Attorney Writ Bonds in Texas: What You Should Know & Why You Need a Lawyer

 If a person is arrested for committing a criminal offense in Dallas County, it is the purpose of its jail to hold him or her for a certainly period of time until the case is either resolved, or, until a bond is ultimately posted.  A bond, set by either a judge or magistrate, is a way in which the court is provided with reassurance that the alleged offender will show up for his or her scheduled court date.   However, normal jail bonds posted through the “default” process are associated with a number of drawbacks, such as (i) judges and magistrates typically apportion only 30 minutes or so of their time each weekday and one day on the weekend to set bonds; and (ii) being able to get before a magistrate or judge often requires the alleged offender to be transferred from the city to the county jail – meaning, a person may be forced to sit in jail for a couple of day before having the opportunity to post a bond and return home to their loved ones.  Accordingly, it is important to consider the alternative:  an attorney writ bond.

An attorney writ bond, unlike your average bond, cannot be filed by a bondsman (or bond issuing company), requires an attorney, and often results in the release of a person with in a few hours.   With this in mind, it is important to consider that in Texas, there are a number of bond companies that work in conjunction with lawyers and as such, advertise that they are authorized to issue attorney writ bonds.  Despite the questionable legality associated with this practice, the following are a number of key reasons why hiring a criminal defense attorney is important when seeking an attorney writ bond:

  • Hiring an attorney provides an accused with not just a bond, but also immediate legal services, counseling, and advise that a bondsman is not qualified to provide.
  • When a person is arrested, they may naturally ask a bondsman questions about their case.  Sometimes, the company representative will answer their questions, which is illegal and can lead to huge and highly detrimental legal mistakes.
  • Only an attorney has the complete authority to visit an incarcerated individual, and to provide legal guidance, support and advice.  A bondsman does not meet with a person who is in jail.
  • An attorney writ bond is only the beginning of the process. Meaning, once you receive a writ, it is crucial to consider the next steps, such as consulting with an attorney as to the scope of your rights and responsibilities.  When a bondsman issues a writ bond, their job is done, leaving an accused without further information as to where to turn next.
  • A bondsman simply writes a bond and is not concerned, nor legal authorized, to address the outcome of your case.
  • Bondsmen, unlike attorneys, are not required to put their client’s interests first.  As such, due to volume, they may treat people like numbers and are not in a position to sit down and listen to you.   Moreover, it is crucial to keep in mind that a bondsman has no obligation to help you.  Unlike an attorney, a bondsman has the right to request a judge to be discharged from a person’s case for whatever reason.
  • An attorney has a professional, ethical and fiduciary duty to his or her clients.   With that being said, an accused’s interests, pursuant to Texas law, are his or her number one priority.

If you are interested in learning more about the above, or are facing criminal charges in Texas, contact Jack Pettit, Attorney at Law, today at 214-521-4567.  For over three decades, Dallas criminal defense attorney Jack Pettit has been successfully representing clients located throughout the City of Dallas and Dallas County.  We look forward to providing you with superior criminal defense representation.

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