Getting arrested or having a family member end up in jail is no way to spend the holidays. But did you know that being in jail doesn’t mean that you have to stay in jail?
If you can pay a portion of that bail you can walk away free, at least until your arraignment or next court hearing.
However, when you’re in jail, it can be difficult to line up the funds for your release. You’ll likely need access to thousands of dollars (or more, depending on the nature and severity of your crime). Even if you have the money, you still need a cosigner to guarantee the bail bond.
Luckily, a relative or friend can act as a cosigner. However, that also means they’ll be on the hook if you fail to appear in court.
While some people may wonder if you can transfer bail bonds to another person after cosigning, it’s important to know that cosigning can only be canceled, not transferred.
What is a Bail Bond Cosigner?
A bail bond cosigner is someone who has assumed responsibility for a defendant as they wait for their court appearances. If the defendant doesn’t show, the bail bond is forfeited to the court and a warrant is issued for their arrest.
It’s perfectly natural to worry that being a cosigner of a bond means you can go to jail. The good news is that’s not the case. The reality is that you are only there to help ensure that the defendant will appear for their next court date.
When the defendant shows for their hearing, the bond is marked to be returned at the conclusion of the case. That’s true even if the defendant is ultimately found guilty.
On the other hand, if the defendant doesn’t show, the bond is forfeited and a warrant is issued for the defendant’s arrest. In this instance, you could be responsible for paying the full amount of the bail.
Can you go to jail for signing a bond as a cosigner? You are responsible as cosigner for the financial commitment. However, as long as you address that responsibility, you won’t face criminal penalties, like jail time.
Who Can Cosign a Bail Bond?
As for who can cosign a bail bond, it can be anyone. A spouse, family member, friend, or simply anyone who knows the defendant and will be able to reasonably vouch for their whereabouts can cosign a bail bond.
The strength of the relationship between the cosigner and defendant will matter to your bail bondsman. Why? Because the bail bon cosigner is the person responsible for supporting the defendant in the run-up to and during the trial.
A good cosigner is someone that has good credit, a stable job, and is a responsible person with ties to the local community. Cosigners are on the hook for bail and the defendant, and it’s basically like signing a contract that you will bring the defendant to court.
If they don’t show, you’ll have to pay the bail amount, so it’s important to take this responsibility seriously.
While you may not be on the hook for the entire bail amount, you will have to make arrangements to pay or put down about 10 percent of the total amount with your bail bond agency before bail can be posted.
It’s a heavy responsibility. If you’ve been asked to be a cosigner, carefully consider the likelihood of your ability to encourage the defendant to appear in court.
How To Cancel a Bail Bond
If you’ve made a mistake and you’d like to get your name off of someone’s bail bond, you have some rights as a cosigner.
Can a co-signer of a bond go to jail? It’s very unlikely. However, you’ll still need to pay the amount owed as co-signer on the bail bond agreement. That’s true unless you take action to change your status in that regard.
There is no requirement to be a cosigner in the first place, so before you become one you should weigh your options in detail. If you have reason to believe that the defendant won’t make it back for their court case, becoming a cosigner would be a bad legal decision (and could reflect badly on you in the future).
Similarly, being a cosigner can strain relationships if the person for whom you cosign doesn’t hold up their end of the bargain. It’s a situation where you’ve agreed to trust someone completely and they take advantage of your kindness.
In this case, where you’ve already become a cosigner and you’re interested in transferring that bail bond to another person, remember that you can’t directly transfer bail bonds. However, that doesn’t mean you’re out of options.
you can revoke the agreement by speaking with your bail bondsman. Tell them that you’d like to terminate the contract and the defendant should be taken back to jail.
What if you want to support your arrested friend or family member but realize you can’t take on the financial responsibility after signing? Your friend or family member may be wondering what happens if someone takes their name off their bond.
Better yet, if you can find a replacement cosigner, you can get rid of the responsibility without causing more complications for the person who was arrested. You can terminate your agreement while helping to facilitate a new agreement and cosigner.
From this perspective, you could say it’s possible to transfer bail bonds in spirit, although not technically. The technical process still requires you to cancel your cosigner status before a new bail bond cosigner puts their name on the agreement. However, the end result is similar to a bond transfer.
To learn more about how bail bonds work, get professional help from the bail bond experts at My Bail Hotline. Our many locations throughout California mean we’ve got you covered in the case of a bail bond need. Contact us today!
