(a) Whenever any person is arrested for a violation of chapter 8 or parts 1-5 of this chapter, the arrested person shall be taken without unnecessary delay before a magistrate or judge within the county in which the offense charged is alleged to have been committed, who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases:

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Terms Used In Tennessee Code 55-10-203

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) When a person arrested demands an immediate appearance before a magistrate or judge;
(2) When the person is arrested upon a charge of criminally negligent homicide, voluntary manslaughter or murder;
(3) When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs;
(4) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injury or damage to property; and
(5) In any other event when the person arrested refuses to give written promise to appear in court as hereinafter provided.
(b) Any person arrested and charged with violating any provision of chapters 8 and 9 of this title or §§ 55-10-103 – 55-10-310 who is taken before a magistrate or judge as provided in subsection (a) shall be admitted to bail by posting a cash bond, but in no case shall the cash bond exceed the maximum fine and costs for the offense or offenses for which the defendant is charged.
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