BY Jesse Black | September 6, 2022

Following an arrest in the State of California, the majority of defendants will be eligible to post bail. It is an opportunity to get out of jail and integrate into civilian life before the trial date arrives. In most cases, a bail bond is needed to secure the release.

A bail bond is essentially an agreement between a defendant (or their bond agent) to attend all subsequent trial hearings. But what does it mean to surrender the bond? 

What does it mean to surrender a bond?

At least 70 million Americans have a criminal record of some kind. Those who are arrested in the Golden State will usually be able to get bail unless it is a very serious accusation like mass murder. A bail bond is a surety that is posted in lieu of the full cash bail amount.

In short, surrendering a bond means withdrawing from the agreement. In most cases, a defendant’s bond will be cosigned by an indemnitor, who could be a loved one or a bail bonds company. So, the surrender actually relates to the indemnitor’s rights so that they will no longer be responsible for the defendant.

Surrendering a bond by surety

Surrendering a bond by the surety is when the bail bonds agent withdraws their representation and responsibilities from a defendant’s case.

Before surrendering the bond, the bond agent was responsible for ensuring that the defendant attended all hearings and satisfied any other bail restrictions. After withdrawing from the responsibilities, their job is to bring the defendant back to jail. 

If the defendant shows resistance or tries to flee, the bail bonds company is within their right to hire a bounty hunter. In most cases, though, a bond agent will visit the defendant’s home or workplace and instruct the police of their location. Once the defendant is back in custody, the bond agent will inform the courts that they are officially withdrawing their responsibility.

Surrendering a bond voluntarily

Surrendering a bond voluntarily is when the cosigner no longer wants to have the rights and responsibilities to the bond.

It can happen for many reasons. However, withdrawals are often linked to falling out with the defendant or feeling that they are not keeping up with their end of the agreement. This would put the indemnitor at financial risk, which forces them to surrender the bond.

To surrender the bond, a cosigner must also surrender the defendant back to jail. It can be an emotionally difficult decision to take but may be deemed necessary in a range of circumstances. When an indemnitor has posted bail through a bond agent, they will need to advise the company of their intentions. Surrendering the bond will be a collaborative effort.

What happens after a bond has been surrendered

Once a bond has been surrendered, the indemnitor is released from any responsibility relating to the defendant’s actions or financial obligations. This means that cosigners are no longer at risk of having to pay the full bail amount due to a defendant’s decision to break their bail conditions.

Given that the criminal accusations are not made against them, this essentially draws a line under the case from the cosigner’s perspective. If the cosigner had set up a repayment plan, they will no longer be liable for those either. Of course, loved ones will often continue to support the defendant in whatever way they can. 

However, it does mean that the defendant will need to begin the pretrial process once again. They will ultimately have the following options at their disposal;

• Post the full cash bail amount themselves,
• Arrange another bail bond agreement with a different agent,
• Decide to reject bail and remain in jail.

Defendants who remain in custody will be permitted to a trial within 30 days (usually 45 days when on bail) for a misdemeanor. While it won’t directly impact their trial, it is harder to prepare a defense when incarcerated. Moreover, defendants may see their health, relationships, and reputation take a hit.

FAQs on surrendering a bond

Before surrendering a bond in California, indemnitors are often equipped with a wide range of questions. Here are the answers to some of the most common questions our experts are often asked;

Can a bond be surrendered at any time?

Essentially, yes. In most cases, there will be a delay of 30 days between release and a trial date. It may be even longer when dealing with a felony. If you feel the need to surrender a bond at any stage of the pretrial process, you should not hold back. The longer you leave it, the more time there is for the defendant to let you down.

Can a bond be surrendered for any case?

Yes. it does not matter what crime the defendant has been accused of. If you want to withdraw your financial responsibilities, it is possible to do this by working alongside the bonds company. Moreover, it can be sued whether you used for 1% bail bonds, 7% bail bonds, and any other agreement that you may have reached.

Are there any other reasons to withdraw a bond?

In some cases, cosigners may withdraw their bond because they have been instructed to by the defendant. Perhaps the defendant would rather stay in custody than put a financial burden on a friend. Or maybe they’ve found a way to post bail for themselves. Alternatively, they may have been released due to dropped charges.

The final word on surrendering a bond

As an indemnitor, surrendering a bond isn’t something that you’ll take lightly. After all, you have become the guarantor on the bail conditions of a loved one and potentially sending them back to jail isn’t enjoyable. Sometimes in life, though, you need to put yourself first when a defendant’s actions threaten your finances and wellness.

Before using a bail bonds service, though, the knowledge that you could withdraw your responsibilities if needed is hugely beneficial. Whether you need to post bail to get your loved one out of jail or want to surrender a bond that was arranged through Future Bail Bonds, get in touch now.