By Collin County Criminal Defense Lawyer Jeremy Rosenthal
(214) 724-7065 (24-hour jail release)
What is needed is generally called a “writ bond.” A writ bond is a document filed by a licensed attorney with the county triggering a cash bond.
In English, this means that you can get a loved one out of jail without having for them to wait on a magistrate — a process which by law may take up to 24 hours. The most common application are DWI cases from Plano, Frisco or Allen.
Legally here’s what is happening: An attorney is filing a “writ of habeas corpus” on behalf of his client (the person in jail). The application asks that bond be set. The bond is paid (presumably by a friend or family member). Collin County requires the person paying to sign an acknowledgment that the money received is the money of the inmate — and will be refunded to the inmate at the conclusion of the case.
For a writ bond, the inmate is both the principal and the surety on the bond. The person released must report back to court. If the arrested person fails to go to court and has his bond forfeited, then a warrant is issued and the County can institute proceeding to keep the bond money originally paid.
This process shouldn’t be confused with a bail bond. That is where a bondsman posts the bond with the county on the inmate’s behalf. This gives the bondsman incentive to make sure the released person goes to Court because if they don’t, they’re liable to the county for the bond fronted.
*Jeremy F. Rosenthal is an attorney licensed to practice in the State of Texas and is Board Certified in Criminal Law. Nothing in this article is intended to be legal advice. For legal advice, please consult an attorney.