Bail Law Cases:
In State of Tennessee v. Henry, 2007 WL 1364543 (Tennessee May 9, 2007) the Court agreed that T.C.A. §40-11-204(a) gave the trial court broad discretion to remit forfeitures. In this case, however, the trial court denied the surety’s motion, and the record on appeal did not include a basis to find that the trial court abused its discretion. In its brief, the surety argued that it had recovered the defendant and returned him to the sheriff, who inexplicably released him. The problem was that no such facts appeared in the record of the case. The surety bail bond included no transcripts or exhibits that would support its argument, therefore the decision of the trial court was affirmed.
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