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When you sign a bond for someone, you inherit several risks. Your finances are on the line if the defendant skips their court hearings or breaks their bail conditions.
Understanding Bond Signings
If you sign a bond for someone else, you become a co-signer. This action means you take financial responsibility that the defendant meets their legal obligations.
To become a co-signer, you need to have a reasonable credit and job history in most cases. It also helps to prove you have sufficient savings and are financially responsible.
Once the defendant completes their legal obligations, the court will return to the person who posted it, which could be you or the bail agent acting on your behalf.
Potential Consequences of Bond Signings
The potential consequences of bond co-signings can be severe. For example, you must take on substantial financial risk because you are liable for the bail amount if the defendant skips court. You may also need to pay additional fees associated with the bond. Failing to pay bond costs may affect your credit score and make it harder to take out a loan.
You could also face legal action. For example, bail bond companies might take you to court to recover the unpaid bail amount (if acting on your behalf). You might also have to go to court to explain to the judge why the defendant broke bail conditions or didn’t attend hearings.
Finally, the personal and emotional consequences can be significant. Having to pay the bail amount can cause resentment toward the defendant and break your trust in them.
Factors to Consider Before Signing a Bond
Before you sign a bond, you should consider the risks involved. You want to ensure that:
- You have sufficient finances to cover the cost of the bond (and the bail amount if the defendant breaks bail terms
- You know the defendant well and can vouch for them behaving responsibly during the pretrial period
- You can cope with the risks associated with co-signing emotionally
Because of these risks, we advise caution. Only co-sign if you feel prepared to make considerable losses.
Seeking Professional Advice for Bond Signings
Ideally, you should seek professional advice before co-signing a bond. Bail bond agents and lawyers can explain your legal position and obligations.
You can sometimes reverse a co-signing, but only under specific circumstances. Courts usually only let you back out of an agreement before the defendant breaks their bail conditions. You can’t do it afterward.
Furthermore, they must return to jail to negotiate new release terms. Naturally, they might be unwilling to do this.
Alternatives to Signing a Bond
The alternative to signing a bond is to get the defendant to shoulder the responsibility themselves. You can also field a lawyer to help the arrestee secure release from jail on their “own recognizance.” This latter option removes the need for bail entirely, but it also comes with stricter conditions and takes longer to secure.
To learn more, call our team.