By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal
Jail Release No. (214) 724-7065
Office No. (972) 562-7549
It’s going to be a little more difficult to post bond and get out of jail on misdemeanors from the main Collin County jail such as DWI, possession of marijuana or theft. Fortunately, though, it’s still possible to have it done quickly with an attorney writ bond.
Effective November 18, 2010, all persons held on Class A and B misdemeanors in the McKinney jail must go before a magistrate to have bond set. It was previously jail policy that an automatic $750 bond was set for any and all persons held on misdemeanor charges. The hard truth is that it takes a while to see a magistrate even though Code of Criminal Procedure requires that people arrested be taken before a magistrate “without undue delay.”
Here’s what the change means in plain language — to get someone out of jail on a misdemeanor, a bond must be paid to the county. To pay the bond, the bond needs to be set in the first place.
A bond can be set several different ways. The most common way is that a magistrate judge arraigns the accused and sets a bond amount after the person is brought to the jail. Other ways bonds are set are via Writs of Habeas Corpus filed by attorneys, or by county policy.
This policy change by the county means there are now only two ways instead of three for a bond to be set on a misdemeanor case such as a DWI, marijuana, or theft arrest. Actually being seen by the magistrate — or by an attorney writ bond.
This policy change will effect those arrested in some of the smaller communities in Collin County. People arrested in areas such as Murphy, Parker, Wylie, Sasche, Celina, Prosper, Anna or Melissa are more likely to be taken to the main Collin County Jail very shortly after arrest. The smaller jails aren’t equipped for people to stay more than several hours.
*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 circumstance, you should consult an attorney directly.