Do You Have to Stay in Jail Until Your Criminal Trial?

 Posted on November 30, 2023 in Criminal Defense

Following an arrest, you may be subjected to a holding cell before you can be seen by a judge. Since nobody wants to sit in a jail cell awaiting their fate, Texas courts give defendants options to be released from police custody as they await trial.

Our Frisco, TX criminal defense attorneys would like to discuss the process of being released from jail, whether it be through posting bail, personal recognizance, or securing an attorney writ bond.

Posting a Cash Bail or Bond Bail

Following your arrest, you can expect to wait 48 hours before you are granted a bond hearing. At your bond hearing, evidence will be presented by a prosecutor and the police to discuss the charges brought against you.

Whether you hire a private attorney or use a public defender, your defense lawyer will argue your case in front of a judge. The defense lawyer has the task of convincing the judge that you are trustworthy and dependable and that you should be released as you await trial.

If a judge does grant you bail, but you are unable to post the full amount, you can secure a bail bondsman to post the money on your behalf. A bondsman will generally charge you a fee that is 10-20% of the full bail amount. In exchange for the bondsman posting bail, you will be required to put up a valued item as collateral.

Being Released on Your Own Recognizance

In some cases, you may be released without having to post money, known as being released on your own personal recognizance. When this occurs, it is known as a PR Bond. Even if you meet all the prerequisites to be issued a PR Bond, the court does not always grant a PR bond to all eligible offenders.

When a judge grants a PR Bond, you will have to sign an oath promising that you will appear in court on a certain date, time, and location. You also state that if you fail to appear, you will pay all necessary and reasonable expenses associated with your arrest.

Securing an Attorney Writ Bond

If you do not want to wait for a bond hearing, you may be granted an attorney writ bond. The court normally reserves these bonds for non-violent misdemeanors, such as driving while intoxicated (DWI), possession of marijuana, and theft.

As the name suggests, only an attorney can secure you an attorney writ bond. You will need to contact your attorney to see if you are eligible. Similar to bail, you will need to pay a specific sum of money to be released from jail. Law enforcement will determine the specific amount for your release, and your attorney will take care of the rest.

You can expect to be released from police custody within a few hours. A bond condition hearing will be arranged within ten days of your arrest. A Collin County criminal defense attorney will present evidence to show the judge that you should remain out of jail until your trial begins.

Contact a Frisco, TX Criminal Defense Attorney Today

If you have been arrested, you need a Collin County, TX, criminal defense attorney who will be by your side. With over 25 years of combined experience, you know you are in good hands in choosing Law Offices of Biederman & Burleson P.L.L.C. Contact us online or by calling 469-333-3333, day or night, to schedule your free consultation.