Tennessee § 40-26-104 - Bail in misdemeanor cases.
Full text of Tennessee Tennessee Code Annotated § 40-26-104 — Bail in misdemeanor cases., with citation guidance and answers to common questions.
§ 40-26-104. Bail in misdemeanor cases.
In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court. Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., § 7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408. Cross-References. Appeal as of right, T.R.A.P. 3. Authority to release defendants, bail, § 40-11-104 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.1, 33.104. Law Reviews. The Theoretical Foundations of the Proposed Tennessee Rules of Appellate Procedure, III. Some Noteworthy Features of the Rules (John L. Sobieski, Jr.), 45 Tenn. L. Rev. 161 (1978). Attorney General Opinions. Duty to set bond on misdemeanant's appeal of probation revocation or denial, OAG 98-0142 (8/7/98); OAG 98-0170 (8/28/98). Right to bond of misdemeanant appealing probation revocation, OAG 99-080 (4/5/99).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-26-104
What does Tennessee Code Annotated § 40-26-104 cover?
Section 40-26-104 ("Bail in misdemeanor cases.") 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 § 40-26-104?
A common citation format is "Tennessee Code Annotated § 40-26-104" (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 § 40-26-104 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.