TCA 40-11-104
Authority to release defendants
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What does this charge mean?
This statute authorizes magistrates to release defendants on their own recognizance (a promise to appear) or admit them to bail at any stage before the defendant is sent to the grand jury, and allows judges to change bail conditions before or after conviction.
Penalty Details
ClassificationUnknown
Penalty SummaryClassification not specified
(a) Any magistrate may release the defendant on the defendant’s own recognizance pursuant to § 40-11-115 or § 40-11-116 or admit the defendant to bail pursuant to § 40-11-117 or § 40-11-122 at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on the defendant’s own recognizance pursuant to § 40-11-115, admit the defendant to bail under § 40-11-116, § 40-11-117 or § 40-11-122, or alter bail or other conditions of release pursuant to § 40-11-144 at any time prior to conviction or thereafter, except where contrary to law. Ask a legal question, get an answer ASAP!(b) When a defendant has been released to appear as directed by the officer setting bail, and such defendant fails to appear as ordered, any new bail set shall be posted only pursuant to § 40-11-118 or § 40-11-122.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
PENDING
TCA Section40-11-104