How Bailing Someone Out of Jail Can Directly Affect You

 

If you bail someone out of jail, you are charged with certain responsibilities, whether you put up the cash or hire a bondsman. Learning someone you care about has been arrested becomes highly stressful. 

 

You may feel your responsibility is to help them get out of jail. Before committing to paying a  bail bonds or hiring a bail agent and securing a bail bond, you need to know how bailing someone out of jail can affect you. 

Arranging Bail Puts You Under Contract

 

Although it is in our nature as humans to help when someone is in trouble, this is not a light decision. Does bailing someone out affect you?

 

When you arrange bail for someone, you become the Indemnitor. By paying bail, you are assuring the accused person will show up for their court appearance dates and adhere to the terms of their release. 

What Are My Responsibilities if I Pay Bail for Someone?

 

As the Indemnitor, you have certain responsibilities. Consider the following before bailing an individual out:

 

• You must ensure the defendant shows up for every court date. Failure to show dissolves the bail bonds and leads to the defendant's arrest. 
• If the individual fails to show up for their court date, you are held responsible for the entire bail amount. If you put up a home, car, or another tangible asset, it will be seized. 
• If you use bonds from a bail bond agent, you are responsible for paying all fees, and these fees are non-refundable.
• Should the individual flee, the bail bond agency will charge you fees for any costs incurred to them for fugitive recovery. 

What Happens if the Defendant Does Not Show Up for Court?

 

If you are uncertain whether the arrested individual is reliable or will show up for their court date, avoid bailing them out. You are taking a significant financial risk if you do. 

 

Once the arrested person does not show up for their court date, the bond is put into default. The judge releases a bench warrant for the defendant's arrest. 

 

If a bench warrant is released, you are now responsible for paying the full bail amount and surrendering any property you put up for collateral. It is important to note that there are some things you can do to remedy the situation. 

Are There Grace Periods for a Bail Bond?

 

Most states offer grace periods, but this is up to the court's discretion. The judge can revoke any grace periods if the defendant's record is poor regarding missed court dates. 

 

The grace period gives time for the recovery of the fugitive. The grace period is around 90 days in most states but can vary. You can get your bond out of default by bringing the person in and filling out paperwork that notifies the court the person has returned. 

 

If the person gets arrested with a bench warrant, you can also request the court to take your bond money out of default. 

If You Post Bail, You Have Options

 

In some states, you may have the right to hire a bounty hunter to bring the fugitive to trial. If the person gets arrested by a bounty hunter, you will go through the same process of petitioning the court to remove the default status. 

 

Regrettably, if all of the above fail to bring in the individual, the money or collateral you put up for a loved one or friend goes to the court. 

Choose Wisely

 

Although you likely want to help your family member or friend by bailing them out, you need to think it over. Are you prepared to handle the possible repercussions if the accused person flees?

 

Ask yourself the following questions to determine if the individual will appear in court:

 

• Does the person have strong family ties to the community?
• Does the person have a job?
• Is the person trustworthy?
• Has the individual ever skipped their trial in the past?
• Is the individual charged with a serious crime?

 

Considering the above questions will help you determine if you should post bail or hire a bail bondsman. Hiring a bail agent and securing bail bonds is a great option for those who don't have the liquid cash to help a family member get released. If you are uncertain about the individual's trustworthiness, do not arrange bail under any circumstances!

Our Expert Bail Bond Agents Can Give You Peace of Mind

 

We are here if a loved one or friend has been arrested and you want to help. As a bail agent, we will assist you in navigating the legal system and understanding your responsibilities as a co-signer. Contact us today with any questions. 

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