Tennessee § 40-11-104 - Authority to release defendants.
Full text of Tennessee Tennessee Code Annotated § 40-11-104 — Authority to release defendants., with citation guidance and answers to common questions.
§ 40-11-104. Authority to release defendants.
Any magistrate may release the defendant on the defendant's own recognizance pursuant to § 40-11-115 or § 40-11-116 or admit the defendant to bail pursuant to § 40-11-117 or § 40-11-122 at any time prior to or at the time the defendant is bound over to the grand jury. The trial court may release the defendant on the defendant's own recognizance pursuant to § 40-11-115, admit the defendant to bail under § 40-11-116, § 40-11-117 or § 40-11-122, or alter bail or other conditions of release pursuant to § 40-11-144 at any time prior to conviction or thereafter, except where contrary to law. When a defendant has been released to appear as directed by the officer setting bail, and such defendant fails to appear as ordered, any new bail set shall be posted only pursuant to § 40-11-118 or § 40-11-122. Acts 1978, ch. 506, § 4; T.C.A., § 40-1204; Acts 2012, ch. 994, § 1. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 3.7, 4.2. Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, § 5. Attorney General Opinions. Review of revocation of probationary sentence — Reconsideration of Opinion No. 99-080, OAG 99-199 (9/29/99).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-11-104
What does Tennessee Code Annotated § 40-11-104 cover?
Section 40-11-104 ("Authority to release defendants.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-11-104?
A common citation format is "Tennessee Code Annotated § 40-11-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-11-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.