What are my Responsibilities if I Post Bail for Someone?
If you bail a friend or family member from jail you are definitely doing them a big favor, but you are also taking on some big responsibilities. The person posting bail or co-signing a bail bond is known as the indemnitor. In order to have your loved one released you need to sign a legal contract between yourself, the court and the bail agency that will be posting the bond. Following the defendant's release from jail the following issues are left in your hands. Should you not be able to follow through you could be left with major debt.
Getting the Accused to Court Dates
The biggest responsibility of the indemnitor is making sure that the defendant actually shows up at each and every one of their scheduled court dates. There is a common misconception that people have in which the indemnitor only needs the defendant to show up at their first day in court in order to be released of their contract, when in fact it is up to them to ensure the defendant makes it to every court appearance they are required to be at. The bail bond and contract will remain in effect until the case is discharged.
When using a bail agency there is an initial fee that needs to be paid called a premium in order to file the bail bond. This fee is generally 10%-15% of the bail amount. The indemnitor must complete this payment in order to start the process. Depending on the actions of the defendant following their release, such as not appearing in court, the indemnitor may be responsible for paying additional fees. This is because when a person released on bail skips court the bail agency will likely use a fugitive recovery service in order to locate the defendant and return them to custody. The indemnitor must take responsibility for the fees incurred for these extra services.
Full Bail Payment (if Necessary)
If a defendant skips court and cannot be found the indemnitor will be responsible for paying the full bail amount, thus releasing the bail bond agency of any financial obligations related to the case. If collateral was collected in order to post bail when the bond was originally signed it may be collected and used to pay the bail cost at this time.
Before you post bail for a someone it is important that you understand what the responsibilities and legal obligations are for such actions. It is also important that you only post bail for people that you know you can trust. If you have concerns or questions about posting bail in Miami call the professionals at Blandon Bail Bonds. For more than 10 years our family owned agency has been helping people post fast and discreet bail bonds. Give us a call today at (415) 479-4800 to learn more about bail bonds in Miami-Dade County or elsewhere in Florida.
5 Star Bail Bonds Blog
Written and Published By MORBiZ
Bail Bond Specialist in San Rafael, CA
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