Call Us Today
how long does it take to get out of jail after posting bond

How Long Does It Take to Get Out of Jail After Posting Bond in Tennessee?

When someone you care about gets arrested, every minute feels like an hour. You want them home as soon as possible. The question keeping you up at night is: how long does it take to get out of jail after posting bond?

The system isn’t what it used to be. And if you’re sitting by the phone waiting for that call, you need to know what’s really happening behind those jail walls.

At Harvey Criminal Defense Lawyers, we help you take the right steps to get someone out of jail as quickly as the system allows.

What Happens After You Get Arrested in Tennessee?

When someone gets arrested in Tennessee, they don’t just walk into jail and get a court date the next day. There’s a process, and every step takes time.

After the arrest, the defendant goes through booking. That means fingerprints, photographs, background checks, and paperwork. Once booking is complete, a magistrate or judge sets the bail amount during an initial appearance or bail hearing.

Judges look at several factors influencing bail:

  • Severity of the charges
  • Criminal history
  • Flight risk
  • Community ties
  • Employment status
  • Danger to the community

Someone with steady employment and strong roots in Tennessee will likely get more favorable treatment.

For capital offenses or certain violent felonies, bail may be denied if proof is evident or the presumption of guilt is great.

Types of Bail in Tennessee: What Are Your Options?

Tennessee law recognizes several types of bail. Which one you use affects how long it takes to get out of jail after posting bond and how much money you’ll need.

1. Cash Bail

You pay the full bail amount directly to the court clerk or jail. The amount is used as collateral to ensure the defendant shows up for all scheduled court appearances.

If the defendant appears for every court date as required, the full bail amount is either returned at the end of the case or applied to reduce your court costs. But if the defendant fails to appear, the court keeps the money (cash bail is authorized under Tennessee law).

2. Surety Bond (Bail Bond)

Most families can’t afford to pay thousands of dollars in cash to the jail. That’s where a bail bondsman comes in.

Here’s how it works:

  • You pay a premium, typically around 10% to the bonding company
    • Non-refundable fee
    • Example: $10,000 bail = $1,000 to bondsman
  • Bondsman guarantees the full bail amount to the court
  • Often requires additional security:
    • Co-signer with good credit
    • Collateral (property, vehicles, jewelry)
    • Proof of employment

If the defendant doesn’t show up for court, the bondsman is theoretically responsible for paying the court the full amount, although they often wiggle out of that requirement.

3. Release on your Own Recognizance (ROR or OR)

Some defendants get released from jail without posting any bail money at all. This is called a “release on recognizance” or “own recognizance” release, sometimes shortened to ROR or OR bond.

Common option for:

  • Misdemeanor charges
  • For defendants with:
    • Strong community ties
    • No prior criminal history
    • Stable employment

The court releases the defendant based on their promise to appear in court.

4. Property Bond

A property bond uses real estate as collateral instead of cash. The property owner signs over a lien on their home or land to guarantee the bail amount.

This option is less common because it takes longer to process and requires significant equity in the property.

The Tennessee Bail Bond Process: Step by Step

Once bail is set, here’s what typically happens when you work with a bail bondsman to post bail.

  1. Contact a bail bond company – Find a licensed bondsman in Tennessee who serves the jail where your loved one is being held.
  2. Complete the paperwork – You’ll provide personal information, proof of income, and possibly collateral or a co-signer agreement.
  3. Pay the premium – This is usually around 10% of the total bail amount, though the exact rate may vary by company.
  4. Bondsman posts bond to the jail – The bonding company sends the bail to the detention facility electronically or in person.
  5. Wait for jail processing – This is where families get frustrated; it can take days.

Release times vary widely by county, ranging from several hours to more than a day, depending on jail staffing and workload.

How Long Does It Really Take? The Answer Has Changed

What Shelby County families need to know: it used to take 36 hours or less to get out of jail after posting bond. Now, it can take up to 5 days after bail is posted, though official data is not available to confirm an average timeline.

This isn’t because anyone is trying to punish you. It’s a system problem, and it’s affecting jails throughout Tennessee, especially in Shelby County.

Outside Shelby County, release times are typically much shorter.

Why Are Jails Taking So Long?

The delays come from several factors straining Shelby County’s jail system.

  • Staffing shortages
  • High inmate populations
  • Verification procedures – Before releasing someone, the jail must:
    • Verify bail was posted correctly
    • Check for outstanding warrants from other counties
    • Confirm no additional holds from other jurisdictions
    • Review pending charges
  • Weekend and holiday arrests
  • The 2025 Federal Surge

Each jail follows its own internal release schedule and procedures, which can significantly impact timing.

What Can Speed Up or Slow Down the Release?

Some factors can make the release process move faster or drag on even longer.

Timing your bail post carefully:

  • Post bail Monday through Thursday
  • During regular business hours
  • Avoid Friday afternoon or weekends

Being prepared with documentation:

  • All paperwork ready
  • Proof of income organized
  • Co-signer available if needed

Working with experienced legal counsel:

We know how to advocate for our clients at every stage. We also know which jails tend to process releases faster based on our experience and which judges are more reasonable about bail amounts.

What Causes Delays

  1. Holds from other jurisdictions – If your loved one has holds from another county or state, they can’t be released until those holds are cleared.
  2. Outstanding warrants – Even for minor offenses, outstanding warrants will slow down or prevent release.
  3. Type of charge – Processing differences between misdemeanor and felony charges can affect timing.
  4. Court approval requirements – If additional charges are pending or if court orders require a judge’s approval for release.

These are general guidelines and not guarantees.

What If Bail Is Set Too High or Denied?

When bail is denied, it usually means the judge believes the person is a danger to the community or an extreme flight risk.

Under Tennessee law, bail may also be denied for capital offenses where proof is evident or the presumption is great.

What Happens If Someone Doesn’t Show Up for Court?

When a defendant fails to appear for their scheduled court date, the consequences are immediate and serious.

  • The court issues a bench warrant or capias
  • The bondsman comes after the bail
  • New criminal charges are filed
  • You lose the money

This is why it’s critical to appear for every court date.

Waiting for Your Loved One’s Release? Let Us Help You Through the Bail Process

Waiting to get someone out of jail after posting bond is one of the hardest things a family can go through. The system is slow. The process is confusing.

Right now, and in many parts of Tennessee, families report longer release delays than in previous years.

At Harvey Criminal Defense Lawyers, we help families defend their loved ones in court once they’re out.

Call us now for a confidential consultation.

The sooner we get involved, the better your outcome will be.

Author Bio

Phil Harvey

Phil Harvey
FOUNDER & ATTORNEY

Phil Harvey is the founder and lead attorney of Harvey Criminal Defense Lawyers in Memphis, Tennessee. Known for his tireless advocacy, Phil defends clients facing serious felony charges, from motor vehicle burglary to first-degree murder. Before starting his own firm, he served as an Assistant Public Defender in Shelby County and represented clients in personal injury and wrongful death cases involving car and trucking accidents, nursing home neglect, and more.

A graduate of The College of William and Mary Law School, Phil honed his trial skills on the Moot Court Team and through years of courtroom litigation experience. He considers it a privilege to stand with the accused when their rights, freedom, and future are on the line.

Google | LinkedIn | Justia | Bar Association

What Our Clients Say

CRIMINAL ATTORNEY NEAR MEMPHIS, TN

Proudly Serving Memphis, TN &
Surrounding Counties
Serving: Memphis, Germantown, Collierville, Bartlett, Covington, Somerville, Brownsville, Jackson, Henderson & surrounding areas.
100% Confidential - Virtual, Phone or In-Office