Is a Co-Signer Responsible for the Full Bail Amount?

Today’s question comes from Yahoo Answers, where we regularly answer bail related questions: 

Question: If someone signs a bonds paper as a co signer do they really have to pay for the full bail amount if I don’t show up?

Answer:  It is a fact that a co-signer on a bail bond is agreeing to pay the full bail amount  if the defendant does not show up  to court and cannot be located.

In most states, when the defendant doesn’t show up to court as promised, the bondsman and the co-signer have some time to get the defendant back into court. As long as defendant goes back, the co-signer will not pay the full bail amount. They will need to pay only if the defendant cannot be located.

That said, why would you not show up? You certainly do not want to be running from the law — every state has access to warrants nationwide. The reason the bail bonds system is effective is because the bondsman will come looking for you. Between the legal system and the bondsman, it would be best for you to simply go to court. Plus, someone was generous enough to get you out of jail. The least you can do is take care of your situation so they are no longer on the hook.

If you’ve already missed your court date, you can easily arrange a new court date and your bondsman can help. You should call right away.

Got a bail related question? Ask The Bondsman

Will I Get My Premium Back From My Bail Bondman?

 Answer: That’s a great question — one that we hear often as a bondsmen, both from our clients and others.

First, you should be aware that in California the bail industry is regulated by the California Department of Insurance.  Other states have different regulatory bodies, but all states that offer bail have regulation. In California, by law, you do not get the bail premium back after the case is complete. In order to get bail money back after trial, you need to give the full bail amount to the court.

Ask The Bondsman: What Happens If I Bailed Someone Out Who Is Arrested Again?

We answer questions at Yahoo! Answers regularly. Here’s one: What happens if I co-signed a bail bond for someone who goes back to jail?

Answer: Upon co-signing the bail bond, you became responsible for a couple of things:

• to pay the fee to the bail bondsman (generally 10% in California, but this varies by state)
• to guarantee that the defendant shows up for required court cases
• to help the bondsman get the defendant back into the court system if they do not show up as required (called failure-to-appear)

Assuming the defendant you signed for is in jail based on the same case, Read more »

How To Get Someone Released From Jail Using Bail Bonds

The Arrest

Once someone has been arrested and has gone through the booking and processing procedures, they should then be allowed to make a phone call. Generally, they will call call a friend or family member.  The person who was contacted usually then needs to to call a bail bondsman to arrange for release of the defendant from jail. 

When the defendant contacts a family member or friend, they ideally will provide the following information: full legal name, social security number, date of birth, the arrestung agency (police, sheriff, highway patrol, etc.), why in general they were arrested and the jail where they are being held. If they can provide their booking number and their bail amount, this will also help to make the bailing out process proceed faster.  All of this information is needed for the bondsman to get the defendant released as quickly as possible. If you do not have it available, a reputable bondsman will be able to obtain necessary information from the jail.

A Bondsman May Not Help

You might be surprised to find there are some instances where a bail bonds company may decline to take the case. While there are many contributing factors for a bondsman not to take the case, most often it is due to the amount of the risk involved in the bond.  In addition to the ability of someone to pay for the bond, the bondsman will want to feel secure that the defendant will return to court as promised.  

Bail Contract & Responsibilities

When the bond is posted by a family member or friend, they are entering into a contract with the bail bondsman. The purpose of the bail bond contract is to guarantee, to both the bail agent and the court, that the defendant will show up to their future court dates as expected.

Before anyone signs the contract, the bail bondsman will make sure the co-signer understands the commitment they are guaranteeing, and an ethical bondsman will not sign until it is fully understood. The bail bondsman needs to make sure the co-signer knows that if the defendant does not show up, he or she will be responsible for the full bond amount.

No Collateral Bail Bonds

The need for collateral depends on the bail amount and the risk involved. Sometimes just a simple signature on the bail bond is all that is required, while other times the use of a property or collateral bail bond will be needed. Some bail companies who only require a signature may request that the cosigner live in the area, own a home in the area or work in the area.  If a no collateral bail bond is important to you, make certain you are dealing with a bondsman that offers this.

