BY | November 19, 2025

A bail bond agreement is a contract between a bail bondsman, a defendant, and a cosigner. It highlights the terms and conditions of a bail bond service and the expectations of the bail bondsman. You should carefully read and understand the agreement as a defendant or cosigner before signing it. This way, you will know what you are getting yourself into.

If the terms of the agreement change or you change your mind after signing the agreement, you can easily and legally get out of it. Understanding the steps of getting out of a bail contract is critical. It will also protect you from paying hefty penalties for canceling a valid agreement. If you work with a reliable bail bond company, they can make the process seamless for you.

Here are the steps for getting out of a bail contract:

Review the Bail Bond Agreement

A bail bond agreement is a contract between a bail bondsman and a defendant. In most cases, it involves a cosigner, typically a family member or friend of the defendant, who assists the defendant with the bail process. The contract normally includes the defendant’s identifying information, details of their case, the bail amount, and the fee charged by the bail bondsman for the bail bond service. It also outlines the responsibilities of the cosigner and the defendant, as well as the consequences of failing to fulfill these responsibilities. Generally, it stipulates the agreement between a bail bondsman and the defendant who needs help posting bail.

When a court grants you bail after your arrest, and you do not have the financial ability to post it, you can find a reliable bail bondsman to help you. Bail bondsmen are third-party companies that offer financial assistance to eligible individuals. They post bail on behalf of their clients for a small fee, typically 10% of the bail amount. Once the court sets the bail amount, a bail bondsman pays the amount to secure their client’s release. The court holds the amount and refunds it to the bail bondsman after the defendant’s case is resolved.

Thus, the company agrees with the defendant that they will appear in all hearings regarding their case to avoid bail forfeiture. If this does not happen, and the court forfeits bail, the bail bondsman loses the amount paid to secure their release. The agreement guides the bail bondsman on what to do in the event of this occurrence. In most cases, the agreement requires the defendant to provide collateral to the bail bondsman in a higher value than the bail amount. The agreement also grants the bail bondsman the right to liquidate the collateral in the event of bail forfeiture, to recover its losses.

The agreement also stipulates the role of a cosigner, whom the defendant appoints to help with the bail process. A cosigner assumes full responsibility for ensuring that the defendant attends all hearings related to their case. If this does not happen, the cosigner assumes responsibility for the resulting damages in the event of bail forfeiture. Thus, the bail bondsman can try to recover its losses from the bail bondsman if the court forfeits its client’s bail.

The agreement also stipulates the amount the defendant is required to pay for the bail bond service. The fee, which is usually 10% of the bail, must be paid up front as a premium before the company processes your release. If you cannot pay the full amount upfront, the agreement will outline the payment terms and conditions.

Understanding the agreement gives you a basis for canceling a bail bond if one of the parties in the agreement violates it. The contract may also outline the steps for terminating the agreement if your rights are violated.

Understand the Grounds for Canceling a Bail Bond Agreement

Remember that a bail bond agreement typically involves three parties: a bail bondsman, a cosigner, and the defendant. Any one of these parties can cancel a bail bond agreement if there are sufficient grounds to do so.

A bail bondsman can cancel the agreement if a defendant violates the bail conditions. The court sets these conditions when granting you bail. A bail bondsman may have their own terms and conditions, which you must abide by throughout the time you will be out on bail. You can violate your bail, or bail bond, if you fail to appear, or violate curfew or travel restrictions. Failure to appear may have serious consequences for your cosigner and bail bondsman. If the court forfeits your bail, the cosigner can lose the collateral used to obtain the bail bond service.

A bail bondsman can also cancel the agreement if it learns that you provided false information to obtain its services. This, too, is a serious violation that could worsen your legal situation if the court becomes aware of it.

A cosigner can cancel the bail bond agreement if they were included without their consent or if their financial situation changes. Remember that a cosigner agrees to take responsibility for any resulting damages in the event of bail forfeiture. If they are no longer able to honor this agreement, they may request to be removed from it.

You can also cancel the agreement if the bail bondsman changes its terms and conditions after signing. This can be in the form of payments. For example, some bail bondsmen do not disclose their charges upfront because they have hidden charges for their services. You can cancel the agreement to protect yourself from extortion.

Determine the Consequences of Canceling a Bail Bond

Before taking any action, be aware of the risks and consequences of breaching the agreement. Although a bail bond agreement contains all the necessary information, it may not disclose the full consequences, including both financial and legal implications. Determine what these consequences are, and understand how they will affect you, for effective decision-making.

