with release on a promise to appear, then use the lightest conditions that will bring the person back. Money bail is for cases where lighter tools fail. Tennessee bars excessive bail. A lawyer can bring proof of work, home, and family.
13. How do I get a public defender?
Ask the judge to appoint one if you cannot pay. Smith County is in the 15th Judicial District, and the Public Defender answers at 615-443-2771. Have the case number or arrest date ready.
14. Does the jail account count as bail?
No. Money added to an inmate account pays for phone time and store items and never lowers bail. Send bail money to the clerk or a licensed bondsman only.
15. How many people can the Justice Drive jail hold?
The Smith County Jail at 322 Justice Drive in Carthage is certified by the state for 128 beds. The Sheriff's Office shares the building, so booking, custody, and release all run from one address. A person held on a Smith County case is normally there unless a hold or transfer applies. Confirm with the Sheriff's Office at 615-735-2626 before you travel.
16. What if a teenager is arrested in Carthage?
Call the General Sessions judge's office at 615-735-2286 to ask where the young person is held and when the hearing will be. Juvenile files are private, so they do not appear in the adult search.
17. What happens when someone misses court?
Judges treat a missed date seriously: they can forfeit the bond and issue an arrest order. A bondsman who fears a no-show may return the defendant to custody. Phone the Circuit Court Clerk, 615-735-0500, and a lawyer that same day.
18. How do I get cash back and avoid scams?
The clerk refunds a cash deposit once the case ends, after fines and costs come out. A bondsman's fee does not come back. If a caller demands gift cards, an app transfer, or payment within the hour, hang up. Call the Sheriff's Office, 615-735-2626, yourself.
Smith County bond contacts
- County jail
- Smith County Jail, 322 Justice Drive, Carthage, TN 37030; 615-735-2626
- Bond guide
- Jail bail and bond guide
- Custody lookup
- Smith County Inmate Search
- Sheriff's Office
- 322 Justice Drive, Suite 200, Carthage, TN 37030; 615-735-2626
- Circuit Court Clerk
- 615-735-0500
- General Sessions
- Judge's office 615-735-2286
- County Clerk
- 615-735-9833
- Public defender
- 15th Judicial District Public Defender 615-443-2771
Fees, hours, and numbers can change. Ask the Sheriff's Office or the Circuit Court Clerk to confirm the steps for your case, and only then send money. This is not legal advice.
How do Bail Bonds work at Smith County Jail
The Smith County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Smith 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 Smith 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 Smith 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 Smith County Jail, or the courthouse in Smith County where the offense took place.
Call 615-735-2626 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Smith County inmate locator.
Smith County Jail
Address:
322 Justice Drive
Carthage, TN 37030
Phone:
615-735-2626
Frequently Asked Questions about Bail and Bonds in Smith County
What kind of bonds are accepted in Smith County?
Who can set bail in Smith County?
When is bail set in Smith County Tennessee?
Does Smith County have bail?
Yes, Smith County recognizes most types of bonds.
What kind of bonds are accepted in Smith County?
Smith 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 Smith County?
Bail is set by a magistrate or judge.
When is bail set in Smith 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 Smith 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 Smith County Jail 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, Smith 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 Smith 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 Smith County have bail?
Yes, Smith County recognizes most types of bonds.
What kind of bonds are accepted in Smith County?
Smith 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 Smith 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 Smith County Tennessee?
Yes, your attorney can request a bond reduction.
In Smith 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 Smith County Tennessee?
Yes, Tennessee does offer online bail payment. Please contact the jail for specific information on how to pay bail. Go to the Smith County Jail for more information about the jails in Smith County.
What options are there to pay bail in Smith 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 Smith County Jail for more information about posting bail in Smith 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 Smith 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 Smith County Jail 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.