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Co-Signer's Responsibilities

As a co-signer, you are responsible for the defendant and the amount of the bail. Becoming a co-signer means you are signing a contract as the liable party for the defendant. If there is more than one co-signer, both are responsible. You will have two main responsibilities to your name.

The first responsibility is getting the Defendant to court at the scheduled time. If they fail to show up, the bondsman will be collecting the full bail amount from you, so it’s in your best interest to ensure this doesn’t happen. You are responsible legally for any and all expenses relating to the posting of the bond. This includes bounty hunter fees and expenses as well as the full bond.

The second responsibility is paying the bond premium. This is a percentage of the full bail amount, which the bail bondsman charges for the service of posting the bond, and getting the Defendant released from jail. This shall be paid, or a payment arrangement made, prior to the bail being posted. If there is a payment arrangement, YOU, as well as the Defendant are jointly and severely responsible.  This means that the premium can be legally enforced on you even after the case is over.  Don't agree to make payments for the premium if you're not going to make them.  If the payments for the premium are not paid as agreed, the defendant may also be returned to jail with NO refund of ANY premium payments made. No arrest warrant is needed.  If you have legal questions about the validity of the preceding statement, contact an attorney.

It’s also important to point out that if the defendant does skip bail, the bail bondsman may charge any reasonable fee (such as bounty fees, investigation fees, travel expenses including hotel, or air fare, surrender fees, food expenses, etc.. in order to find them and return them to jail. These fees may fall to you as the co-signer. So don't be an idiot and co sign for someone who you don't personally know just to be a nice guy.  Don't be the superhero and sign for someone at a party that someone else knows because they don't qualify for some reason as a co signer and you want to get into their pants. This does not help the defendant, or yourself in any way.  Remember, YOU are taking on the responsibility of getting him to Court. By failing to appear, he is putting you in a bad position, and doesn't care if you have to pay. Ask yourself if he or she is one of those people. You know the defendant.  So always know where the defendant lives, goes, and works.  In knowing this, if the defendant does not appear, it will cost you less money, and a lot less stress. 

Understanding your rights as a co-signer will protect you throughout the process.

Rights of the Co-Signer

When you co-sign a bail agreement, it’s important that you know your rights, too. First of all, you have the right not to be co-signer. You should only enter a legal agreement such as this if you fully understand that you will be responsible to pay for the full amount of the bail bond if the defendant doesn’t show up to court or if they violate a condition of their bond. 

You’ll also have the right to ask the bondsman to revoke the bond. If you feel as though the defendant will not appear in court, you can get in touch with the bail bondsman or courts and advise them of your concern and your desire to terminate the agreement. This means the defendant will be taken back to jail until their court hearing and the agreement cancelled. This will most likely cause a fee in advance. The bail company has sole discretion in actually revoking the defendant's bail bond. All Area Bail Bonds, and American Western Bonding, inc. will NOT revoke a person's bond just because the co signer gets in an argument with the defendant and wants him/her put back in. 

THINGS TO CONSIDER BEFORE CO-SIGNING A BAIL BOND

When debating whether or not to co-sign a bail bond for someone,  consider three main things:


1. The Defendant: Who are you co-signing for?

We understand that everyone makes mistakes sometimes, and that good people can find themselves in unexpected situations. You’ll need to consider how close you are to the person asking you to co-sign, how responsible they are, if you can trust them, and if they are likely to skip their bail or not. If you feel they are reliable and you know them very well, you can consider co-singing for them.


2. Documentation: Know what you’re getting into.

Read your documentation and understand it well. If you have any questions at the time of co-signing, ensure you ask the bail bondsman or an attorney upfront to clarify. You should understand your responsibilities before entering into this legal agreement.


3. Personal Responsibility: You can help.

It’s a big personal responsibility to co-sign for a bail bond. If you are able to do so, then you’ll be truly helping the accused person in your life get out of a tough spot in their life. You can ensure the defendant doesn’t skip bail by spending extra time with them before trial, keeping them away from bad influences, and creating a positive atmosphere around them whilst they await trial. You shouldn't be obviously intrusive, but pay attention. If, at any time while on bond you believe the Defendant is acting in a way that indicates to you that he or she may go on the run, contact the bail bondsman immediately and explain the situation. Remember, going on the run NEVER helps the defendant. The case will never end that way.