Keep Bailing

You’ve recently bailed your brother out of jail – does that mean you’re completely done with your responsibilities?   Some people who sign a bail bond contract believe that just because they’ve provided their signature and the defendant has been released, that they no longer have future responsibility beyond making sure the bail bonds agency is paid.

In this edition of Bail Bonds: Fact or Fiction, we address questions relating what it means to be an “indemnitor” for a California bail bond.

Fact or Fiction:  I’m listed as the bail bond indemnitor on my brother’s bond contract. The bail bonds agency was paid in full and he’s been released from jail.  There’s nothing else I need to do, right?

Fiction.  When you sign a contract with a California bail bonds company you assume responsibility beyond just making sure the agency is paid.

When a person is released on bail that does not mean their charge has gone away. Instead, it means they’re Read more »

Pretrial Services Vs. Commercial Bail

Is anyone surprised that bail wins?  Would you be surprised to know that twice as many defendants on unsecured release failed to make their court date?  That is correct: commercial bail (releasing a defendant on bond with a friend and bondsman following up) outperforms pretrial services (releasing a defendant on a promise to appear or their “own recognizance” without a responsibile individual to track the defendant) two to one in getting persons to court.

For 22 years, the Federal Bureau of Justice Statistics has been indicating that bail wins, but recently the pretrial services advocates have been trying to make a case to change or eliminate the bail system as we know it. Bail bonds work because Read more »

Bail Bonds Demystified

If your friend or family member is arrested, they could be stuck in jail for days, even weeks.  Posting bail is a fast, easy way to get them released until they must return to court.

You may already know that a bail bondsman is the person who goes to the jail to secure that release with a bond.  But do you actually know what a bail bond is and how it works?

A Bail Bond Is…

A bail bond is a paper document, much like a bank check, that is recognized by our courts.  People should not write checks unless they have provided enough money in their bank account to cover them.  A bail bondsman also makes a monetary promise that says: I guarantee the defendant will appear in court whenever a judge requires, on a specific date and time, or I will cover the entire amount of his bail.

Responsibilities When Co-Signing

But this promise is too risky for a bail bondsman to make alone, so they only post bonds after a defendant, friend or family member contacts the bondsman and agrees to become the bond’s co-signer, or “Indemnitor.”   By signing a bail bond contract, Indemnitors also guarantee to help find the defendant if court is missed or pay the full amount of the bail, if the individual cannot be found.

An Indemnitor has to be in a position to offer a bail bondsman something in return if the defendant misses court.  The bondsman considers the character of his co-signer up, making a calculated judgment call based on his experience.  He often asks potential Indemnitors if they have a job and for how long.  Do they have good credit? Are they homeowners? Etc. Etc.  The questions a bondsman asks help him determine whether or not they are the kind of stable, trustworthy people he is willing to write a bond for.  In addition, an Indemnitor’s involvement encourages the defendant to remain committed to his part of the bargain.  Let’s face it, who wants to stiff someone they care about, that helped get them out of jail?

Bondsman Responsibilities

The minute a defendant is released, the jail no longer has authority over him.  He is now considered to be the property Read more »