Responsibilities When You Co-Sign Bail Bonds For A Friend

By Larry Nowak

In 2004, the Journal of Law and Economics published a study entitled "The Fugitive: Evidence on Public Versus Private Law Enforcement from Bail Jumping," which highlights the value and effectiveness of bail bond in the court process. According to Eric Helland and Alexander Tabarrok, authors of the said study, twenty-eight percent of defendants who decide to post bail are less likely to abscond court appearance. In addition, the said study also reveals that there is sixty-four percent less probability for the accused to remain at large if the defendant attempts to escape. What this study clearly suggests is that bail bonds are highly effective.

Posting bail is a constitutional right. However, an accused may not be able to fully exercise this right due to financial constraints. If the accused happens to be someone you know, you may choose to act as a representative. Co-signing a bail bond carries financial risks. That is why you must carefully study its implications before you make the decision.

Financial Responsibilities as a Co-signer

When you decide to co-sign for a friend, you also express your willingness to extend financial support. Basically, this means you will shoulder the full amount of the bond in case the defendant fails to appear in the trial. Once you affix your signature on a promissory note, the defendant will be released temporarily.

Generally, you are required to present collateral when you sign an indemnity agreement. Any types of tangible properties with a substantial resale value can be used as collateral. The following are widely accepted as collateral items.

Cash - You may choose to pay instant cash for collateral if necessary.

Car/Vehicles - Provide proofs that you are the real owner of the car/vehicle.

Real Estate Mortgage - For more expensive bail bonds, you can present an up-to-date appraisal of your home.

Credit Card - If your cash is insufficient, you can use your credit card as collateral.

Similarly, the following items can also be presented as a form of collateral depending on the bail bonds agent.

Jewelry - As long as you can provide an authentic appraisal certificate, you may use jewelry items such as gold rings, necklaces, and bracelets.

Electronics - Computers, cameras, and other home appliances with high resale value may also be accepted.

What Else You Need to Know about Co-signing

Once you sign the indemnity agreement, you will have the authority to ensure that the defendant will comply with the bond conditions, most especially in court. If you need more assurances, you can also request the accused to take a drug test and a complete mental evaluation. The test results may prove useful to gauge the defendant's mental and physical condition.

In case the accused commits another illegal offense, or intentionally avoids court appearance, you as a co-signer have the right to cancel the bond. If this happens, the judge can instantly revoke the bond and then immediately orders the defendant to be returned to prison.

To sum up, you should clearly understand the possible risks and associated responsibilities when co-signing on a bail bond. Laws regarding bail bonds usually differ by state. If you need more expert advice, you may consult a reputable bail bonds agent for your guidance.

Larry Nowak is the President of Bad Boys Bail Bonds in Salt Lake City. He and his agents work hard to ensure that nobody spends more time in jail than absolutely necessary. For more information, please visit http://badboysbailbondsutah.com/

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