Bonding Someone Out on a Felony Charge

February 28, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

This is actually an easy process to understand, but unfortunately it moves at the speed of government.

First you need to learn exactly what they are being charged with by the police.

Once you find out what they are charged with, your next step is to find out whether they have been before a magistrate judge to set a bond.  A bond is an amount of money paid or pledged to insure the accused appears for court.

Section 14.06 of the Texas Code of Criminal Procedure gives the police 48 hours to take someone arrested before a magistrate for the purposes of setting bond in felony cases.  If they don’t, then it triggers an automatic $10,000 bond under Section 17.033.  Rarely will anyone wait that long.  You can expect someone to be taken before the magistrate within the first 24-hours of arrest — hopefully sooner.

You have several ways to satisfy the bond.  If you pay the bond in cash then the bond is refundable once the case is over and the defendant complies with all the terms and conditions of bond.  If you cannot pay the bond, you can either contact an attorney-surety approved by the local county or you can contact a bail bondsman.  Both attorney-sureties and bondsman pledge to pay the county money in the event of non-appearance of the defendant.

Make sure any bondsman or attorney-sureties are licensed, bonded with the county, and reputable.

If the bond is too high, you can have an attorney petition a Court to have it lowered.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article should be considered legal advice.  For legal advice, please consult an attorney.


What Happens After an Arrest and Release From Jail on a DWI

February 18, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

You’ve been released from jail after the worst night of your life after a DWI arrest.  Now what?

You’re immediately responsible for two things when you get released.

First is that if your driver’s licenses was taken by the officer because you either refused the breath test or the machine reading was above a 0.08 – you have 15 days from the date of the arrest to file for an Administrative Law Review Appeal (“ALR”).  If you don’t file your appeal, your temporary driver’s license (the yellow sheet of paper they’ve given you at the jail) will be valid for only 40 days from the date of arrest.  If you do appeal – the suspension is put off until your hearing, which is usually farther out than 40 days.  If you win the ALR, your license doesn’t get suspended.  If you lose the ALR, you may be eligible for an occupational license.

Second is that, in all likelihood, you’ll get a notice to come to Court.  Collin County will mail your court date usually somewhere between one and two months after your arrest — but it can be sooner so watch your mailbox!  Dallas gives you a case number and has you check in every few weeks until the case is filed – at which point you can begin evaluating the nuts and bolts of your case.

Collin County will sometimes give you an immediate court date a week or so after your release from jail on a DWI for the purposes of complying with Texas code provisions that require a judge to assess whether you need an interlock device (deep lung device) on your car.  You should get this notice upon leaving jail if you get it at all.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about this situation or any legal matter you should consult an attorney.