If you or a loved one has been incarcerated in Shelby County, Memphis, Tennessee, you may have encountered the term source hearing when dealing with the bond process. A source hearing is a legal proceeding required in certain cases to determine the origin of the funds being used to post bail. This process is particularly important in ensuring that the money being used for the bond is not derived from illegal activities.

Understanding Bonds and the Need for a Source Hearing

Under Tennessee law, individuals charged with crimes are generally entitled to a reasonable bond or bail, except in cases involving capital offenses where bond may be denied. The purpose of bond is to allow a defendant to remain free while awaiting trial, enabling them to continue working and meeting personal responsibilities. Bond also serves to guarantee the defendant's appearance at all court dates.

However, when a bond is set at $100,000 or more, or if it involves a cash bond of over $10,000, Tennessee law (T.C.A. 39-11-715) requires a source hearing before the bond can be posted.

What Happens at a Source Hearing?

A source hearing is designed to verify that the funds being used to pay the bond come from legitimate sources. This prevents money obtained through illegal means, such as drug trafficking, fraud, or other criminal activity, from being used to secure a defendant’s release.

Here’s how the process typically unfolds:

1. Filing a Motion for a Source Hearing
   If a source hearing is required, the defense attorney will file a motion with the court to schedule the hearing.

2. Presenting Evidence
   At the hearing, the defense attorney must present proof of legitimate income to demonstrate the source of the bond funds. This may include:

• Bank statements

• Pay stubs

• Tax returns

• Business records

• Other financial documents

3. The Judge’s Role
   The judge reviews the submitted evidence and determines whether the funds being used for the bond are legitimate. The prosecution may challenge the defense's claims or request additional documentation.

4. Outcome
   If the judge is satisfied with the evidence, the individual posting the bond will be allowed to do so, and the defendant will be released from custody. If the judge finds the evidence insufficient, the bond may not be posted until additional proof is provided.

Why Are Source Hearings Important?

Source hearings are an essential safeguard to ensure that the judicial system is not inadvertently facilitating criminal enterprises. By requiring transparency in bond payments, these hearings:

• Prevent the use of illicit funds for bail.

• Ensure that individuals posting bond have legitimate means to do so.

• Protect the integrity of the legal process.

How to Prepare for a Source Hearing

If you’re facing a source hearing, preparation is key. Your defense attorney will play a crucial role in gathering and presenting the necessary documentation. Here’s how you can help:

• Be Transparent: Provide your attorney with all relevant financial records.

• Gather Documents: Collect pay stubs, bank statements, and other evidence of lawful income.

• Stay Organized: Ensure that all documentation is complete and easy to understand.

With proper preparation, a source hearing can be resolved quickly, allowing the defendant to post bond and move forward with their case.

Conclusion

Source hearings are a critical part of the bond process in Tennessee, ensuring that only legitimate funds are used to secure a defendant’s release. While the process may seem intimidating, a skilled attorney can guide you through the hearing and present the necessary evidence to satisfy the court’s requirements.

The Scholl Law Firm has handled countless Source Hearings and is here to help you navigate the bond process. Please contact us today to get started.