Having a loved one end up in jail is an upsetting situation. This is news many people dread, and it can be a huge shock. Getting them out of jail fast is probably your first thought. This usually means posting bail on your loved one’s behalf. But before you go right ahead and arrange this, it’s wise to pause for a second. You need to totally understand all the risks and obligations that come with co-signing a bail bond.
Learning about bail bonds and what happens when you co-sign is essential. Before you enter this agreement, you need to know exactly what you’re signing up for. You’ll probably have a lot of questions. One thing you may be most worried about is can a co-signer of a bond go to jail. Understanding the answer to this question and your responsibilities is a must. Here, we’ll dive deeper and explain all you need to know about being a co-signer of a bond:
What does being a co-signer of a bail bond mean?
Acting as a co-signer on a bail bond means you play a part in the defendant’s release. A co-signer is usually needed when the defendant doesn’t have the financial means to pay the bail amount. This means they can’t secure their own release from jail. So, the co-signer takes on the financial responsibility.
A co-signer must have a known relationship with the defendant. You’ll also need to be willing to take financial responsibility on behalf of the defendant. This is why a co-signer is often a spouse, parent, sibling, grandparent, or even a friend of the defendant.
What does a co-signer of a bail bond actually do?
Now you know who can take on the role of co-signer. But what does a co-signer do, exactly? As a co-signer, you agree to take on the financial responsibility for the bail amount. When you agree to this, you secure your loved one’s (the defendant’s) release from jail.
When you co-sign, you enter a bail agreement. This means you consent to paying the full bail amount if the defendant skips bail. So, if your loved one fails to attend court, you will be legally obligated to pay the bail amount in full.
When acting as a co-signer, the bail bondsman may need some extra collateral from you. This might even mean you need to use your assets as collateral. These assets could include any real estate you own, your jewelry, vehicles, or other property of value, such as guaranteed stocks.
The theory of co-signing may sound simple. However, it’s not quite that straightforward though. It’s essential to understand the responsibilities that come with being a co-signer. Read on, and we’ll explore this in more detail below.
What qualifies you to be the co-signer of a bail bond?
Before you can commit to being a co-signer on a bail bond, you’re going to need to meet some conditions. Here’s what qualifies you to co-sign:
You must be financially secure
First up, you’re going to need to be financially secure. There’s a lot of financial risk involved in co-signing on bail. So, you’re going to need to make sure you can meet the financial obligations required. This means you’re going to need to have the cash and/or assets needed to cover the full bail amount. If the defendant skips bail and doesn’t attend their court hearing, you’ll need to pay out the full bail amount. This means that the funds need to be available for you to access to pay the bail if this happens.
You need a good credit history
Your credit history really counts when you’re planning to co-sign a bail bond. Co-signing is such a big financial commitment. Bail bondsmen need to know that you can be trusted to honor your commitment. A good credit history will go a long way to showing you’re good for the money if you co-sign.
You need to be prepared for the potential stress of co-signing
Having someone you care about in jail is super stressful. But being responsible for helping get them out of jail is also a stressful situation. Putting your own finances at stake for their freedom is a huge thing to do. Understandably, you’re likely to face a lot of stress when you make this decision. Once you’ve decided to co-sign, you face an anxious wait until the trial date. If your loved one skips bail before, you face losing your cash.
You must have a connection with the defendant
Having a connection with the defendant is vital if you plan to co-sign a bail bond. For this reason, most co-signers are related to the defendants. If you’re going to the trouble of co-signing and putting your personal finances at stake, it makes sense that you’re invested in the defendant. There’s a lot at risk when you co-sign, so it’s best to only post bail for people that you know really well. You need to be able to truly trust the defendant. After all, you don’t want to risk such a huge sum of money. This is especially true when you can’t fully trust they’ll even attend court.
Deciding to co-sign for someone you don’t know inside out can be a big problem. So, you should always be totally sure your trust in the defendant outweighs the financial risks involved.
You need to fully understand the responsibility of being a co-signer
When you get that phone call telling you your loved ones in jail, it’s a massive shock. In the heat of the shock and emotion, it’s easy to just agree to do whatever it takes to get them out. It’s tough, but you need to stop and think before you become a co-signer.
