Getting a call that someone you love was arrested in Collin County is a hard night. One of the first things families ask me is simple. How does bond even work, and what has to happen before he can come home? Here is how the process runs, from the booking desk to the moment someone posts bond.
Booking comes first, at 4300 Community Avenue
Most county charges in Collin County land at the Collin County Detention Facility at 4300 Community Avenue in McKinney. Some cities hold a person in a small municipal jail for a few hours first, but felony and county-level charges move to the McKinney facility for booking. Booking is the identification stage: fingerprints, a photograph, a check for warrants, and the charge itself getting entered into the system.
No bond is set during booking. Bond comes next, in front of a magistrate.
The magistrate hearing under Article 15.17
Texas law says a person who is arrested has to be taken before a magistrate without unnecessary delay, and no later than 48 hours after the arrest. This is the Article 15.17 hearing, and people sometimes call it magistration or the “reading of the rights.”
At this hearing the magistrate does a few things. They tell the person what they are charged with. They give the statutory warnings, including the right to remain silent and the right to a lawyer. And unless a court already set bond on the warrant, the magistrate sets the bond amount and any conditions right there.
In Collin County this often happens by video from inside the detention facility, which is why families rarely get to be in the room for it.
It is also the first point where a Collin County criminal defense lawyer can step in, because the amount and conditions set here follow the case for months.
How the magistrate decides the amount
Collin County judges keep a bond schedule, a standard list of starting amounts tied to the offense. That schedule is a starting point, not the final word.
The rules for setting the amount live in Article 17.15 of the Code of Criminal Procedure. The magistrate is supposed to set bail high enough to give reasonable assurance the person will come back to court, but not so high that bail becomes an instrument of oppression. The law tells the magistrate to weigh the nature of the offense, the person’s ability to pay, their criminal history, and the safety of the community and any alleged victim. Since Texas tightened its bail law, the magistrate also reviews a public safety report that pulls the person’s history before deciding.
The law also says the magistrate should impose the least restrictive conditions needed. That word “conditions” matters, and I will come back to it.
The three ways to post bond
Once there is a number, there are three common ways to satisfy it.
Personal bond (PR bond)
A personal bond, or PR bond, means the court releases the person on a written promise to appear, with little or no money down. A judge grants these at their discretion under Article 17.03. Texas law blocks a PR bond for certain violent charges and for someone already out on bond for a violent offense, so it is not on the table in every case.
Cash bond
A cash bond means paying the full amount to the county. If the person makes every court date, that money comes back at the end of the case, minus any fees, no matter how the case turns out.
Surety bond
A surety bond means a licensed bail bondsman posts the amount for a fee, usually around ten percent, that you do not get back. A lawyer can also post an attorney bond in some cases.
The conditions that ride along with the bond
Getting out is about more than money. The magistrate can attach conditions to the bond, and breaking one can land the person right back in jail.
Common conditions in Collin County cases include no-contact orders in assault and family violence cases, travel limits, drug and alcohol testing, and in some cases a GPS ankle monitor. On a DWI, the rules get specific. For a second or later DWI, and for the more serious intoxication offenses like intoxication assault and intoxication manslaughter, Article 17.441 requires the magistrate to order an ignition interlock on the vehicle the person drives, installed within 30 days of release. On a first DWI the judge can still order one at their discretion.
When a magistrate sets no bond
Most offenses in Texas are bailable as a matter of right under the state constitution. A magistrate can refuse bond only in narrow situations, like a capital case where the proof is evident, or certain repeat-offender and family-violence circumstances the constitution spells out. If someone is being held with no bond, that is a signal to get a lawyer involved fast, because it usually takes a hearing to change it.
Getting the amount or the conditions changed
A first bond is not permanent. If the amount is out of reach or a condition makes work or family life impossible, a defense lawyer can ask the court to lower the number or adjust the terms. A request that comes with real information about someone’s job, family, and ties to Collin County is often the first useful move in a case. If your family is sorting through this, our page on bond and jail-release help in Collin County lays out the options in more detail.
If someone you care about is sitting in the McKinney jail right now, you are welcome to call our office for a free and confidential consultation. Kent will sit down with you and talk through the charge, the bond, and what can be done next.
This article is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts.
Frequently asked questions
- Where is bond set after an arrest in Collin County?
- Bond is set by a magistrate, not at the booking desk. County charges are booked into the Collin County Detention Facility at 4300 Community Avenue in McKinney, and under Code of Criminal Procedure Article 15.17 the person is brought before a magistrate, often by video from inside the facility, within 48 hours. The magistrate sets the bond amount and any conditions unless a court already set bond on the warrant.
- What is the difference between a cash bond, a surety bond, and a personal bond in Texas?
- A cash bond means paying the full amount to the county, refunded at the end of the case if every court date is met. A surety bond means a licensed bondsman posts the amount for a nonrefundable fee, usually around ten percent. A personal or PR bond releases the person on a written promise to appear with little or no money down, granted at the judge's discretion under Article 17.03 and not available for certain violent charges.
- Can a magistrate refuse to set a bond?
- Yes, but only in narrow situations. Most offenses are bailable as a matter of right under the Texas Constitution. A magistrate can deny bond in limited circumstances, such as a capital case where the proof is evident, or certain repeat-offender and family-violence situations the constitution allows. A no-bond hold usually takes a hearing to change, which is a reason to get a lawyer involved quickly.
- Do I have to install an ignition interlock to bond out on a DWI in Collin County?
- It depends on the charge. Under Article 17.441, a magistrate must order an ignition interlock as a bond condition for a second or later DWI and for the more serious intoxication offenses, installed within 30 days of release. On a first DWI, the judge can order one at their discretion but is not required to.
- How does the magistrate decide the bond amount?
- Collin County judges keep a bond schedule with standard starting amounts by offense, and the magistrate adjusts from there under Article 17.15. The law directs the magistrate to weigh the nature of the offense, the person's ability to pay, their criminal history, and the safety of the community and any victim. A related rule, Article 17.028, tells the magistrate to impose the least restrictive conditions needed to reasonably ensure the person returns to court and the community stays safe.