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Dallas Cowboys defensive lineman Josh Brent is no longer in the Dallas County Jail. He was released Sunday morning, two weeks earlier than some had expected.

In addition to the previous terms of his bond, Brent must now wear a drug-detecting patch at all times and cannot drive under any circumstances, court records show.

Brent has a hearing scheduled for July 19, but a jail spokesperson said Brent was released at 10:21 a.m. by a court order.

Legal expert Pete Schulte told News 8 this doesn't come as a surprise, and, contrary to what some people might think, Brent is not getting special treatment because of his status as a professional athlete.

"It's par for the course," Schulte said Sunday afternoon.

Brent was booked into the Dallas County Jail on June 27 after prosecutors said he tested positive for marijuana on June 19, a violation of the terms of his bond.

It was the second time Brent had failed a drug test, first in May, six months after he was charged with intoxication manslaughter in the death of his teammate and friend Jerry Brown.

Schulte said because no new bond had been set, and neither the defense nor prosecution filed any actions regarding Brent's release, it was completely up to Judge Robert Burns to determine how long Brent would remain in custody.

"Judge Burns is very fair. He has done this to my clients... to regular people that there's a bond violation, Schulte said. "Put them in jail for a few days to try and get their attention, but I tell you if it happens again, I think Mr. Brent will probably spend the rest of his time waiting for trial in jail."

Since the claim against Brent involves allegations of drug use, Schulte said the judge probably purposely held him until the end of the Fourth of July holiday weekend.

"He realizes that yeah, he probably needs to be in jail over a holiday weekend because that's when somebody is going to have perhaps the most temptation to either drink alcohol or be around drugs," Schulte said.

News 8 sought comments from Brent's attorney, the district attorney's office and the Dallas Cowboys organization, but our phone calls were not returned.

Last week, Brent's lawyer asked for a gag order in the case based on pre-trial publicity and what he said were improper statements made about the case by district attorney Craig Watkins.

Brent's intoxication manslaughter trial is scheduled for September 23.

E-mail cwade@wfaa.com

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