Van Buren County bail and bond: a plain guide for families in Spencer
Van Buren County keeps people arrested here in the Van Buren County Jail in Spencer, and the Sheriff's Department answers at 931-946-2118. Use the Van Buren County Inmate Search to read the charge and the bond amount. Court paperwork runs through the Circuit Court Clerk at 931-946-2153.
Where do I start when someone has been picked up in Van Buren County?
With the Van Buren County Inmate Search. Type the last name and read the charge and bond. A booking from the last few hours may not be posted, so look again later.
The Sheriff's Department at 931-946-2118 covers what the search does not.
Is the jail in Spencer, or are inmates driven to another county?
Van Buren County has its own jail and the Sheriff's Department runs it. The sheriff's office and the county offices share the courthouse campus at 121 Taft Drive, Spencer, TN 38585, so Spencer is the place to start.
Who gives the order that sets bail?
A judge or magistrate. Tennessee Code 40-11-105 entitles a person arrested for a bailable offense to bail, and the figure must be set for that person. A deputy can release only after the court has set bail (40-11-106).
Where do I take paperwork or ask about a court date?
The Circuit Court Clerk, 121 Taft Drive, Spencer, TN 38585, telephone 931-946-2153. The County Clerk is in the same building at 931-946-2121, open Monday through Friday, 8:00 a.m. to 4:00 p.m.
Call first and ask what the clerk needs from you.
What does a cash bond mean in dollars?
The whole amount. Section 40-11-118 says the deposit equals the bail, with no portion taken off. A clerk may accept a debit card or mobile cash app, and the payer covers that fee.
Ask the Circuit Court Clerk at 931-946-2153 where deposits are accepted and until when.
What does a bondsman collect?
A Tennessee resident should be asked for about 10 percent of the bond. A nonresident may be asked for 10 to 15 percent. Up to $25 may be added once as an initiation fee, with a $12 bail tax (40-11-151).
The fee is the bondsman's pay and is not returned. Keep a copy of every receipt.
How do I know a bondsman is allowed to write bonds here?
Two approvals are needed. The Board of Professional Bondsmen issues a license (40-11-321), and the court in the judicial district approves the bondsman. Van Buren County is in the Thirty-First Judicial District.
Courts can suspend bondsmen whose conduct harms clients (40-11-125).
Can a bondsman keep my watch or truck title?
Only if you receive a written receipt that describes each item and how to get it back. A bondsman who wants to return a client to jail needs good cause, such as a broken contract term (40-11-151).
Does land count as security?
Yes, Tennessee land does. Attorney General Opinion 03-054 names four forms of bail: cash, in-state real estate, a written promise from two sufficient sureties who are not bondsmen or lawyers, and a professional bondsman.
A property bond takes more steps than cash. The Circuit Court Clerk at 931-946-2153 can say how Van Buren County processes one.
What do judges consider when choosing a figure?
Under 40-11-118(b): how long the person has lived in the area, work and finances, family, character, mental condition, record, past attendance at court, the offense, the possible sentence and danger shown by the record. Lawful presence in Tennessee is a factor too.
A person who vouches for a defendant is limited to two defendants at once.
Will the judge let him sign and go home?
The court has to weigh it first. Recognizance or an unsecured bond is the starting point (40-11-115(b)). Next are the least onerous conditions (40-11-116). Money bail follows only if those will not assure appearance (40-11-117).
Is anyone ineligible for bail?
Capital offenses are outside the right to bail under Article I, section 15 of the Tennessee Constitution. Excessive bail is barred by section 16. Holds from other counties and probation matters can also stop a release.
My neighbor was arrested after a fight at home. How long until release?
Section 40-11-150 blocks release within 12 hours of arrest in stalking and listed domestic cases unless the official finds no threat to the victim. If the charge is aggravated assault involving strangulation, serious injury or a deadly weapon, the hold can run to 24 hours. A no-contact order comes first, and GPS monitoring applies in the aggravated case.
What happens with a DUI arrest?
Judges can require an ignition interlock under 40-11-118(d). Repeat alcohol cases can bring transdermal monitoring that the defendant pays for. Tampering with the monitor is a Class B misdemeanor.
What will the first appearance look like?
The person is taken before a magistrate without unnecessary delay (Tenn. R. Crim. P. 5). The magistrate reads the charge and explains the right to a lawyer and the right to remain silent. A felony defendant does not enter a plea.
Preliminary hearings take place within 14 days for those in jail and within 30 days for those released.
How do I request a free lawyer?
Tell the judge you cannot afford one. The Thirty-First Judicial District Public Defender serves Van Buren County at 931-473-6356.
Our 16-year-old was arrested. What now?
Juvenile matters are separate from adult court, and the files are private. Call the Circuit Court Clerk at 931-946-2153 to ask which court has the case and when the first hearing is, and call the Sheriff's Department at 931-946-2118 to learn where your child is.
Will money on a jail account bring him home?
No. Money placed for the store or phone calls is not bail and does not release anyone. Only a court-approved payment, bondsman or property bond does.
What if he does not show up in court?
The court can forfeit the bond (40-11-139 and 40-11-201) and order an arrest. Cash can be lost, and a bondsman can surrender the defendant (40-11-132). Contact the Circuit Court Clerk at 931-946-2153 immediately.
When will I see my deposit again?
Once the defendant is discharged, the clerk returns it (40-11-119), after fines and court costs are subtracted (40-11-121). A surety owes fines, costs or restitution only if the bond says so and the surety consented (40-11-118(c)).
Van Buren County bail contacts
- Jail
- Van Buren County Jail, Spencer; Sheriff's Department 931-946-2118
- Custody lookup
- Van Buren County Inmate Search
- Circuit Court Clerk
- 121 Taft Drive, Spencer, TN 38585; 931-946-2153
- County Clerk
- 931-946-2121; Monday to Friday, 8:00 a.m. to 4:00 p.m.
- Public defender
- Thirty-First Judicial District, 931-473-6356
- Bond help
- bail instructions for the Van Buren County jail
Phone lines and costs can change, and every bond is decided on its own facts. Verify with the clerk or the Sheriff's Department before you hand over money. This page is general information and does not give legal advice.