Collin County Jail – Policy and Procedure: Assistance of Attorney and Attorney Writ Bonds

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

www.rosenthalwadas.com

Introduction
Part 1: Communicating With a Person in Jail
Part 2: Book-in and Processing
Part 3: Medical
Part 4: Assistance of Attorney

The Collin County Jail is abundant with policies and procedures, and hopefully these articles help navigate what is, for many, uncharted waters. But, when the decision to bond someone out has been made, the only real relevant procedure is the procedure that actually gets that person out of jail. Most people are familiar with the concept of being released after posting bond. However, very few people know this from experience. Consequently, familiarity with the issues of when, where, and how to post that bond is far less common.

RIGHT TO A BOND

Once a person is arrested he or she is entitled to have a reasonable bond set in his or her case. In order to have that done, that person must be seen by a magistrate judge who will consider the individual’s circumstances and the offense that has been alleged. The magistrate will set a dollar amount which that person may post in order to be released while awaiting the outcome of his or her case. Unfortunately, the County does not employ a 24-hour magistrate to set bonds at all hours of the day. In Collin County, a magistrate will appear at the jail for about 30 minutes each morning (except on Sundays and most Saturdays) and set bonds on a first come first serve basis. Frequently, this results in people with minor infractions being forced to sit in jail for 1-2 days or even longer. Collin County’s solution to this problem is what is known as an attorney writ bond.

AN ATTORNEY WRIT BOND

An attorney writ bond is a procedure by which a Texas attorney may file a pleading to have an immediate bond set in a misdemeanor case, without waiting for a magistrate. Many refer to this as immediate jail release because it is usually the quickest way to get a friend or relative out of jail. Once this pleading is filed the Collin County Jail has a set dollar amount they will charge based on the misdemeanor offense. The length of time between filing the pleading and the person being released from jail can be as short as two hours and sometimes as long as four hours (and rarely longer).

OFFENSES ELIGIBLE FOR ATTORNEY WRIT BONDS

An attorney writ bond may be filed for the following offenses:
1. Class A Misdemeanors
2. Class B Misdemeanors (typically DWI, Theft, Marijuana related arrests)

An attorney writ bond may not be filed for the following offenses:
1. Class C Misdemeanors/traffic tickets
2. Felony offenses
3. Family violence/Assault cases

24 HOUR ATTORNEY WRIT BOND NUMBER

If you think that you may need an attorney writ bond, you may call the following number at any time: (214) 403-6522

*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.

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