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For most people, several aspects of the bail process are confusing or simply unknown. That is often because many people never imagine being under arrest or requiring bail to secure their freedom. Many people are fortunate enough to avoid arrest, but not everyone is.

At some point, a friend or a loved one could be arrested for an alleged offense and be required to post bail to stay out of jail as his/her case proceeds. Unfortunately, bail can be expensive, making it challenging for him/her to post it to secure his/her freedom immediately. If the defendant cannot afford the required bail, you, as a friend, can assist in securing their pretrial release.

One of the quickest ways to help your friend secure his/her freedom is by cosigning his/her bail bond. However, before you take this bold step, you should understand bail bond co-signer rights before putting a signature on your friend's bail bond agreement to avoid unnecessary inconveniences.

What is a Bail Bond?

Before we discuss what it means to cosign a bail bond and how to protect yourself once you do so, you should understand what a bail bond is in the legal context. Bail bonds are a vital aspect of the criminal justice system, offering a fast way for an arrestee to secure his/her release from jail, pending the outcome of their alleged case at trial.

When an arrestee posts bail after an arrest, he/she promises the court that he/she will make all the scheduled court appearances, with the bail money as a guarantee that he/she will not flee. In cases where the defendant is indigent or is unwilling to put his/her money on the line to secure temporary freedom, securing bail bond services becomes vital.

A bail bond is a type of contract involving three parties, that is:

  • The defendant
  • the cosigner or indemnitor
  • The bail bondsman

The bail bondsman will intervene when the defendant cannot post the court-set or predetermined bail to offer the necessary financial assistance he/she needs to secure a pretrial release and await the scheduled court dates at home. The bail bondsman or agency will post your full bail amount with the court in exchange for a non-refundable premium or fee, typically ten percent of your bail.

The quick bail bond services a bail bondsman provides after an arrest are vital because they allow the defendants to go home and resume their daily activities, including work, as the alleged case proceeds through various stages of the justice system. If a loved one calls or texts you to cosign his/her bail bond, you must understand your obligations in the bail bond agreement before signing any papers.

When you choose to cosign your loved one's bail bond, you will act as his/her guarantor to assure the bondsman that the defendant will comply with his/her obligations or conditions for a release from jail on bond.

In other words, you will be financially accountable for the defendant's bail bond. That means when the defendant fails to comply with the required terms and conditions of his/her release, you will be financially accountable for the total bail amount. Hence, you should understand bail bond co-signer rights before agreeing to cosign a loved one's bail bond.

Tips on How to Protect Yourself as a Bail Bond Co-Signer

Understanding bail bond co-signer rights is vital if a friend has asked you to be a cosigner in his/her bail bond. When you choose to cosign anyone's bail bond, you should understand all the risks involved in this decision before signing any agreement papers.

In addition to the financial risk, you could experience personal rivalries and trust issues between you and the defendant, ruining your friendship. While cosigning your friends' bail bond is considerate and helpful, you can reduce the possible risks and protect your best interest in various ways. Avoiding bail bond risks is possible, and you can do that by taking the following steps before agreeing to cosign a friend's bail bond:

Read and Understand the Bail Bond Contract

As mentioned in the previous paragraph, agreeing to be a cosigner in your friend's bail comes with certain responsibilities you must be ready to abide by. Therefore, before signing the bail bond agreement, you should review its conditions and terms.

A reliable bail bond agency will be ready to explain the agreement's details and answer all your questions regarding the bail bond agreement. Ensure you keenly read and comprehend the following before signing the bail bond agreement to help a friend or a loved one secure a release from jail on bond:

  • The defendant's full bail amount and possible liabilities
  • The financial responsibilities and fees attached to the bail bond
  • Any possible collateral requirements that could put your property and assets at risk
  • What to expect when the defendant decides to skip bail or fail to make court appearances
  • Your legal responsibilities

If you are unsure of anything, you should seek clarification from the bail bondsman before you sign the bail bond agreement. Failure to understand the bail bond terms could attract negative consequences. For example, when the defendant skips bail, If the defendant fails to appear in court, the bail bondsman may initiate legal proceedings to seize any property you surrendered as collateral.

Research and Understand the Defendant’s Character and History

One of the greatest risks you can take is to agree to be a cosigner on your friend's bail without fully understanding the person's character and history. You should think about your friends or a loved one's character and history before you decide to cosign the person's bail bond.

Trusting that because the defendant is a family member, he/she will adhere to the terms of his/her release from jail on bond is a big mistake that could put your finances at risk. Before accepting to cosign a bail bond, you should consider the defendant’s:

  1. Criminal Background

Checking the defendant's criminal background can give you insight into his/her character. Checking the defendant's criminal background can provide insight into his/her character. If the defendant has a past arrest or conviction record for serious violations, you should think twice before cosigning the person's bail. That is true, even if the defendant is rehabilitated and reformed.

