Smith County Bail Information
Understanding bail amounts, the release process, and what happens after a arrest in Smith County.
How Bail Bonds Work
Option 1: Cash Bond (Pay Full Amount)
How it works: Pay the full bail amount to the court
Pros: Get full amount back after case concludes (minus court fees)
Cons: Requires full amount upfront
Option 2: Bail Bondsman (Most Common)
How it works: Pay 10-15% fee to bondsman, they post full bail
Cost: Typically 10% of bail amount (non-refundable)
Pros: Only need 10% upfront instead of full amount
Cons: Fee is non-refundable, may require collateral, co-signer assumes liability
Co-Signer Liability Warning
Important for Co-Signers:
- You are 100% liable if defendant does not appear in court
- You must pay the full bail amount if defendant skips
- Bondsman can seize collateral (house, car, etc.)
- You cannot cancel the bond - only the court can
- Liability continues until case is fully resolved
Release Timeline
Arrest & Booking (2-8 hours)
Fingerprinting, photographing, background check, medical screening
Arraignment (Within 24-48 hours)
First court appearance, judge sets bail amount, charges are read
Bail Posted (1-4 hours)
Family contacts bondsman, paperwork signed, fee paid
Release (2-6 hours)
Processing, release paperwork, return of personal property, court date assigned
Total Time Estimate
From arrest to release: 12-48 hours depending on booking workload, time of arrest (weekends take longer), and how quickly bail is posted.
After Release: Critical Deadlines
1. Request MVD Hearing - 15 Days
You have only 15 days from arrest to request your administrative license hearing. This is separate from your criminal case.
2. Retrieve Your Vehicle
Impound fees accrue daily. Get your car as soon as possible to avoid hundreds in storage fees.
Calculate Impound Costs3. Hire an Attorney
A attorney can help with license hearings, plea negotiations, and potentially getting charges reduced or dismissed.
Find Smith County Lawyers4. Appear at ALL Court Dates
Missing court will result in bond forfeiture, arrest warrant, and additional charges. Your co-signer will be liable for the full bail amount.
Here's what you need to know about bail and navigating the immediate aftermath of a DUI arrest in Smith County, Tennessee, starting with getting your vehicle back.
Getting Your Car Back After a DUI Arrest in Smith County
Your car is likely impounded after a DUI arrest in Smith County. The arresting officer should tell you which towing company has your vehicle, but if you're unsure, call the Smith County Sheriff’s Non-Emergency Line at (615) 735-2626. Do not call 911. The jail intake officer will have the tow record in the defendant's property bag or arrest file.
Harris Towing is a dominant provider for the Carthage and South Carthage area. However, the Sheriff's Office uses a rotation list, so your vehicle could be at another lot. Secondary lots include:
- JLS Towing & Recovery: Westmoreland area, (615) 644-3052.
- Hamblen’s Wrecker Service: Mt. Juliet/Hermitage, (615) 758-5142.
- G & E Towing: La Vergne, (615) 972-6969.
Important Considerations Before Heading to the Tow Lot:
- "Seizure Hold": If the car was involved in a serious accident or contains evidence of drug trafficking, it may be on a "Seizure Hold." The tow lot cannot release the vehicle without a written "Release Order" from the investigating detective at the Sheriff's Office or Carthage PD. Verify the hold status before going to the lot.
- "Lunch Hour" Gap: Small-town towing offices often close entirely for lunch, typically from 11:30 AM to 12:30 PM or 12:00 PM to 1:00 PM. Call ahead and ask: "Will there be someone at the window between 12 and 1?"
- "DUI License" Trap: Your driver's license is almost always seized during a DUI arrest. The tow lot requires a valid driver's license to drive the vehicle off the lot. You'll need someone with a valid license to accompany you and drive the car.
Understanding Bail and Release Procedures
Unlike some urban jails, Smith County Jail often enforces a 12-hour hold or a "sober release" policy. Even if bail is posted immediately, you won't be released until your BAC is deemed safe (usually 0.00% or under 0.02%), or a responsible sober adult signs a liability waiver to take custody of you.
Posting Bail:
The amount of bail will depend on the specifics of your case, including prior offenses and any aggravating factors. A bondsman can help you post bail, typically requiring a percentage of the total bail amount (usually around 10-15%).
"No Refusal" Weekends:
Smith County participates in statewide "No Refusal" campaigns (typically Labor Day, Memorial Day, New Year’s Eve). During these periods, magistrates are on standby to sign search warrants for blood draws. Refusal to submit to a breath test results in an immediate warrant for blood, often drawn at Riverview Regional Medical Center or by EMS personnel.
Navigating the Smith County Legal Landscape
Your DUI case will likely be heard at the General Sessions Court in Carthage. The "Thursday Docket" creates a weekly rhythm to the legal process.
Key Agencies and Their Roles:
- Smith County Sheriff’s Office (SCSO): Primary agency for all county roads. They operate the jail.
- Carthage Police Department: Responsible for the city limits.
- Tennessee Highway Patrol (THP): Patrols I-40 and Highway 70N. THP troopers are known for rigorous documentation.
Important Note: Be aware that online information for "Smith County Sheriff" often defaults to Smith County, Texas. If the area code is 903, you are looking at Texas information. The correct area code for Carthage, TN, is 615.
DUI Enforcement Trends in Smith County
DUI enforcement in Smith County has been on the rise. District Attorney General Jason Lawson has emphasized the prosecution of DUI offenses as a priority. This means plea deals for "wet reckless" are rare and require substantial evidentiary leverage.
"Sober DUI" Phenomenon:
There's a growing trend of "Sober DUI" arrests, where drivers are arrested for DUI but found to have no alcohol or drugs in their system. This highlights the importance of pre-trial discovery of dashcam footage and body-worn camera audio.
High-Risk Corridors:
Enforcement is concentrated along:
- Interstate 40: Primary hunting ground for THP.
- Highway 70N & Highway 25: Heavily monitored by the Carthage Police Department.
- Gordonsville Highway (Hwy 53): Frequently monitored for erratic driving behaviors.
Smith County also sees significant "commuter DUI" enforcement between 4:00 PM and 7:00 PM on weekdays.
To contact the Smith County Sheriff’s Office for non-emergencies, call (615) 735-2626.
Sources
Tennessee Penal Code
Smith County Sheriff's Office
Texas Department of Public Safety