TCA 40-11-122
Bail bond secured by real estate or sureties
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What does this charge mean?
Instead of depositing cash, a defendant can secure bail by: (1) having real estate worth at least 1.5 times the bail amount and signing over a deed of trust on it to the court clerk; (2) getting two non-professional people to sign a bail bond promise; or (3) using a licensed professional bail bondsman or bail bond company. Each option secures the bail with different types of collateral or guarantees.
Penalty Details
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Penalty SummaryClassification not specified
In lieu of the bail deposit provided for in § 40-11-118, any defendant for whom bail has been set may execute a bail bond which may be secured as provided in this section. The bail bond may be secured by: (1) Real estate situated in this state with nonexempt unencumbered equity owned by the defendant or the defendant’s surety worth one and one-half (11/2) times the amount of bail set. If the bail bond is secured by real estate, the defendant or the defendant’s surety shall execute a deed of trust conveying the real estate in trust to the clerk who shall immediately file the deed of trust in the office of the register of the county in which the real estate is situated. The costs of preparation of the deed of trust and recordation shall be paid by the defendant; Ask a legal question, get an answer ASAP!(2) A written undertaking signed by the defendant and at least two (2) sufficient sureties, and approved by the magistrate or officer. Sureties under this section shall not be professional bondsmen or attorneys; or (3) A solvent corporate surety or sureties or a professional bail bondsman as approved, qualified or regulated by §§ 40-11-101 – 40-11-144 and part 3 of this chapter. No bond shall be approved unless the surety on the bond appears to be qualified.
View on official sourceLast verified: Feb 25, 2026
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TCA Section40-11-122