So one of my clients called me a few days ago, and he was very angry! He wanted to know what he could do about his weekend in jail. After consulting with him about the case and explaining to him what his rights and options were on the original charge, I was amazed to learn that he remained in custody, locked-up with everyone else for approximately 11 hours AFTER HIS BOND WAS POSTED AND ACCEPTED!
I would have had a more difficult time believing this had I not been the one who ensured the bond was posted. I even made the initial payment, because this client is a close personal friend of mine.
So, I started digging through Texas law, both statutory and case law, to determine if there was anything that would provide guidance on how long the Sheriff could keep someone in jail AFTER a bond was posted. I was surprised to learn that there is not. In fact, I have still not found anything but am continuing to research this issue. So, if you know the answer to this question or have similar stories, I would love to hear from you.
If there is not a limit, this is really something that the legislature should consider. Whether it rises to the level of "cruel and unusual punishment" as contemplated by the US Constitution, I have not decided that as of now, but I am betting that the media would be interested to know more about this circumstance.
Oh ya, one other point about this matter… the person kept in jail was there for a first offense Driving While Intoxicated (DWI) charge… his bond, $1000.00. So, as you can imagine, this is not a major case that should warrant an additional 11 hours in jail after your bond is posted.