Skip to main content
I remember when a bond for a first time DWI was $500. Now, in Tarrant County a person accused of a first time DWI, with no other criminal history, stays in jail for up to 3 days as the system "processes" their income level to set an appropriate bond (where many will do a government pretrial bond) . People are being shipped from small municipalities to the central Tarrant County jail before this is done.  The law allows magistrates up to 72 hours to set a bond and unfortunately, this is about how long it is taking.  Moreover, once a person bonds out many are required to report to pretrial services. Here, they are paying fees and taking drug tests before they are even convicted. I have a current Parker County client who has not had a DWI in 21 years and the magistrate ordered that he have a $500 a month SCRAM bracelet (measures your sweat for alcohol),plus an interlock on any vehicle he drives. He must also report to pretrial services in Parker County once a week. His case is not even filed!  He works out in west Texas! (We are in the process of changing this.) It is outrageous overkill  that a magistrate would make such an order. If he is found Not Guilty or his case is never filed, he does not get one penny back. This did not exist on such a vast scale when I first started practicing law. No wonder all the bail bondsmen are going out of business. The government has taken over and they can't even wait for a conviction. Wrong.


Comments

Popular posts from this blog

Can A DWI Affect My Eligibility For Global Entry?

In general, all United States citizens and lawful permanent residents possess eligibility to apply for Global Entry. This is a program through Customs and Border Protection that allows for expedited clearance for pre-approved, low-risk travelers. That said, Customs my deny eligibility for a variety of reasons such as providing false information on the application and a finding of customs violation for *any* country (not just US Customs violations). However, there are 3 important reasons related to criminal defense that everyone should know. First, Customs may deny eligibility if you have been denied for the purchase of a firearm. This restriction is important because firearm restrictions may, on occasion, be a condition of a criminal charge, even if the charge is dismissed. Further, a denial of a firearm purchase may show Customs that you are not a “low-risk” traveler based on the reason for denial. Second, Customs may deny eligibility if you are the subject of an *ongoing investiga...

The Biggest Misconception in a DWI

The biggest misconception in a DWI is to correlate a single bad driving behavior with guilt in a DWI. Whether it be a jerk (failure to maintain a single lane), accident (losing control and hitting something like a curb, pole, or another car), or stopping too long at a stop light, this may very well be evidence of driver inattention unrelated to intoxication. I have analyzed thousands of DWI cases and have tried over 300. What I typically find is a prosecutor who argues that the driving behavior which so often happens due to driver inattention be argued as clear evidence that a person is intoxicated. This is simply not fact. The facts are that every day drivers commit these violations due to distraction, inattention, fatigue or a host of other factors. Accidents are so common that the law mandates a driver operate a motor vehicle on our public roads with liability insurance. The mere fact that a driver commits these with alcohol or a substance (medication, drugs, caffeine, etc.) in ...

Common Sense

Arthur Anderson goes down. Enron goes down. Big CEOs in jail. The nation woke up one day and said enough is enough. Don't tell us that just because you hire the best accounting firm you can create your own tax breaks by creating sham companies; just because the SEC in the past has winked at insider trading we are going to continue to allow the big CEOs to get rich because they know when to trade or sell (even going after small trades like the Martha Stewart case). Whether or not all those involved in the crackdown were deserving (in the Anderson case apparently one nose bleed CPA type brought the whole firm down due to bad ethics) I cannot say but what it obvious is that the press through the nation got the legislators and judges concerned and the rest is history. The same needs to happen for DWI. Bad ass lawyers have a job to do but we don't serve as the press. Some of the 1.4 million DWI arrestees (this statistic in contrast to NHTSAs approx. 17k alcohol related deaths) need ...