If Someone Is In Jail for DWI

What to do if someone is in jail

All fees quoted in this information sheet are estimates only. Every case is different and every county is different. These fees are based on the average fee in the Dallas/Collin/Tarrant/Denton, Texas counties's market.

Information Needed from person in jail or police department:

• Where are they being held?
• City / Municipal Jail
• County Jail
• Detox Tank

What you will need

• Reliable, available transportation
• Cash Money for jail release (<$750 in most DWI cases; <$400 for PI)
• in most cases, money with person in jail can be used

Professional Services

Bondsman - Bond has been set

• Cash in the amount of the bond
• Attorney who posts bonds in the county where arrest was made
• Bondsman

Attorney - Bond has NOT BEEN SET

• Post Writ of Habeas Corpus (Motion to Set Bond)
• Attorney's fees ($100 - $1,000 for DWI 1st arrest ever)

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Understanding Jail Release

Every person who is arrested is taken to a jail facility. Depending upon the criminal charges and the available locations, most persons are first held at the jail of the arresting agency (e.g. Plano Police Department). In some cases (because of facilities and police procedures) persons are taken directly to the County jail which is always located at the county seat (e.g. Collin County - McKinney; Dallas County - Dallas; Tarrant County - Fort Worth; Denton County - Denton).

(Note: release directly from a county jail can be facilitated much more easily.)

In America, all persons held for criminal charges are entitled to a reasonable bond that can be posted to guarantee the person's appearance at all court dates for their criminal case (United States and Texas Constitutions). Bonds amounts are determined by the type of charges, dangerousness of the person held, potential for evading criminal charges and the criminal history of the person involved. Persons with family, friends or property within the county are the most easily to obtain a bond.

Bonds are set by judges, who are elected in Texas. In many jurisdictions there is a "schedule of bonds" by the judges over the jail that specify preset bond amounts for common crimes (DWI, DWLS, Theft, Possession of <2 oz. Marijuana - Most Class A, B, and C offenses).

If a bond has not been set, in most counties a license attorney in the State of Texas may file a "Writ of Habeas Corpus". This is a legal document filed with the Court that alleges that a person is being held for criminal charges illegally and unconstitutionally (because no reasonable bond has been set). In some counties, attorneys are allowed to fill in the bond scheduled amount as pre-approved by the judges and the bond will be set.

Important:
Bonds are HIGHLY dependent on the crime and the person being held. In complicated cases (and in rare counties and good attorneys) judges can be contacted personally by the attorney who discusses the facts presented (as an officer of the Court) and a bond amount can be set and the judge will contact the jail with the appropriate information.

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Once Bond Has Been Set

Once a bond amount has been set, anyone can post the money (cash) with the county jail and the release process will begin. If you personally post the bond in cash, the money you posted (less a county fee < $100) will be returned to the person who posted it:

A) Upon the conclusion of the criminal case
Provided
B) The person accused has appeared at all required court settings.

In some case, some people may not have access to enough money to bail a person out of jail. This is where a "bondsman" provides their service.

Bondsman are in the insurance and loan business. They GUARANTEE the COURT that the person accused WILL APPEAR AT ALL REQUIRED SETTINGS. For the service of using their (bondsman's) money (borrowing it) for the bond for immediate jail release, the person and a family member or friend guarantee the bondsman that the person will appear ("Co-sign" or "Guarantor"). In the case of large bonds, most bondsmen require collateral for the loan (e.g. jewelry, cars, other valuables or property).

Here's the bargain. A bondsman will charge you a percentage of the bond amount (15-80%) for the loan for the bond ("Bonding fee"). If the person fails to appear, and the Court forfeits the person's bond, you agree to pay back the ("loan") total bond amount and forfeit the bonding fee previously paid.

If a bondsman is used, each bondsman has specific rules for their clients as terms of the agreement. It is common that the person will have to contact the bonding company by phone at least once a week. Once a person's status is better known, or if the person is represented by an attorney with a good reputation is employed, some requirements can be removed or avoided.

Note: In the case of large bonds, bondsmen employ persons who will search for the person wanted and bring them back by all legal force, if necessary, and surrender the accused person to the Court (i.e. "Bounty Hunters").

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Please Note:
Once you have been arrested and taken to jail, you become a "criminal" as a participant in the criminal justice system. The charges involved and the personal power and wealth of the accused do not matter. Persons in charge of jail have one object: the safe incarceration of all persons charged with a crime. All persons are treated equally. Violent and non-violent criminals are not mixed together to avoid difficulties with the goal of safety and confinement. No County jails are "country clubs", however they are all a long way from "Shawshank Prison".

Both cash bonds and surety bonds (bondsman) work well in most cases. It typically is a question of available finances for the transaction. In the time of ATM with withdrawal limits and persons living from paycheck to paycheck, the bondsmen provide a valuable service to the community.

If you are able to post a cash bond, it is the most preferable. With a cash bond, a person has no requirements on their release except to appear in court when notified by the Court (It always remains the PERSON'S responsibility to know when they must appear.) At the conclusion of the case, the money posted for bond can be returned to the posting person or used by the defendant to apply toward any court costs or fines assessed in the event the case results in a conviction.

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