February 11, 2023
By: Dwayne Page
Should persons charged with a crime be allowed to post bond from funds or property derived through illicit means?
In an effort to prevent that, DeKalb County General Sessions and Juvenile Court Judge Brandon Cox issued a standing order Thursday, February 9 for Bond Source Hearings in certain cases.
Typically at a source hearing, a criminal defendant’s attorney will submit a motion that explains the who, what, when, and how of the payment of the bail bond. Additional documentation, such as bank statements, credit card statements, and other evidence is presented at the source hearing to prove that the funds are not being sourced from illicit means.
For example, if a suspected drug offender is charged with a crime, he or she might use funds derived from illegal drug transactions to bond out of jail until their assigned court date unbeknownst to officials of law enforcement or the court system.
Judge Cox’s order states “It is hereby ordered, adjudged, and decreed that a defendant charged with a criminal offense prepared to post a single bail bond in an amount of $50,000 or greater shall be required to undergo a bond source hearing before the General Sessions Judge of DeKalb County as authorized in Tennessee Code Annotated (state law). The purpose of the hearing is to determine the source and legality of the funds or property used to obtain the bail bond. The burden of proof shall be upon the party seeking the approval or acceptance of the bond”.
“Alternatively, the defendant, through counsel or individually, may enter an agreed order approving the source of the funds with the Office of the District Attorney General in lieu of a court hearing”.