Whenever you are bailing out a friend or family member, each bail bond company you contact will require a co-signer. When a friend or family member is arrested, it often happens quickly and unexpectedly and you will want to get that person out of jail as soon as possible. As a result, you may not understand what exactly you are signing. Here is everything you should know about co-signing a bond before you sign.
What is a Bond Co-Signer?
A Co-signer, also known as an “indemnitor,” is someone to compensate for any potential loss or damage; or to provide security for financial reimbursement to an individual in a case of a specified loss incurred by the person.
To break it down and help you understand a little better, a co-signer is someone who financially obligates themselves to the full amount of the bond in the event the defendant does not appear in court.
What are your responsibilities as a co-signer?
- Ensure the defendant appears in court: You, as the indemnitor (co-signer), are expected to return the defendant to all court dates that are required by the court. Many times people misunderstand and think that they are only responsible for the first or the next court date immediately following an arrest. This is not true. No matter if the case only lasts a couple weeks or a couple years. Once you sign the paperwork with the bail bond company, you are responsible for the defendant appearing in court.
- Liable for additional fees: If the defendant misses court, the indemnitor could be responsible for any additional fees. This typically includes the hiring of a recovery agent by the bail bond company to locate the defendant and surrender him/her to the proper authorities.
- Forfeiture of total bond amount: In the event the defendant misses court and cannot be located, the court will issue judgement and forfeit the bond posted by the bail bond company. At which time the bail bond company will take the proper steps to collect the rest of the bail amount from the co-signer. If collateral was used, that property or money will be converted to cash to satisfy the debt.
If the accused is arrested again while out on bond, what happens?
The bond can be surrendered and your liability terminated once the accused person is back in custody, however, this presents a couple of issues.
- You will lose the premium that you had initially paid, if you decide to surrender the bond.
- You will also have to post two new bonds (once for each offence) and cover the premium on these bonds if you decided to get the defendant out on bond again,
What are the responsibilities of an individual who has been arrested?
The accused is obligated to appear in court every time they are required to. In some cases, the accused may also be required to cover any bond fees as they come due or pass a drug test, if required by the courts.
Bail revocation, what is it?
When a defendant is ordered by the court to return to police custody until the trial date, because they violated the terms governing their release on bail, this is referred to as bail revocation. A bail revocation may be caused by a number of reasons, including:
- Skipping a court appearance
- Engaging in criminal activity while on bail – revocation can be triggered whether a conviction for the new crime has happened or not
- Failure to abide by the conditions of the bail – conditions for bail may include completing alcohol and drug programs, drug testing, no contact with known criminals, and staying away from the victims and their families.
- In addition to fines and forfeiture of the bond, bail revocation may also result in an additional prison sentence, which is to be served after completing the current sentence. Standards for what’s considered “burden of proof” can vary under state laws; however, bail revocation requirements are the same at both the state and federal levels.
The bond is forfeited once bail is revoked. A notification is sent the bail bondsman, communicating the revocation. Before forfeiture of the bond, the bail bondsman is normally given some time to find and present the accused in person to the court. Illness and hospitalization are one of few reasons the court may delay revocation.
What happens if you bail someone out of jail and they run? What is bail jumping? (write this question myself)
Bail jumping purposely dodging or failing to appear in court as you were directed when bail was posted. This itself is a crime and the defendant will be charged according unless extreme circumstances apply. Courts often do not waive this crime because of previous offences. Additionally, jail time will be extended for the for failing to appear and a bench warrant will be submitted in some circumstances, with the designation of “under advisement.” If this designation is applied, the court granted a second change to appear during a new court date where the case will continue as originally intended.
Is the removal of a co-signer from a bail bond possible?
If at any time you get the impression that the accused will not honor their agreement with the court, you can reach out to the bail bond company. While removing yourself from the bail bond takes away any financial or criminal responsibilities you might have had, it also means that the accused will have to be taken into custody, where they will remain for the entire duration of the case.
Best Practice: Make sure you know all the facts before you co-sign
Honor your agreement
When you sign on the dotted line you are entering a contract with a bail bond company as the co-signer and are expected to hold up your end of the deal. You can’t change your mind or try to alter conditions. However, in some circumstances accommodations can be made.
Get all the facts
Although different bail bonds agency’s may operate similarly, it’s important that as a potential bond co-signer you know all of facts. What exactly are you responsible for? Are there payment plans? It’s easy to rush into something without asking questions, but the best possible thing you can do for yourself as the co-signer is to get as much information from the bail bond company as possible before you decide.
For more information on bonds, or the bail bonds process in general, please contact us at (800) 372-2245 or submit the form below.