Bail in Misdemeanor Cases

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In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court.

Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., § 7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408.

Cross-References. Appeal as of right, T.R.A.P. 3.

Authority to release defendants, bail, §40-11-104.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.1, 33.104.

Law Reviews.

The Theoretical Foundations of the Proposed Tennessee Rules of Appellate Procedure, III. Some Noteworthy Features of the Rules (John L. Sobieski, Jr.), 45 Tenn. L. Rev. 161 (1978).

Attorney General Opinions. Duty to set bond on misdemeanant's appeal of probation revocation or denial, OAG 98-0142 (8/7/98); OAG 98-0170 (8/28/98).

Right to bond of misdemeanant appealing probation revocation, OAG 99-080 (4/5/99).


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