Release From Jail

After the bail bond has been signed, the bail bondsman will post the bond to securely release the defendant from jail. Tthe defendant’s responsibility is then to show up to his or her scheduled court date. Assuming that happens, the bail bond is “exonerated” and no further contact is needed with the bondsman.

What Does A Bail Bondsman Do?

Basically, a bondsman is the middle man between the court system, the signer of the bail bond contract and the defendant. The bail bonds company is similar to an insurance agent. Bail bondsmen are, in fact, agents for a surety company, which is an insurance company. The bondman meets with both the defendant and the co-signers of the bond to meet obligations set by the bail bonds company as well as the court system. The bondman also makes sure that the cosigner understands that the defendant must show up to future court dates until the case is resolved. Otherwise, Read more »

How Do Bail Bonds Work?

When someone is arrested, he or she will contact a bail bondsman directly or may call a friend or relative, who may call a bondsman. While it’s possible to obtain bail without a bondsman, it is not very common for friends or family members to post the bail themselves, as it is usually set at a very high price (in excess or $10,000 and on up to over $1 million). Whoever contacts the bail bondsman should be able to provide all available information, such as the name of the jail, the type of crime said to have been committed, defendant’s name and date of birth, and the amount of the bond.

A professional bondsman will explain Read more »

The Arrest to Bail Process

When a defendant is arrested and taken into custody, they will be placed in jail to await court proceedings. The defendant will be booked and processed. During this process, they will be able to make a phone call.  If you happen to be the friend or family member receiving this type of phone call, be prepared to gather information: 

• the full legal name
• date of birth
• social security number
• the charge or at least why the defendant was arrested
• the name of the jail facility
• full amount of the bail that they need.

Not all defendants will have every detail available, so gather what you can.

Next you will want to Read more »

What Exactly Does a Bail Bondsman Do?

A bail bondsman’s responsibilities include answering phones and answering questions from family members and friends of the defendant. On most occasions, bail agents will meet with the families involved, or friends, and complete the bail bond process so that bail can be posted immediately. When bail bondsmen aren’t answering telephones, their keeping up with clients appearances in court as well as the progress of their cases.  Often, a bondsman will deal with attorneys and the court system regarding these issues and a lot of the time, they are able to stop problems or errors before they occur, usually due to a lack of communication.

People, who have experience with a bondsman, probably see a much different view than the rest. Bondsmen are trusted advisers in a sense that can help people who are in trouble and provide them with a legitimate and financially feasible way of getting out of jail. Basically, a bail agent runs a sales environment and needs to uphold service to their customers in order to properly run a good business.

Over time and with perpetual media, people have gotten the wrong idea about a bail agent’s persona. Sometimes people confuse the role of a bail agent verses the role of a fugitive recovering agent (aka “bounty hunter”). People see these roles as the same and don’t differentiate their real purpose. This is due mostly, to the fact that a lot of people have never been in a situation where they have had to use a bail bondsman.

In the state of California, the term “bail agent” means, Read more »

What Happens When Some Jumps Bail?

Question:So this is like in the movies when somebody jumps bail the bail bondsperson is involved because they’ve got a vested interest in this person making it back to court.

Answer:Well, it’s not like the movies, however, you are absolutely right… the bondsman has a significant financial interested in the defendant going to court because the person writing that check at the end of the day would be the bail agent.

If a defendant doesn’t show up for a required court appearance (called “failure to appear“), the bail bondsman basically has 6 months to get them back into the system – meaning in jail or in court. You should know that if the defendant was sick or they have a flat tire or something simple, we can get them back into the system easily without incident via a call to the court and simple paperwork.

However, if the intent of the defendant is to leave the country or leave the state or just hide out and not show up for court, then it is incumbent upon the bail bondsman and the indemnitor (the person who signed the bail contract) to get the person back into court.

Click to find the California Laws on Failure to Appear.

Is A Bail Bond A Loan?

Question: So let me see if I understand how bail works: as a bail bonds company what you do is you provide the cash and they give money toward that bail which is sort of like what interest on a loan?

Answer: No, it’s not a loan. It is actually a bond. It is a piece of paper and the amount paid to the bondsman is a fee. We collect the bail fee and that’s how we make money. However, Read more »