This is actually an easy process to understand, but unfortunately it moves at the speed of government. If you are inquiring about a friend or loved one -- I am sure they appreciate you being there for them. Often times, this is the most stressful and difficult part for them and you.
First you need to learn exactly what they are being charged with by the police. Dallas County has a frustrating automated system which is slow to update, so be patient. In the Collin County jail and in city jails such as in Plano it is much easier to visit on the phone with a human who can answer your questions.
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 bond. 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.
Unfortunately there is nothing you can do until bond is set. In America the police aren't supposed to play games, drag their feet, and not bring someone to a magistrate. It's one of those things that separates us from places like North Korea and Iran. In theory anyway.
Once the bond is set, you can pay it all yourself. If the bond is too high, you may consider calling a bail bond company. Make sure they are licensed, bonded with the county, and reputable. Bail bondsmen are actually pros at walking people who aren't used to getting someone out of jail in the middle-of-the-night through the system.
If the bond is too high, you can have a lawyer petition a Court to have it lowered. This usually can't be done until a weekday which is when District Judges that preside over Texas felony cases are available.
Jeremy F. Rosenthal
(972) 562-7549
*Jeremy F. Rosenthal is an attorney licensed in the State of Texas. Nothing in this article should be considered legal advice. For legal advice, please consult an attorney.
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