Frequent Questions

Read more about frequently asked criminal law questions.


Finding Someone In Jail

Finding someone in jail can be a drooling task.  Criminal defense lawyers can help and should do so for free.  Gary Redman is available 24/7.

Texas Jail Search

The search for someone in jail should begin by searching government databases in the last county the person was believed to be in.  Most counties have websites for this task.  However, you should always call the county jail for confirmation. It is also recommended to try different spellings of a persons name. For instance, if searching for Gary Redman in jail try: Gary Redman (correct), Gary Redmon, Gary Redmond, etc.

City Jail Search

If the person has not been booked into the county jail, try searching for the local police departments. Sometimes the police will take a person accused of a crime to the city jail instead of the county. Citizens accused of crimes are often held for a short period and then transported to the county. There are many reasons for this delay, but the most feared reason is if the arresting officers want to have an experienced investigator interrogate the inmate. This could also happen in the county jail. But, it is often attempted first at the city.

Note: The jail release process is much quicker if it begins while someone is detained in the city jail.

Free Texas Jail Search by County

Dallas County Search for Someone In Jail

Collin County Search for Someone in Jail

Denton County Search for Someone in Jail

Rockwall County Search for Someone In Jail

Fannin County Search for Someone In Jail

Tarrant County Search for Someone In Jail

Grayson County Search for Someone in Jail

Wise County Search for Someone In Jail

How Much To Get Out of Jail?

Costs to get out of jail differ in Texas.  The jail release process can most often be expedited by a lawyer.  Dallas County is know to have the longest jail release process in Texas.  This article will discuss why bond amounts differ, magistrates that set bonds and the process to reduce bond.

A person arrested for a criminal offense in Texas is required to post a bond to be released from jail. The amount of the bond depends on what criminal offense they are charged with, criminal history and which judge sets the bond. A county judge or district judge can later change the bond amount, lower or higher. The person will remain in custody until this occurs. A lawyer is often needed to expedite the processes by filing a Motion to Reduce Bond. A prosecutor can either agree to the bond reduction or oppose it. Opposition will trigger a bond reduction hearing. The date and time of the hearing will depend which court the case is assigned to.

Class C Misdemeanor Bonds

Texas laws allow a police officer to make an arrest for any offense, including class C misdemeanors. Class C misdemeanors are handled at the municipal court or justice of the pease. Public Intoxication, Minor In Possession of Alcohol, Driving Under the Influence by a Minor, Assault by Offensive Contact, Drug Paraphernalia, Disorderly Conduct and many other minor offenses are Class C misdemeanors. These offenses are punishable by a fine up to $500.00. However, if you pay the fine to be released from jail, it will result in a conviction that will always be on your record. One should either hire a lawyer to post an attorney bond or post a cash bond to be released.

Class B and A Misdemeanor Bonds

Class B and Class A misdemeanors such as Driving While Intoxicated, Possession of Marijuana under 4 ounces, Assault, Family Violence, Minor Theft, Possession of a Dangerous Drug, etc are handled at the county level. After being arrested for DWI or any misdemeanor, a magistrate judge will review the probable cause affidavit created by the arresting officer and then set bond. The magistrate judge will not be the judge that presides over the case at future hearings or trial. The magistrate judge is usually the city judge in the area of arrest. However, most police departments, especially the Dallas Police Department will transport an arrestee to the county jail. There does not seem to be a consistency in Texas as to when a judge will arrive at the county jail to set bond. It usually happens the following day before noon. In Dallas County Jail, there is a judge present 24 hours a day to set bond. The above is also true for felony offenses. However, the bond amount will be higher.

Conditions of Bond

A magistrate may set conditions on any bond set. Bond conditions include deep lung devices for DWI offenses, random drug tests, restraining orders and many other. Texas laws allow a judge to add any condition that is reasonable. A Dallas County Judges or Dallas County District Judges can always add or remove bond conditions.

Dallas and Other Counties 

Some counties, including Dallas County have “bond schedules.” Bond Schedules are a list of charges, categorized by degree of the offense, that judges have predetermined how much a magistrate “should set the bond amount at.” Magistrate judges are not required to follow bond schedules. And, most city judges do not.

Dallas County Jail’s bond schedule for Driving While Intoxicate is $500.00. This is for first DWIs. The amount goes up for second DWIs, Felony DWIs, and Intoxication Manslaughter/Assault. Dallas County Bonds for minor felony offenses are usually $1,500.00. City judges usually set bonds for felonies between $1,500.00 and $5,000.00. Again, the amount usually depends on the degree of offense and one’s criminal history.

Posting Bond – Cash or Surety

Once the bond is set by a judge, anyone can post the bond by taking cash to the county jail. Bonding companies or bondsmen can post surety bonds.   Bail bondsmen often charge 10% plus other minor expenses such as a sheriff’s fee. Some bonding companies will charge more if they believe a person is a “flight risk.” If a person fails to appear at a court setting, the bond can and often is forfeited.  If a cash bond is posted and a person fails to appear, the money is forfeited to the county.