You can incur a significant financial loss for canceling a bail bond. Remember that a bail bond typically incurs a service charge, usually 10% of the bail amount. The amount is paid as a non-refundable premium at the beginning of the bail process. Thus, you can lose it all if you cancel the agreement before the court determines your case.

There is also a legal implication to consider. If you cancel a bail bond agreement, the court can order your re-arrest since it loses the guarantee of your court appearances that the bail bondsman provided. Once you cancel the contract, you may have to engage another bail bondsman for a pretrial release. This can further delay your case, as it requires you to revisit the bail process.

Some bail bondsmen will be unwilling to work with you after learning about the cancellation, especially if you are at fault. In this case, you may have to post cash bail or use a property bond to stay out of jail. If you do not have the financial ability to post your bail, you could remain in jail until a court hears and determines your case.

Removing yourself from the agreement as a cosigner may also affect the defendant. Your role is critical in the bail bond agreement, as you take responsibility for the resulting damages in case of bail forfeiture. Removing yourself from the deal leaves the defendant without protection, meaning that the bail bondsman may terminate the agreement altogether. This can lead to their arrest until they sign another bail bond agreement. Finding another cosigner can be challenging if you do not have anyone with the financial ability to cover the damages.

Consult with a skilled attorney first to understand these risks and make an informed decision. If the bail bondsman is at fault, canceling the agreement can be in your best interest. However, if the risks are severe, you should reconsider.

Communicate with the Parties Involved

Anyone in the bail bond agreement can cancel if the terms of the agreement change or their rights are violated. The steps you take for getting out of a bail contract depend on whether you are the bail bondsman, the defendant, or the cosigner.

If you are a cosigner and someone entered you into an agreement without your consent or knowledge, you must contact the bail bondsman immediately you learn about it. A defendant must contact a potential cosigner and seek their consent before including them in the bail bond agreement. A bail bondsman must also ensure that a cosigner understands the terms of the agreement, especially those that concern them, before making them sign the agreement.

If you change your mind as a defendant, or the bail bondsman changes the terms of the agreement without consulting you, you should contact them immediately to cancel the deal. Explain your concerns and be clear about your reason for canceling the contract. The bail bondsman should guide you on the steps you must take to get out of the agreement legally.

Additionally, determine your eligibility for getting out of a bail contract. Please note that the agreement contains all the necessary information about it. Before canceling, decide whether you qualify. Requirements for canceling a bail bond agreement vary from one company to another. Some contracts allow you to cancel if you lose your job and cannot pay for the services, or your case is resolved immediately after enlisting the bail bond’s help.

You can consult an attorney first to understand your rights and options before communicating with the bail bondsman. Your attorney will ensure that you thoroughly understand the terms of the agreement, enabling you to make an informed decision. They will also communicate with the bail bondsman on your behalf to ensure that your best interests are considered in the cancellation process.

Start the Legal Process

The legal process for terminating a bail contract begins with the filing of a motion to revoke the agreement. This can be done by the party wishing to be removed from the agreement. You can initiate the process through a prosecutor, explaining the grounds for your decision to cancel the deal. Our attorney can help ensure you have all the necessary paperwork for the filing process. Once the court receives your application, it will review it and consider the evidence provided to give a ruling.

If the grounds provided for canceling the bail bond are sufficient, the court will grant the motion. However, remember that this can work against you if you are a defendant; canceling a bail bond agreement leaves you without a guarantee for your court appearances. The court can issue a warrant for your arrest once the contract is terminated.

If you are a cosigner, you will need to complete a cosigner removal form to initiate this process. Once the document is correctly filled out, file it in court together with the copy of the agreement, your ID, and your reason for getting out of a bail contract. You may be required to provide a notarized form saying that you wish to be removed from the agreement.

If you do not have valid grounds for canceling the agreement, the court can deny your petition. This means you must continue in the agreement until the end of the case.

It saves a significant amount of time and money to thoroughly understand a bail bond agreement before signing it. A skilled attorney can interpret the clauses that are difficult to understand, so that you can make the right decision.

Find a Reputable Bail Bondsman Near Me

Bail bondsmen help a lot when a court grants you bail after an arrest, but you cannot bail yourself out. A bail bondsman provides financial assistance and helps you through the complex legal process. As part of their agreement, they will require you to pay the bail bond fee and honor all the terms and conditions of your bail.

We provide all our requirements in the bail bond agreement at Alana’s Bail Bonds. We ensure you and your cosigner understand everything before signing the contract. If any of you change your mind along the way, you can cancel the agreement. We offer any assistance needed if this happens. Contact us at 619-468-9333 to learn more about our services.