By Collin County Criminal Defense attorney Jeremy Rosenthal
(214) 724-7065 24-hour line
(972) 369-0577 office line
Getting someone out of jail is a two-step process. A bond (amount of money paid to the County to secure the release of an arrested person) must (1) be set; (2) and then paid or otherwise satisfied.
Bond can be set one of two ways in Plano, Collin County, for a first, second, or DWI over 0.15 arrest:
1. Writ Bond
Collin County has a process described as a writ bond as a way to release people from jail without having physically appearing before a magistrate judge. This is a writ of habeas corpus filed by an attorney on behalf of the accused which triggers an instant cash bond with the county.
Once the bond is paid, the person is released (assuming they have no other holds or unaddressed charges pending).
2. Seeing a Magistrate Judge
A magistrate judge generally arraigns people arrested at the Plano city jail on a daily basis — normally in the morning. This is where the judge will set a bond. A Magistrate will take into consideration the severity of the charges amongst other factors when setting bond.
The main advantage of a writ bond is it will usually result in a quicker release from jail.
Paying the Bond
The County should accept cash for a bond set by a writ or from a magistrate judge. The money is held by the County while the case is pending and is refundable once the case is over whether the accused is acquitted, convicted, or if the charges are dismissed. The county can generally keep the money if the accused does not show up for a future court setting.
If you do not want to post the actual cash amount, then you can hire a bail bondsman who can guarantee the necessary amount on your behalf.
What if They Told Me They’re “Transporting” Him/Her to the Collin County Jail?
You can still do a writ bond at the main Collin County Jail in McKinney just the same as you could in Plano as long as the arrestee has not seen a magistrate. There is typically a delay because of the transportation process. Arrestees are transported to McKinney because it saves cities such as Plano money and has no significance to your friend or loved one’s underlying case.
Depending on the time of the transfer, it may delay the arrestees ability to see a magistrate judge once they get to McKinney. Jailers will not discuss the times or methods of jail transports with the public for security reasons.
After Getting out of Jail:
One of the main questions I am asked about when someone learns their loved one was arrested for DWI is about how severe the charges are. You can read about the severity of DWI charges here. Generally, an attorney can cover the remainder of the ups, downs, rights and lefts of a driving while intoxicated arrest at a consultation. (preferably after your friend or loved one has gotten some sleep!) My guess is that for now, you’re probably concerned enough about item No. 1 above. If you’re really that curious, though, I’ll give you more basic information on DWI’s here, here and here, but it really takes an hour or more to go over everything in person.
*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article should be considered legal advice. For specific legal advice, you should directly consult an attorney.