What Should I Do if I am Arrested in Fort Worth?
Jail release is an important part of a criminal defense.
You should get out of jail as quickly as possible for personal and legal reasons. Many people know someone who underwent personality changes in jail. That is because involuntary confinement alters brain chemistry. Sometimes, this alteration is an improvement. Usually, it is not. Legally, pretrial detention hampers a criminal defense. Most people, including most judges and jurors, assume that people go to jail because they did something wrong. Furthermore, incarcerated defendants only have limited access to their attorneys.
For these reasons, prompt jail release is usually the first priority for a Fort Worth criminal defense lawyer. Jail release solves the two aforementioned problems. A short time in custody usually does not cause a permanent brain injury. The person who walks out of jail is the same person who walked into jail. Second, an attorney has a chance to present a full defense of the charges. A vigorous defense usually means a successful outcome, such as a complete dismissal of charges, a not-guilty verdict at trial, or a plea to a lesser-included offense.
Initial Release
Mostly because Texas has one of the highest numbers of unsentenced inmates in the country, Tarrant County offers a wide range of jail release options. A Fort Worth criminal defense lawyer is an important partner in all of them.
- Pretrial Release: OR (Own Recognizance) release is available if the defendant has a good record and is charged with a nonviolent crime. An attorney advocates for borderline defendants who have old convictions or convictions from other states. An attorney also advocates for defendants charged with stalking and other semi-violent crimes.
- Bail Bond: A bail bond is the most common pretrial release mechanism. Almost everyone is eligible for one, and it costs much less than a cash bond. The downside is that bail bonds usually have the most strings attached. An attorney cuts or loosens these strings, reducing the possibility of bond forfeiture. More on that below.
- Cash Bond: The benefit of a cash bond is that it’s like a security deposit. If the defendant meets all bond conditions, which an attorney usually modifies as mentioned above, the county refunds most of that money at the end of the case. An attorney also helps ensure that the county takes non-cash payments, such as credit cards and even property deeds.
Common bail conditions include general conditions, like remaining in the county, and offense-specific conditions, such as an IID (ignition interlock device) in a DUI.
Bail Reduction, Modification, and Termination
In serious cases, or if the defendant is charged with multiple cases, sheriffs usually do not set presumptive bond amounts. So, an attorney asks the judge to set a bond. The judge considers many factors, such as the severity of the offense, the defendant’s criminal record, and the defendant’s flight risk, if any.
The judge has the authority to modify these conditions at almost any time. Usually, lawyers ask for reductions after the defendant toes the line for about three months. This reduction could be a transition to unsupervised bail.
If the defendant does not fulfill all conditions, the judge could revoke bond. Attorneys ask for second chances in these cases. Because of the aforementioned high jail population, most judges are generous in these situations if the defendant gives something back, like putting up additional security.
Count on a Savvy Tarrant County Attorney
Getting out of jail might be the most important part of a criminal defense. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. We routinely handle matters throughout the Lone Star State.