By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hour Jail Release Number: (214) 403-6522
It’s the middle of the night and you have just learned that a friend or loved one has been arrested and taken to jail for a misdemeanor offense in Collin County. In the midst of this stressful situation, someone may have told you that you need an attorney writ bond. Depending on the source, this may or may not be true. Taking a moment to read this article will help you make a quick and well-informed decision.
HOW IT WORKS
Individuals charged with misdemeanor offenses in Collin County are rarely hardened criminals. Nonetheless, the normal arrest process sometimes requires such individuals to sit in the county jail for a day before they are allowed to post a bond.
With a population of almost 800,000, The Collin County jail can become a crowded place, particularly during the weekend or on a holiday. Naturally, the county is interested in keeping certain individuals locked up more than others. But, regardless of the severity of the offense, an individual cannot post a bond that has not been set.
When a person has been arrested for a crime, the law requires that they be brought before a magistrate within a reasonable time to have a bond set. Depending on the time of the arrest, an individual could potentially see a magistrate within hours. Frequently, individuals are required to wait much longer, especially in cases when a person is arrested outside of normal business hours. This is where attorney writ bonds become handy.
To avoid jail congestion, Collin County permits attorneys to circumvent the requirement of having a magistrate set bond by filing what is known as a writ of habeas corpus, or “writ bond.” Once a writ bond is filed, it will immediately trigger the setting of a cash bond which is payable at the Collin County Jail. After the writ is filed and bond is posted the individual is typically released within an hour without having to see a magistrate.
SHOULD YOU HIRE AN ATTORNEY FOR A WRIT BOND?
As you have probably already gathered, the answer to this question is: it depends. Normally, a person who hires an attorney for a Collin County Writ Bond can be released within 2-3 hours. If it is likely that your friend or loved one will be able to see a magistrate within the same time, an attorney writ bond may not be necessary. Without a crystal ball, it is hard to predict when an individual will be taken before a magistrate. However, there are certain factors involved that remove some of the guess-work. You should consider the following:
- The Magistrate has a normal work schedule similar to that of any other civil servant.
- Only a small portion of that schedule is dedicated to setting bonds.
- Individuals are usually transferred from city jail to Collin County Jail in order to see a magistrate.
- The Collin County Jail arraignments are 30 minutes each morning, Monday-Saturday.
- If 30 minutes is not enough time to set everyone’s bond, it is first come first serve.
- This frequently occurs during high volume arrest periods (weekends and holidays).
OFFENSES ELIGIBLE FOR ATTORNEY WRIT BONDS
The Following are offenses for which an attorney writ bond may be filed:
- Class A Misdemeanors
- Class B Misdemeanors (typically DWI, Theft, Marijuana related arrests)
The following are offenses for which attorney writ bonds may not be filed:
- Class C Misdemeanors/Traffic Tickets
- Family Violence/Assault Cases
- Felony Cases
ARRESTED IN ALLEN
In some cities, individuals can be held for a period of time in the city jail immediately after they are arrested. In Allen, Texas, individuals with Class A or Class B offenses will not be held in the city jail. These individuals are transported to the Collin County Jail where they are held until a bond is posted or their case is resolved.
*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.
