Updated February 4, 2019

A Nashville Federal Judge heard arguments last week on whether to order Giles County Sheriff's Department to  stop jailing offenders when they cannot pay  bail.

The issue is a part of a larger lawsuit accusing the county and for-profit probation companies of using the threat of jail and extended probation to  receive money out of misdemeanor offenders.

The plaintiffs are five women who claim their probation was onerous and they sold possessions and diverted money needed for food, utilities, medication and rent to pay fees charged by the probation companies in addition to court cost.

Judge William Campbell Jr. of the US District Court, is considering the case of misdemeanor offenders who are arrested for probation violations and given a predetermined bail that does not take into account their ability to pay.

Attorneys for the women said those who cannot pay can end up waiting in jail for days or even weeks before they have a chance to ask a judge to reduce bail. They are asking Campbell for an order prohibiting the sheriff from keeping those offenders locked up unless they have had a hearing.

Representing Giles County and the sheriff's department at the hearing was Cassandra Crane. She argued the plaintiff's were suing the wrong people.

Crane said the department is required by law to execute warrants issued by local judges and does not have the ability to second  guess.

Campbell said he would rule as soon as possible of the issue.