TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 23, 2019

The Tennessee Supreme Court ruled today that an entity that posted bond for a defendant for a charge of driving under the influence (second offense) remains obligated even though the charge was changed to driving under the influence (fourth offense) when the case was bound over from general sessions court to a grand jury. When the defendant failed to appear in criminal court, the judge directed the bonding company to show why it should not forfeit the bond. The company argued it did not owe the bond because the original charge had been changed. The Court of Criminal Appeals agreed but the Supreme Court reversed that decision saying the DUI charge in the warrant and the indictment were the same, even though the punishment differed. Download the opinion or read more in a press release from the court.