It may not seem like a significant issue when a loved one facing criminal charges asks you to help him or her secure release from jail by co-signing a bail bond. Of course, you want to help in any way you can, but before you agree, it is important for you to fully understand the potential legal risks and responsibilities that accompany being a co-signer of a bail bond.
There are many more risks and responsibilities than you might think when simply signing your name. Before taking this step, it can be to your advantage to speak with a knowledgeable Dallas, TX bail bondsman from Doc's Bail Bonds to ensure you understand what you are getting into.
A co-signer must typically have a biological, marital, professional, or informal relationship with the defendant to demonstrate that they know the defendant and are willing to assume the risks associated with being a co-signer. The co-signer must have a good credit history and be a trustworthy person with a steady job or other reliable means of paying the bond if the defendant fails to appear for their court dates.
A defendant who lacks the financial means to provide his or her own bond may ask a family member, spouse, friend, or co-worker to co-sign the bond to avoid spending time in jail. If the defendant is someone the person cares about, saying "no" might not even seem like an option. Even if it is a casual acquaintance, it might feel awkward to refuse. Nobody should ever agree to be a co-signer for a bail bond until he or she fully understand the process and the role the co-signer plays.
The co-signer for a bail bond is assuming the responsibility of ensuring the defendant appears in every court-scheduled appearance. Should the defendant fail to appear or violate his or her bail conditions in the smallest way, the co-signer becomes legally obligated to pay the full amount. Depending on the situation, the co-signer may be required to put up his or her assets as collateral to secure the defendant’s bail.
The co-signer may also be required to pay a non-refundable fee to the bail bond company, typically around 10 percent of the total bail amount. If the defendant "skips" bail, the co-signer may be liable for costs associated with the bail bond company's efforts to locate and apprehend the defendant. While the financial risks of being a co-signer are significant, the co-signer must also:
The responsibility of ensuring another grownup is complying with court requirements can be extremely stressful. The bail bond agreement will outline the responsibilities of the co-signer, including that payment of the entire bail amount is due in full should the defendant fail to appear in court. If the co-signer fails to provide this money, he or she could be sued by the bail bondsman.
A co-signer going to jail would be extremely rare and likely only in cases where the co-signer helped the defendant flee the jurisdiction, provided false contact information, or helped the defendant in any other way evade prosecution. In these instances, the co-signer could be charged with fraud or hindering prosecution and could, conceivably, spend time in jail. A more likely scenario, if the defendant skips bail, is that the co-signer would be subject to a civil lawsuit if he or she is unable to pay the entire bail amount.
When you choose Doc's Bail Bonds, you are choosing a highly trustworthy company with six locations across the state. Before becoming a bail bondsman, Doc managed a professional baseball team. This experience was crucial in building a strong team in the bail bond industry. Call 214-747-4110 to speak to an experienced, licensed McKinney, TX bail bondsman.