Understanding what’s involved in becoming a bail co-signer is essential. But you also need to consider the consequences of your loved one forfeiting and not appearing in court as promised. Seeing how the process of the bail amount being collected after forfeiture is helpful. It’s really likely you’re going to have just 30 days to find the full amount of cash needed to pay the bail amount. This is a super high-pressure scenario, but you need to be prepared for it.
Can a co-signer of a bail bond go to jail?
One of the main questions people ask before co-signing is, can a co-signer go to jail? This is such a vital consideration. After all, no one wants to put themselves at risk of going to email. This is especially true if you’re not even the one that has committed a crime. So, can a co-signer of a bail bond go to jail if the defendant forfeits the bail agreement?
Co-signing a bail agreement and then realizing the defendant has skipped bail is a scary position to be in. You may be really concerned that if the defendant can’t be found, you could be facing jail time. You may also be worried that being unable to honor the full bail amount will see you get sent to jail.
You need to be sure you understand your position by discussing the situation with your attorney. Being aware of any potential consequences of the defendant forfeiting will help you handle the situation better. It is truly unlikely that you would be sent to jail as a co-signer. Even if you can’t make the full bail payment, you aren’t likely to be jailed. But be aware that failing to make your payment as per the agreement could see you being sued. This is because you would have failed to honor a legal agreement.
Aside from your role as co-signer, there are situations you could serve jail time for. If you helped the defendant to skip bail or obstructed the justice system in any way to assist the defendant, you could potentially face jail.
How to protect yourself from risks as a bail bond co-signer
It’s natural you want to help your loved one get out of jail. But you do need to protect yourself, too. Before you agree to co-sign, you need to address the risks. It’s really helpful to take action to protect yourself from the risks this brings. Here are some of the steps you can take to reduce the risks co-signing brings:
Assess your relationship with the defendant
How well do you really know the defendant? Ask yourself to honestly consider whether they’re likely to be a flight risk before you co-sign. An error of judgment now could cost you big, so you need to be sure you can trust them to attend their hearing.
Seek professional advice
The best way to fully understand the risks of co-signing is to talk through it with professionals. Discussing your situation with a criminal law attorney that has specialist knowledge of bail bond laws is super helpful. They can then give you their professional advice on the best way to proceed. It’s also really useful to discuss your position with the attorney and to get them to walk you through the process. With the attorney’s help, you should be able to get a clearer idea of the possible outcomes if you co-sign. This advice is invaluable and will help you make an informed decision that’s right for you.
Maintain communication with the defendant
Maintaining communication with your loved one while they await trial can often be really challenging. However, if you’re to protect yourself as a co-signer, you need to do your best to keep communicating with them. Being in regular contact with your loved one becomes vital to ensure they show up on time for their trial. At least if you know where they’re at, you can monitor them and ensure they don’t run away to avoid attending court.
Being in contact means you’re able to assess their flight risk yourself. Plus, you’ll be able to remind them of their court dates and ensure they attend them.
Be alert to signs of trouble
Being alert is a must when you’re a co-signer. You probably know the defendant better than anyone. So, it’s vital you stay alert to signs of trouble. If you notice changes in their behavior that suggest they may be a flight risk, you need to act.
You’ve got so much at stake as a co-signer. This makes protecting yourself essential. Being alert to the signs of trouble and taking action is vital. You have a few options here. First, you can approach the bail bond company and get their advice. They may have suggestions to help resolve the situation. Another option is to revoke your name from the bail bond agreement. Revoking your name as a co-signer means you’re removed from the bail bond agreement. If you choose to take this option, you’re going to need professional legal advice. Your specialist bail bond attorney will be able to assess your options and explain the process. You will also need to let the bail bond company know about your decision.
Conclusion
Choosing to co-sign on a bail agreement is not a simple decision. There’s a whole host of factors to consider before you commit. As a co-signer, you help secure the defendant’s release from jail. But you do this at your own risk. Putting your own finances at stake to secure the freedom of your loved one while they await trial is a big risk.
Being a co-signer of a bond doesn’t mean you could go to jail. However, you could face criminal charges if you assist the flight of a defendant or provide false information. It’s wise to discuss your situation with a bail bond attorney before you agree to co-sign. When you’re ready to co-sign, you need a reputable bail bond company to help you secure your loved one’s release.
If you’re looking for a trusted, experienced bail bond company, we can help. Here at Mr Nice Guy Bail Bonds, we will be happy to assist you at this difficult time. Contact us today to find out how we can help you and your loved one.