  1. History of Skipping Bail and Reliability

If the defendant has a history of skipping bail or failing to make the required court appearances after posting bail, there is a chance that the person could do the same after cosigning his/her bail bond. Failing to adhere to court terms and conditions of a release from jail on bail is a sign of unreliability, and you should not ignore it when deciding whether to post the person's bail or not.

  1. Family and Community Ties

When the defendant has a family to care for, there is a high chance the person will comply with the bail bond terms and conditions. Also, if the defendant has a stable job or is an active member of community-based organizations, there is a chance he/she will abide by the court-set terms of bail.

Conversely, a defendant without community or family ties will have nothing to lose if he/she decides to flee, meaning cosigning a bail bond for that type of person could be a risk.

The key to avoiding bail bond risks is ensuring that the defendant comprehends the repercussions of skipping bail upon receiving the pretrial release from jail. In addition to risking a re-arrest, skipping bail could put your finances at risk.

Ask the Defendant to Use His/Her Assets or Properties as Collateral

The best way to avoid any monetary loss when the defendant decides to skip bail is by insisting that he/she surrender his/her properties or assets to the bail bondsman as collateral. Collateral acts as security to help the bail bondsman recover their money when the defendant decides to skip bail. While it depends on your bail amount, the bondsman could accept any of the following as collateral:

  • Vehicles
  • Boat
  • Land title deeds
  • Real estate
  • Valuable jewelry

By having the defendant provide property as collateral, there is added assurance they will comply with the terms of their release.

Discuss or Arrange a Repayment Plan

When a loved one or a friend calls you to cosign his/her bail, you should be open with the person about your concerns and discuss a repayment plan. If the defendant is honest, he/she should be ready for this conversation because you will be putting your money at risk for his/her freedom.

Ensure you talk about repayment plans, loans, or seizing his/her property or assets until you receive the money you will put on the line for his/her release from jail on bond.

Consider the Seriousness of the Alleged Offense

When the alleged offense is grave, the bail amount the court will set for the defendant will likely be high. Also, for serious crimes, there is a high possibility the defendant could flee out of state or the country to avoid the possible legal consequences of a conviction. In this case, you should think twice before cosigning the person's bail bond following an arrest.

Stay Informed and Maintain Regular Physical Contacts With the Defendant

The money or assets you put as collateral for your defendant's freedom are free from possible risks if he/she appears in court as required. To ensure the defendant adheres to all the conditions of release from jail on bond, you should stay informed of his/her whereabouts before the court's verdict.

As mentioned above, avoiding bail bond risks is possible, but you must be ready to do your part once the defendant receives a pretrial release. That includes maintaining open communication with the defendant to know his/her whereabouts and whether any unforeseen issue could prevent him/her from making scheduled court appearances.

You should consider offering the defendant reminders and transportation services to and from the court-scheduled hearing, if possible. If the person decides to leave the state or country or becomes non-communicative, you should inform the bail bondsman beforehand.

Bail bondsmen love to stay in contact with their clients and will likely contact your friend to remind him/her of the possible risks of skipping bail. For example, in addition to putting your money on the line, skipping bail could cause your friend to receive another charge.

Before agreeing to assist your friend in securing a pretrial release, knowing and understanding all the bail bond co-signer rights is important to avoid unnecessary financial inconveniences.

Choose a Dependable Bail Bondsman

The bail bondsman you choose should also be reliable if you want to avoid the possible risks of cosigning your friend's bail bond. A reliable bail bondsman will:

  • Offer you support and guidance throughout the process
  • Provide you with clear contracts with no hidden fees
  • Communicate to you vital details regarding the defendant's responsibilities and obligations after securing a release from jail on bond

The bail bondsman you choose is critical to avoiding bail bond risks. However, how do you find a reliable bail bondsman to help bail a loved one out of jail? To lessen your options when looking for quick bail bond services, you should consider your prospective bail bondsman's:

  • Availability
  • Reputation
  • Licensing credentials
  • Experience
  • Cost of services

Find a Credible Bail Bondsman Near Me

Understanding the bail bond co-signer rights is vital if a friend has requested you to cosign his/her bail bond because it outlines your roles and responsibilities. As you can see above, taking the right steps can make a significant difference in avoiding bail bond risks and hiring a reliable bail bondsman is one of those critical steps.

If you or a loved one is in legal custody as a suspect in a criminal case, our bail bondsman at Alana’s Bail Bonds can offer him/her speedy bail bond services wherever you are in San Diego. We invite you to call us at 619-468-9333 and let our dependable bail bondsmen do what they do best to help your loved one secure his/her freedom on bond without delay.