Bates is a valet, not a footman, but I'm sure he'll get out of jail. Season 3 has already aired in England, but I live in The States, so I can't say for sure. I just know that he HAS to get out, so Thomas can get fired. He's a jerk.
The footman in Downtown Abby does get out of jail. However, it is not confirmed if he will be out of jail forever since there are still some seasons to come. His character name is William Mason apart from footman.