Archive for the ‘Bail’ Category

Jail Release and the “Writ Bond” or “Attorney Bond”

September 25, 2011

Jail Release in Collin County, Texas and the “Writ Bond” or “Attorney Bond”

Generally, when a citizen is arrested, he is entitled to “bail”. “Bail” is the security given by the accused to insure that he will appear before the proper court and answer the accusation brought against him. “Bail” can be satisfied by a cash bond, bail bond, a pretrial release bond, and occasionally, a personal bond. A “bail bond” is a written undertaking entered into by the accused and his sureties for his appearance in court.

Although the power to deny or require bail is not supposed to be used as an instrument of oppression, there are judges that will sometimes abuse their power. A large percentage of bail is set by Justices of the Peace and Municipal court judges during the arraignment process. For some reason, many of them feel it is necessary to set the bail very high. The accused person wants out of jail and will exhaust his resources to get out. And so, the bondsman can drive a Cadillac Escalade, while the accused can’t afford to hire a lawyer to defend him. It is possible to reduce the bail amount by filing a Writ of Habeas Corpus.

What do you do if a bond is not set?

If a bond is not set, and the arrested person does not want to wait for a judge to set his bond, he can get a lawyer to file a Writ of Habeas Corpus to get a bond set. It is commonly referred to around the jail as a “Writ Bond”. It is a bond that is set through the writ of habeas corpus process.

For misdemeanor cases, the Collin County Court at Law judges have set up a way for people arrested to have bail set prior to arraignment by a magistrate (judge). When a person has been arrested for a misdemeanor allegedly committed in Collin County, an attorney can file a Writ of Habeas Corpus “writ” at the jail and the bond will be automatically set at previously determined amount. Presently, the predetermined amounts are as follows:

Class A misdemeanor and DWI cases- $500.00
Class B misdemeanor- $350.00

Felony cases require an arraignment by a magistrate or a “Writ” to be signed by a judge.

The bond can be posted by a bondsman or you can post a Cash Bond. A bondsman will charge a fee for posting a bond that will not be returned. A cash bond will be returned to the arrested person, minus a small percentage, after the disposition of the case.