What are the Indemnitor's Responsibilities when Posting Bail?


If you end up having to bail someone out of jail you are doing that person a huge favor, but you're also accepting a lot of responsibility. As the person bailing someone out, you're known as the indemnitor and to get your friend or loved one released you must sign a legal contract between yourself, the court where the accused is to appear and the bail agency that will be posting bond. Following the defendants release it is up to you to ensure the following issues are resolved, should they apply to your particular situation.

Get the Accused to Court

The main responsibility of the indemnitor is ensuring the defendant shows up at each and every one of their days in court. Many people believe that the indemnitor is only responsible for getting the defendant to their first court appearance, but in reality it is up to them to get the accused to any court appearances they may be subject to. The bond remains in effect until the case is discharged, so to are the responsibilities of the indemnitor.

General Fee Payments

When utilizing a bail agency an initial fee will be owed in order to complete the bail process, usually a percentage value based on the bail amount. The indemnitor must accept this fee and make arrangements to pay it. Based on the course of the defendant's actions, such as failing to appear in court, the indemnitor may be subject to additional fees. When a person skips court it is likely that the bail agency will need to use a fugitive recovery business in order to find the defendant and get them back in court. It will be the indemnitor responsibility to pay the fees for these extra services.

Full Bail Payments if Necessary

If a defendant cannot be located after skipping out on court the indemnitor will have to pay the full bail amount, releasing the bail agency of any financial obligations. If collateral was collected to post bail when the bond was signed it will be used to pay the bail cost and will not be returned to the indemnitor.

Before posting bail for a person it is important you understand your responsibilities and legal obligations. It is also important you only bail people out of jail that you know you can trust. If you have questions about posting bail in San Rafael call the professional bondsman at 5 Star Bail Bonds. For more than 50 years our team has been dedicated to fast, discreet bail bond service at affordable rates. Give us a call today at (415) 479-4800 to learn more about bail bonds in Marin County.

5 Star Bail Bonds Blog

Written and Published By MORBiZ

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