When someone close to you gets arrested, you probably hate the idea of that person languishing in a jail cell until the case goes to court. Fortunately, the Louisiana legal system allows posting bail as an assurance that they will appear at their trial. However, the process usually requires the assistance of a co-signer.
Before you agree to co-sign someone’s bail bond, you need to understand some crucial points about how this process works, what it involves, and what you stand to lose if the person you posted bail for doesn’t meet the court’s obligation to appear. Take a look at some common questions and answers about co-signing a bail bond.
Bail Bond Co-Signer FAQ
Why does a bail bond require a co-signer?
It’s simple: The court needs some assurance that the defendant won’t simply disappear before the court date, fail to check in with the court as prescribed, or be non-compliant in other ways while awaiting trial.
The bond you cosign helps to guarantee that the defendant will appear in court on the scheduled date. As co-signer, you agree to repay the defendant’s bail if the defendant fails to appear for a court hearing. You also certify that you will vouch for the accuracy of the information that the defendant submits to the court.
Who can be a co-signer?
A co-signer should have a steady job and a good credit score. A steady job shows reliability and the ability to cover potential costs. A good credit score indicates to lenders that the co-signer is trustworthy and can cover the debt if the primary borrower defaults. The court will verify the co-signer’s financial status by requesting proof of their credit cards, paychecks, and payment history. There are some other requirements that can vary by state (see below).
What does the co-signing process involve?
Co-signers, defendants, and bail bond agents all sign the bail bond application. At the same time, you will sign a promissory note that officially makes you financially liable for any bail violation. You’ll also sign an indemnity agreement that goes into detail on everyone’s responsibilities and requirements up to the court date.
The terms of the promissory note include your obligation to pay a premium to the bail bonds agent. In Louisiana, the standard amount is 12%. Since this payment counts as a service fee to the bail bonds agent, it’s non-refundable.
Even after you’ve completed all these steps, you still have work to do as a bail bond co-signer. Pay attention to the hearing schedule and trial appearance dates. The responsibility for seeing that the defendant makes all these appearances ultimately falls on you as part of the bail bond terms and regulations.
What happens if the defendant violates bail regulations?
Your financial obligation as a co-signer ends once the person you co-signed for meets all the court’s pre-trial requirements. These requirements may include submitting all requested documentation, making all scheduled appearances at pre-trial hearings, not committing crimes, and completing the trial.
If the person you posted bail for fails to appear in hearings or at the trial, the court will hold you responsible for making good on the unpaid bail amount. You will then have to pay the entire bail amount or hand over the assets you put up as collateral.
Fortunately, you won’t necessarily have to pay this large chunk of money in a lump sum. Your bail bonds agent may allow you to set up an installment plan in which you pay a predetermined amount each month until you’ve settled your debt. (You’ll want to ask about this option in advance.)
What should I consider before agreeing to co-sign?
No matter how much you care about the person you want to help, you should think carefully before entering into a bail bond co-signer agreement, just as you would before making yourself liable for any other loan. Start by reviewing every detail of the role’s obligations, processes, and responsibilities with your bail bonds agent.
Also, take an honest inventory, regardless of your relationship or personal feelings. Ask yourself whether this person shows enough reliability and strength of character to appear as instructed and protect your investment. If the answers don’t inspire confidence, rethink your plans.
What can be used as collateral?
In some cases, co-signing a bail bond requires pledging property such as a home, car, cash, or other valuable items. This ensures the bail bond company has the money paid to free the defendant. This money is pledged through a surety bond with the court.
Can the co-signer request stipulations?
Yes, the co-signer can request stipulations before co-signing, such as a mental health evaluation or drug treatment program.
Can I withdraw a bond I have co-signed on?
As a co-signer, you have certain rights. If you believe the accused will not appear in court, you can contact the bondsman to request the bond be withdrawn. The bondsman will then have the accused picked up and returned to jail.
Do I have to be a U.S. citizen to co-sign a bail bond?
You must be a U.S. citizen or legal resident of the U.S. to cosign for bail.
What are the bail bond co-signing requirements?
Requirements include:
- Being at least 18 years old
- Providing valid government-issued identification, such as a driver’s license or passport
- Living in the same area for a predetermined period
- Having a good credit history
- Having stable employment
Key Points for Co-Signers
- You must meet eligibility requirements to co-sign. They vary by state, but generally, you must prove your income will allow you to take on this financial responsibility, that you have sufficient credit, stable income, can verify your ID, have a well-defined relationship with the defendant, and more.
- Co-signing will result in the release of the accused. Co-signing a bail bond results in the accused being released from jail.
- You are expected to ensure court appearances. The co-signer has the responsibility to ensure the accused attends all court hearings and complies with other bond conditions.
- You have a right to request stipulations. The co-signer can request certain stipulations before co-signing, such as requiring the accused to attend a drug treatment program or undergo a mental health evaluation.
- You have a right to revoke the bond. If the co-signer becomes uncomfortable with the accused’s behavior, such as engaging in illegal activities, they can ask the bail bond company to cancel the bond and return the accused to jail.
- You can report non-compliance: If the accused flees or refuses to attend court, the co-signer can inform the bail bond company of the accused’s whereabouts to facilitate their return to jail.
The Bottom Line
Co-signing a bail bond is a significant commitment that involves both financial risk and a duty to ensure the accused complies with court requirements. Understanding the responsibilities and potential consequences can help you make an informed decision about whether to co-sign a bail bond.
About Bail Bonds St. Tammany
Bail Bonds St. Tammany is a local bonding company. With several locations throughout the state of Louisiana, we service St. Tammany Parish Jail in Covington, Livingston Parish Jail in Livingston, Jefferson Parish Jail in Gretna, Tangipahoa Parish Jail in Amite, St. John Parish Jail in Laplace, and many more.
For more than 20 years in the industry, Bail Bonds St. Tammany has been providing both families and individuals with expedient and efficient bail service. We are reliable at any time, day or night. We are always here for our clients and we treat people who require bail as people, not criminals. There is no way of knowing the circumstances behind what has happened to an accused, and we firmly believe in “innocent until proven guilty.” This respectful approach to our clients is part of what makes Bail Bonds St. Tammany better than the competition.
We process all bond payments securely, and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want loved ones to stay in custody longer than necessary. Our bail bondsman will make the entire process of obtaining bail simple and painless. Let industry knowledge work for you.
We offer payment plans, too. For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
