What Are You Responsible for in the Bail Bond Process
You may have experienced this or know
someone who has. The phone rings at 3 in the morning. The caller is informing you
your son was in a car accident. He tells you that he took a breathalyzer and
was declared drunk. He was at fault and there are injuries. This is the second
time this has happened.
This is his second offence and bail has
been set at $10,000. You call a bail bond agent to secure his release. You son
is free for the time being but what are your responsibilities moving forward.
After all, the ordeal isn’t over. In fact, it’s just begun.
What are your obligations and
responsibilities as someone who signs a bail contract?
First and foremost, you
are responsible for making sure the defendant makes it to all court
proceedings. You, along with the bail agency, are guaranteeing that the
defendant makes all of his or her scheduled appearances.
If the defendant misses a court date, you may
be responsible for any additional fees and or costs. Sometimes it is excusable to miss a court
date. The court is aware that circumstances do occur. Sickness, serious family
matters and other emergencies can be valid reasons for missing a court date.
However,if the bail agency must hire an agent to bring the defendant back, you
may be responsible for those costs. Those costs can be significantly more than the
original bail fee.
If the defendant cannot be found, you may
be held responsible for the entire bail
amount. If collateral was taken at the time the bond was written, it will be
held until full payment is made or it can be used to defer the costs of the recovery
process.
A question that often comes up is “If it becomes apparent that the defendant
is not going to go to court, can I get out of paying the bond?”. The answer is usually
no. When you sign the bail contract you become the defendant’s indemnitor and
are responsible for the entire bail amount and any additional fees, period.
Another common question is “The State’s Attorney dropped the charges and dismissed
the case. Can I get my premium back?” Absolutely not. Changes to the case don’t
have any impact on the payment terms, and the case was probably dropped because
the defendant was not incarcerated. Bailing someone out usually significantly
improves the outcome. At any rate, once
the defendant is released from custody, the premium is always non-refundable.
When you sign a bail bond contract, you are
entering into a binding agreement that can cost plenty if the defendant fails
to appear. Before taking the step of
becoming an indemnitor, ask yourself some questions.
- How much do you trust the person you’re bailing out?
- How long and how well do you know them?
- Are they close friends or family members?
- Are they responsible enough to get themselves to court when required?
- Are they employed?
- How easy is it for them to move out of state?
Most of us are willing and happy to help
friends or family out of a problem. But signing a bail bond contract is serious
business with serious consequences. Think before signing the contract. There
are no do overs. You must be right the first time. If you have questions about
bail costs, the bail process or any bail related subject, call the experts at 3-D Bail Bonds.
They
are Connecticut’s leading Bail Bond agency with bail bondsmen available 24
hours a day, 7 days a week. They take customer service seriously and have many creative
options that will make the process less stressful and affordable for you.
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