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If you have a loved one who has been arrested for a crime and wants your help in securing bail, you’ll probably be wondering “What is an indemnitor on a bail bond?”. This comprehensive guide will reveal all.
Here at Alana’s Bail Bonds, our team of experienced bail bondsmen work closely with both defendants and indemnitors to unlock the best outcomes for all parties.
1. Understanding the Indemnitor Role
Perhaps the easiest comparison to help you understand the role of an indemnitor is with a guarantor on a loan or mortgage. When considering what is an indemnitor on a bail bond, the simplest answer is that they are a co-signer who takes responsibility for the defendant leading up to their trial date.
An Indemnitor is needed when a defendant is considered a high flight risk by the courts and bail bondsman. Putting a guarantor in place limits the bail bonds company’s potential legal and financial exposure, which means they can offer their services even if the defendant may break their bail terms or does not have the financial means to cover the bail premium without a co-signer.
2. Responsibilities of an Indemnitor
Back in 2021, the Supreme Court judged that setting bail at an amount a person cannot afford to pay is unconstitutional. Nonetheless, a large percentage of defendants will need an indemnitor to secure their release, not least because accessing money can be difficult when in custody.
As an indemnitor working with a bail bondsman, an indemnity agreement must be signed. This means that you will become responsible for the full bond amount should the defendant skip bail. Therefore, you must also ensure that they attend the required number of court hearings and satisfy other bail terms - such as staying within the borders of California.
3. Indemnitor's Financial Liability
As an indemnitor, you will instantly take on the financial responsibility on behalf of your loved one. Consequently, then, you will need to pay the bail bond fee (known as a premium) so that your bondsman can get to work. This figure usually equates to 10% of the full bail figure.
However, Alana’s Bail Bonds can offer a range of bail bond payment plans, which means you won’t have to make the full payment today. As long as our quick credit checks confirm that you are good for the money if the defendant fails to pay, we’ll accept the agreement. In turn, this allows you to reach an agreement in which the defendant makes most of the payments once they are released from custody.
4. Qualifications of an Indemnitor
Given that an indemnitor is primarily used when the defendant is not able to arrange a bail bond by themself, you will need to show that you are capable of taking on the responsibility. The main issue relates to financial responsibility.
As an indemnitor, you must prove that you have the financial capability to repay the full bond if required. This can be done via cash, property, or other forms of collateral. As long as the defendant completes the criminal court process as expected, though, only the bail bond premium will be required.
5. Indemnitor's Role in the Bail Process
When thinking about what is an indemnitor on a bail bond, they are ultimately a representative of the defendant. If the bail bond company is an intermediary between the defendant and the courts, your role is the connection between the defendant and the bail bondsman. In short, your position is to;
- Pay the premium to the bail bonds company - or arrange the repayment plan.
- View the defendant’s bail terms as if they were your responsibility.
- Ensure that any arranged payments are satisfied.
Should the defendant take flight, the indemnitor will also need to locate them and ensure that they return to custody. You can either take on the work yourself or pay for the professional investigation.
6. Indemnitor's Rights and Responsibilities
When you take on the role of an indemnitor, you instantly take on the financial obligations and should see the defendant’s legal responsibilities as your own because their failure to satisfy bail conditions can cost you a lot of money. However, you should note that you will only become civilly liable rather than criminally liable for their actions.
Furthermore, you do have the right to end the agreement. This usually happens when you fear that your loved one is about to violate the conditions of their bail. To do this, you must contact the bail bondsman to explain your intentions to forfeit. In this instance, the defendant will either need to make the bail bonds or return to custody.
7. Choosing the Right Indemnitor
If you are the person who has been accused of a crime, the first thing you must do is consider your options for posting bail. They are;
- Post the cash bail fee without outside support.
- Use a bail bond (with or without an indemnitor).
- Post a property bond bail agreement.
- Remain in custody until your trial date.
If posting bail with the help of a bondsman and an indemnitor is the right choice, you must also find the best person. Frankly, there are three main issues to consider.
Firstly, it must be someone who has the qualifications to be your guarantor. Secondly, it must be someone who will be happy to work alongside the bail bond company to ensure the process runs smoothly. And, finally, it must be someone who is unlikely to ruin your reputation by telling others about your situation.
8. Protecting Yourself as an Indemnitor
You would naturally be willing to do anything to get your loved one out of jail. As already discussed, though, becoming a guarantor does bring some personal risks. Therefore, you must protect yourself.
The best way to do this is with indemnity insurance. However, if you do not trust the defendant to keep up their end of the bargain, you are well within your rights to reject their plea. Alternatively, as explained above, it is possible to waive your responsibilities in some situations and send the defendant back to custody.
Whatever the circumstances, Alana’s Bail Bonds is here to help you every step of the way. Contact us now for a 24/7 service that can get your loved one out of jail ASAP.
