By Collin County Criminal Defense Lawyer Jeremy Rosenthal
(214) 724-7065 – 24 hour line
(972) 369-0577 – Office line
Frisco has policies in place to expedite the release from jail for offenses such as misdemeanor thefts. A misdemeanor theft is where the value alleged to be taken is less than $1,500.
If you’ve never gotten anyone out of jail before, then here’s a shotgun course — to get someone out of jail in Texas, you need to pay the bond set for the person. Here’s the problem with most arrests though: there is a lag time between when the cuffs are put on the accused and when the bond is set by a magistrate judge. Sometimes that lag can be as high as 24-hours on misdemeanors. No bond = no release.
Generally theft under $50 (a Class C Misdemeanor) are done at the municipal level and bond is usually set immediately. In those cases you shouldn’t need a lawyer to assist you with a jail release but you should definitely have one down the road.
A Lawyer’s Help
A lawyer can assist you in getting a bond set on Class A and B level theft charges. An attorney for the arrested person can file a “Writ of Habeas Corpus” with the County that will trigger an instant cash bond. That cash bond can be paid immediately — and the accused released (assuming there is nothing else holding them in jail — such as outstanding warrants or other pending charges). Often times local law enforcement will refer to these as “Writ Bonds.”
This Writ of Habeas Corpus or “Writ Bond” process can theoretically include a bail bondsman but virtually never does. A bail bondsman will post bond for someone and will then keep tabs on them throughout the judicial process to make sure that person comes to court. For a writ bond, though, legally the accused is actually technically bonding themselves out of jail — hence no bail bondsman is needed.
In situations where a steep bond has already been set then you may consider calling a bail bondsman to assist. Some lawyers are bail bondsmen but most (like me) are not. When you’re dealing with a jail release situation, always make sure you understand these differences and make sure you are clear as what is happening legally and for what you (and the person in custody) are signing up.
Misdemeanor Theft Charges in General
Though getting a friend or loved one out of jail for theft in Frisco is probably the main priority when you get the alarming phone call — here, here and here is some other information on shoplifting and theft charges for starters.
*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice for any specific case you should consult an attorney directly.