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How does bail typically work?
When someone is arrested for a crime they did or didn’t do, they’ll eventually end up at one of the San Diego County Jails to await their first court appearance. A Bail Bond amount, determined by the Courts RULE 3.1.4 depends on the charges and basically a financial guarantee the defendant will return to court for each and every scheduled hearing. If you paid the full bail amount in cash and they show up to court, all your bail money is returned (sometimes minus fees).
If the defendant doesn’t have access to the full bail amount in cash, they might call a bail bondsman. Bail Bond Companies typically charge a non-refundable premium between 7 & 10% of the total bail amount – and may also require a co-signer. This is where you may come in.
When you sign a bail bond agreement, ‘you’ guarantee ‘they’ will appear in court. If ‘they’ don’t, ‘you’ can be responsible for paying the full bail amount and/or associated costs with the Bond.
What are the risks of bailing someone out?
Before you agree to post someone’s bail, you should understand the risks.
- If your loved one skips court, you could lose any money or collateral (like a car or house deed) that you used to secure the bond
- No matter how close you are to your loved one, money and legal troubles can put a significant strain on your relationship.
- If you don’t pay the bond and the defendant skips court, it could lead to civil action against you. The defendant will likely face additional criminal and civil charges as well.
Further, the stress of worrying about whether your loved one will show up in court can take a toll on your mental health. Understanding these risks are the first step in protecting yourself.
How can I protect myself when posting bail?
If you do decide to bail someone out, there are a few ways to reduce your risk and safeguard your finances.
Think carefully about your loved one’s history and character. Do they have a stable job, a home, and strong community ties? Have they been reliable in the past? If they’ve skipped court or had run-ins with the law previously, you might want to step away.
Before signing anything, read the complete bail bond contract carefully. Make sure you understand how much money you’re risking, what happens if the defendant doesn’t show up, and any fees or additional costs involved.
If something isn’t clear, ask the Bail Bond Agent to explain it like you’re a 5th grader if need be. You can also consult with an attorney for advice.
Talk openly with the person you’re bailing out. Make sure they understand how important it is to attend all court dates, and let them know the financial and legal risks you’re taking on their behalf.
Keep track of all court dates and deadlines – don’t rely on ‘them’ to keep you updated. If necessary, contact their attorney or the court to confirm the schedule.
You might ask ‘them’ for collateral. This can provide you with some protection if they don’t show up for court.
Finally, check in with ‘them’ frequently. Make sure they’re aware of upcoming court dates and encourage them to show up. If they seem stressed or overwhelmed, remind them that missing court will only make things worse.
What happens if ‘they’ don’t show up to court?
If ‘they’ miss their court date, it’s called a ” bond forfeiture” otherwise known as failure to appear.
- The court will likely issue a bench warrant for their arrest.
- As the co-signer, you may be required to pay the full bail amount or cover the costs in locating and arresting the defendant.
- If you used property as collateral, it could be seized to cover the bail cost amount.
- The bail bondsman might take legal action against you to recover their losses.
