By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
Immediate Jail Release (214) 403-6522
This article is aimed to provide details on the process of immediate jail release by way of an attorney writ bond. While I like to think these articles provide people with valuable information, I understand helping a recently arrested friend or relative out of jail is a stressful situation which can be frustrating, confusing and even emotional. If you prefer to talk to an attorney immediately, please call 24 hours a day:
The Default Process : May Take a Couple of Days
When a person is arrested for a criminal offense, it is the intent of the jail to hold that person until the case is resolved or until a bond is posted. A bond is simply a mechanism which provides the court with assurance a recently arrested person will show up when a case is filed. Under the default process, a bond is set by a judge or magistrate. Once a bond is set, a bond can be posted and an arrested person is released.
There are two features of the default process which make an attorney writ bond necessary: (1) magistrates and judges only dedicate about 30 minutes per weekday and usually one day per weekend to setting bonds, and (2) getting before a magistrate or judge usually requires an individual to be physically transferred from a city jail to the county jail. This means, under the default process, a person may be sitting in jail for a couple of days before they have an opportunity to post a bond and go home.
So what is the alternative?
Attorney Writ Bond: Immediate
In Collin County and in Dallas County an attorney can file with the jail a writ of habeas corpus to obtain an immediate jail release. The jail refers to this process simply as an "Attorney Writ Bond." The process involves gathering information and a signature from the holding jail and delivering the bond and necessary legal documents to the county jail. Typically this process takes two hours and can be done any time of the day.
Why Not Hire a Bondsman: 10 good reasons
In Texas, the only person who can post an attorney writ bond is an attorney. Still, there are some bond companies that will work in cahoots with attorneys to process a writ bond. They do so at their own peril. Texas Occupations Code Section 1704.304 makes it a criminal offense for "A bail bond surety or an agent" to "recommend or suggest to a person for whom the bail bond surety executes a bond the employment of an attorney or law firm in connection with a criminal offense."
Even if the practice were perfectly legal, there are number of reasons why it is better to hire a reputable criminal attorney for an attorney writ bond. These reasons include some of the following:
- Hiring an attorney secures immediate professional services, legal advice, and counseling, which a bondsman cannot provide.
- In attempting to bridge this gap, a bondsman may offer legal advice which is wrong or misleading and frequently relied upon detrimentally.
- An attorney has the authority to visit, in-person, with your friend or loved one and provide necessary legal advice, as well as the comfort of knowing help is on the way.
- A bondsman cannot and will not meet with a person in jail.
- A writ bond is only part of an array of services an attorney can provide. Frequently it marks the beginning of a much broader attorney-client relationship geared toward resolving a legal issue.
- A bondsman writes bonds. A bondsman is not concerned with the outcome of your case.
- An attorney owes a fiduciary and ethical obligation to his client and prospective client. Attorneys are required to put their client's interests first.
- Bondsmen are not required to put their customer's interests first.
- In fact, some bondsmen are quick to find a reason to request from a judge to be discharged as a person's bondsman - leaving that person without a bond and subject to arrest.
- Attorneys are professionals. Good ones know the law and what to do if something in the process goes wrong.
What Types of Charges are Eligible for Attorney Writ Bonds?
An attorney may file a writ bond for the following types of cases:
- Class A Misdemeanors
- Class B Misdemeanors (DWI, Theft, Marijuana and Possession Offenses)
- Class C Misdemeanors
- Traffic Tickets
- Felony Cases
- Family Violence Cases
What Cities Allow Jail Release by Attorney Writ Bond?
Allen, Frisco, Plano, McKinney, Richardson, Sachse, Wylie,
Addison, Balch Springs, Coppell, Desoto, Farmers Branch, Garland, Highland Park, Irving, Mesquite, Richardson, Sachse, University Park, Wylie
*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.