Bail bond co-signer | Click Here

What should you know as a co-signer, or bail bond indemnitor? What happens if the defendant does not appear? At what point is the co-signer no longer liable for the bond?


The service of a bail bondsman | Click Here


A bail bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. Learn more in this section


Bail: Frequently Asked Questions | Click Here

Here's the place to get answers to some commonly asked questions about bail and bail bonds … Questions include: What are my options if I am arrested? How do I get a bond? How long is the bail process? What is collateral and What do bondsmen accept as collateral? Can I finance the bail bond fee? Do I get my money back after the case is over? What information should I have before I contact the bail agent?


What is Bail? What is a bail bond?
And, what's the history of bail bonds? | Click Here

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail ("skipping bail" or "jumping bail" is also illegal). Learn more in this section.


Forms of bail | Click Here

The form of bail varies from jurisdiction, but the common forms of bail include:

1. Recognizance 2. Surety 3. Citation Release 4. Property bond
5. Orders of Protection 6. Cash 7. Combinations

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Bail bond co-signer

What should you know as a co-signer, or bail bond indemnitor?
It is the responsibility of the indemnitor (co-signer) to see that the premium is paid. A bail bond is an appearance bond and is good for one year. If the case continues longer than a year, and additional premium is due and is collected for each additional year.

These premiums are not refundable and upon the release of the defendant are fully earned. Any expenses incurred in the transaction of a bail bond, such as long distance calls, travel, or posting fees are to be paid by the indemnitor to the bail agent. Most additional expenses we incur. It is the responsibility of the defendant or indemnitor to supply accurate information.


What happens if the defendant does not appear?
The defendant is obligated by the bail agreement to appear at each and every court appearance required by the court. The failure to do so will result in the forfeiture of the bond. Failure to act immediately can add up expense, such as tracing fees, court costs, and attorney fees if legal action is taken. The indemnitor is liable. The law provides that the associated expenses can not exceed the face amount of the bond. (California Regular Code Title 10 Section 2081(d).


At what point is the co-signer no longer liable for the bond?
The co-signer is no longer liable for the defendant's bond when he/she completes all of their court appearances and all premiums have been paid. It is best to contact the agent when the bond is exonerated by the court. This allows the fast return of any collateral pledged and also confirms that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expenses incurred or until the court exonerates the bond, which then becomes void.


The service of a bail bondsman

A bail bondsman is any person or corporation that will act as a surety and pledge money or property as bail for the appearance of a criminal defendant in court. Although banks, insurance companies and other similar institutions are usually the sureties on other types of contracts, for example, to bond a contractor who is under a contractual obligation to pay for the completion of a construction project, such entities are reluctant to put their depositors' or policyholders' funds at the kind of risk involved in posting a bail bond. Bail bondsmen, on the other hand, are usually in the business to cater exclusively to criminal defendants, often securing their customers' release in just a few hours.

Bail bondsmen are almost exclusively found in the United States, as in most other countries bail is usually more modest, and the practice of bounty hunting is illegal.

Bondsmen usually have a standing security agreement with local court officials, in which they agree to post an irrevocable "blanket" bond, which will pay the court if any defendant for whom the bondsman is responsible does not appear. The bondsman usually has an arrangement with a bank or another credit provider to draw on such security, even during hours when the bank is not operating. This eliminates the need for the bondsman to deposit cash or property with the court every time a new defendant is bailed out.

Bondsmen generally charge a fee of 10% of the total amount of the bail required in order to post a bond for the amount. This fee is not refundable and represents the bondsman's compensation for his or her services. As the practice of paying a 10% cash premium for a bond became widespread, some courts have recently instituted a practice of accepting 10% of the bond amount in cash, for example, by requiring a $10,000 bond or $1,000 in cash. In jurisdictions where the 10% cash alternative is available, the deposit is usually returned if the case is concluded without violation of the conditions of bail. This has the effect of giving the defendant or persons giving security for the defendant a substantial incentive to make the cash deposit rather than using a bail bondsman.

For large bail amounts, bondsmen can generally obtain security against the assets of the defendant or persons willing to assist the defendant. For example, for a $100,000 bond for a person who owns a home, the bondsman would charge $10,000 and take a mortgage against the house for the full penal sum of the bond.

If the defendant fails to appear in court, the bondsman is allowed by law and/or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of a bounty hunter. The bondsman is also allowed to sue the defendant for any money forfeited to the court should the defendant fail to appear.

In most jurisdictions, bondsmen have to be licensed to carry on business within the state. Several unusual organizations often provide bail bonds. For example, AAA (formerly the American Automobile Association) offers a bail bond service to its members who are jailed for ordinary traffic offenses to prevent law enforcement officials from threatening lengthy remand periods before trial if the alleged offender does not plead guilty at arraignment.

Four U.S. states-Illinois, Kentucky, Oregon, and Wisconsin-have completely banned commercial bail bonding, usually substituting the 10% cash deposit alternative described above. However, some of these states specifically allow AAA and similar organizations to continue providing bail bond services pursuant to insurance contracts or membership agreements. For more on bail bondsman, click here.

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