JAIL RELEASE IN WILLIAMSON COUNTY TEXAS
Unlike Travis County, other than waivers of magistrate performed by attorneys, there is generally no form of Attorney Jail Release in Williamson County. Generally, once someone is arrested, the person in custody or a friend or family member must post their bond. This can be accomplished through a bail bond company, a cash bond or the magistrate may release them on a personal recognizance bond (requires a small fee through a money order). If the bond is the result of a Cash Bond, most of the bond will be returned once the case is resolved, minus an administrative fee. Most bond companies typically require up to 20% of the bond amount before they will post a bond. However, hiring an attorney before retaining a bond company often saves the client time and money. This is because bond companies generally offer a 10% reduction in fees if an attorney is retained.
WAIVER OF MAGISTRATE
To expedite the process of jail release, an attorney can perform a Waiver Of Magistrate, also referred to as Waivers of Magistration. This will generally save the person in custody several hours of time. The process eliminates the person in custody from the formal process of going before a magistrate to be advised of their rights, setting of a bond and having the charges explained to them. However, this process is only available if a recommended bond exists. For a recommended bond to exist, the arrest must have occurred as the result of an open warrant. If someone was arrested on site, meaning there was no warrant and no recommended bond, a Waiver Of Magistrate cannot be performed and the person in custody cannot be released without first appearing before a magistrate. I often provide waivers of magistration and I can inform you if a waiver is available.
MISDEMEANORS
There are three types of misdemeanor offences in Texas. They include: Class A; Class B; and Class C misdemeanors.
PEN § 12.21 defines the punishment range for a Class A Misdemeanor:
An individual adjudged guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one year; or
(3) both such fine and confinement.
PEN § 12.22 defines a Class B Misdemeanor:
An individual adjudged guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both such fine and confinement.
PEN § 12.23 defines a Class C misdemeanor:
An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.
How long will it take to resolve my misdemeanor case?
When an individual is released from custody they are provided with a court date. This date is generally set two to four weeks from the date they were released. Once I am hired to represent you, I will reset your court date and you will no longer need to appear at your initial court date. Typically, two announcement court settings may be set to reach a plea agreement or possibly a dismissal. This process generally takes 1-3 months, but it may can take longer. If an agreement isn't met and the case goes to trial, the process could take 6 months or more.
FELONIES
In Texas, four types of felony punishment ranges exist. They include First Degree Felony; Sencod Degree Felony; Third Degree Felony; and State Jail Felony.
First degree felonies are the most serious and carry the most severe punishment.
PEN § 12.32 defines the punishment range for a First Degree Felony:
(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.
PEN § 12.33 defines the punishment range for a Second Degree Felony:
(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
PEN § 12.34 defines the punishment range for a Third Degree Felony:
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
PEN § 12.35 defines the punishment range of a State Jail Felony:
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or
(2) the individual has previously been finally convicted of any felony:
(A) under Section 21.02 or listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure.
How long will it take to resolve my felony case?
Just like with a misdemeanor, when the client is released from custody, they are provided with a court date. With a felony, it's important to retain an attorney quickly because the initial court date cannot be reset. However, if the state is going to proceed with a trial, they must take your case befor a grand jury and obtain an indictment. Thus, felony cases can often last for 6 months or even longer if there is going to be a trial.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
