ByPutting your name and financial resources on the line to bail a loved one out of jail is an admirable act of kindness. However, it is important to consider all of the consequences before committing to this task.
Posting bail is a way for defendants to be released from jail leading up to their court dates or trials. Those who help them with a bail bond will need to provide collateral and pay a fee to the bondsman.
Know the Law
The judge sets a specific amount that someone who is arrested must pay so that they can be freed from jail until their trial. This money can vary widely based on the charges and severity of the crime. When family members or friends pay on a bail bond, they are essentially making a legally binding promise to the bondsman that they will ensure that the defendant shows up for all of their court dates.
If the defendant skips one of their court appearances, the bondsman must keep the money and the person who paid it may be obligated to pay back the amount to the bondsman. This is why it is important for people who intend to cosign on a bail bond to think carefully about the decision.
Some bond companies allow property as collateral for a bail bond, which can be an option for those who aren’t comfortable paying the full amount upfront. However, the property must be of significant value and have sufficient equity in order to secure the bond.
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Know the Charges
It’s important to understand the charges your loved one is facing before agreeing to help. This will give you insight into the severity of their case and provide you with a better understanding of why they may need a bail bond to get out of jail.
Bail is set when a judge believes that a person’s promise or pledge of money will ensure their appearance at all future court dates. This arrangement allows people to stay out of jail awaiting trial while a private company secures their release with a fee. These fees are typically 10% or less of the total bail amount and are only returned to the defendant at the end of the case if they attend all of their court dates (minus bondsman fees).
For those who cannot pay in cash, you can use real estate, car titles, or other assets as collateral for the bond. However, make sure you thoroughly vet any company you’re putting your assets up against and fully understand how they work (how the lien is paid back, timelines for collateral release, etc.).
Know the Court Dates
It’s important to know when the next court date is for the case your friend or family member is charged with. This way, you can make sure they show up to all their court dates.
It also helps to know why they were arrested. If they’re charged with a serious crime, they may be at a greater risk for missing a court date because their families and livelihood are on the line.
Putting your finances on the line for someone isn’t always an easy decision to make, especially when you don’t know them well. It’s best to only bail people out of jail who you trust and can be depended upon to show up for their court dates.
It’s also good to know that you don’t need to put up the full bail amount to help a loved one out of jail. A bail bondsman can work with you to come up with a payment plan.
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Know the Options
When someone you love is arrested, it’s natural to want to help in any way possible. But before making a firm promise, it’s wise to understand exactly what you are getting into.
Posting bail is a financial commitment and carries significant liability for you as the indemnitor (signer). You are legally responsible to ensure the defendant attends all of their court dates. Missing a single date may cause the bond to be forfeited and a warrant will be issued for their arrest.
You can cover the full amount of their bail through a bond company or you can seek out other ways to raise money, such as online crowdfunding campaigns, garage sales, and community fundraisers. You can also sell items of value, such as electronics, jewelry, or vehicles, through pawn shops or online marketplaces.
Personal loans and cash advances are also available, but these often come with high interest rates. Make sure to carefully vet any companies that request collateral and get all terms in writing before signing anything.