Attorney Bond

A lawyer can post an attorney bond for class C misdemeanors in Texas.   Gary Redman is located in Dallas and available 24/7 to post attorney bonds.

Is a Texas Occupational Drivers License valid in other states?

This is a question I often get from clients.  The answer depends on the foreign State’s law regarding occupational licenses. You should always check with the state’s Department of Public Safety ahead of time.

Texas law requires a court order granting an occupational license to be submitted to the Department of Public Safety before a license is issued, along with the necessary fees and an SR-22 policy.  The court order serves as an occupational license for 45 days.  Once DPS receives the required documents, an occupational license is mailed to the licensee.  The order lists various restrictions placed on the license holder such as hours allowed to drive, driving curfews, driving purposes and roads of travel.  Some judges restrict driving to specific counties.  Other judges allow driving on all roads and highways in Texas.  However, Texas judge only has jurisdiction to allow a person to drive in Texas.  If you are stopped while driving in Texas, Texas law requires you to show the officer your occupational license as well as the court order.  If you are stopped in another state, you are only required to provide your occupational license, unless the law of that state provides otherwise.

It is also important to note that if the license holder has an interlock device, judges cannot add any restrictions to the order, except the interlock requirement.  Texas law relating to occupational drivers license is very complex.  If you have any questions relating to a Texas occupational license, contact Gary Redman for a free consultation.

It is strongly recommended that you hire an attorney familiar with the expunction process.  The rules governing an expunction are very complex.  A petition for an expunction must be drafted and filed in court.   A hearing will be set and procedural rules must be followed.   Once an expunction order is final, the records relating to your arrest are destroyed and you can deny the arrest, unless you are testifying in a criminal proceeding (then you only have to state the records have been expunged).  Given the value of an expunction order, the entire process must be done correctly. The last thing you want is to deny the arrest while some of the records exist.

Contact Dallas Expunction Attorney Gary Redman or complete the Free Eligibility Check under the Record Clearing.

If you are arrested for a criminal offense, you should immediately ask for an attorney.  Then keep quite, even if you are innocent. The fact that you’ve already been arrested means the officer feels there is a probability you committed a crime.  At this point, there is most likely nothing you can say to change the officer’s mind.  If anything, you’ll help build a case against you from incriminating yourself.  If your “side of the story” will help, an attorney will be able to provide it to the officer.

At the courthouse, I over heard a clerk telling a defendant, “Ma’am, you may need to hire an attorney.”  The woman said, “I don’t need a lawyer, I’m innocent!”  

If you are facing a crime, it is always in your best interest to hire a criminal defense attorney.  The sooner the better.  And, it is rarely, if ever, a good idea to “tell your side” to law enforcement without an attorney present.  Whether or not you feel you’ve been wrongfully accused of a crime, a criminal lawyer will be able to protect your constitutional rights, keep you from incriminating yourself and begin building your defense if necessary.

Dallas Criminal Lawyer Gary Redman

 

Make sure you always remain calm, cool and collective…even if you are wrongly arrested.

This is one of the most common questions.  And my response is always, “it depends on how much you’ve had to drink.”  My answer is divided into three scenarios-  1. Did you consume a few drinks but are not intoxicated?; 2. Consumed enough to possibly be over the legal limit but you can do well on the tests?; or 3. Are you flat out wasted and definitely should not have been driving?  Before I explain, let me make it clear I’m not an advocate for drunk driving. And, I do not feel anyone should drive under scenario 3.

First, the officer should ask you to exit the car for field sobriety tests.  The standard field sobriety tests consist of the HGN test, Walk and Turn test, and One Leg Stand test.   Officers can also add tests such as the finger to nose test, alphabet (not backwards), counting backwards etc.  If you have had very few drinks, but you are not intoxicated, its better to take the sobriety tests.  This includes a blood test.  However, if you cannot pass the balance tests for any reason, intoxication, or due to other medical, physical or any other conditions, respectfully refuse the test.  Refusing all tests can and often is interpreted as a sign of being intoxicated….whether you are sober or not.  It looks better to pass the tests (or perform well) as opposed to refusing everything.

Recently, a female friend called me as she was getting stopped and asked me what to do.  I asked her how much she had to drink.  She told me, “I swear, only two vodka waters over a two hours.”  As the officer was approaching her car, I told her to do all of the tests and demand a blood test.  I also told her to get ready for the ride to the jail, because she would probably still be arrested.  She performed extremely well on the field sobriety tests and was still arrested.    Her car was towed.  She had to post bond.  A DWI charge was filed against her.  Months later, her blood test showed her blood alcohol level well under the legal limit.  She was found not guilty at trial and her records were expunged within 30 days.  If she had refused everything, it would have been a more difficult trial to win.

Some clients have told me that other lawyers advised to “always refuse all tests and request a lawyer.”  This is good advice under scenario 3 “flat out wasted.”  But, this is not always good advice.  If my client above had refused everything, it would have been a much more difficult trial to win.  If it’s ever questionable whether you can pass the tests, it’s probably best to respectfully refuse them and request a lawyer.  Then, stop talking!

Dallas DWI Attorney Gary Redman