When a person is arrested and taken to jail, one of the first things they typically worry about is their loved ones. Will they be able to take care of themselves? Will they be sad? Will they be safe?
In many cases, family members may co-sign a bail bond to ensure their loved one’s release from jail. This can be a way to show support and get your loved one back home as soon as possible.
However, what happens if the defendant can’t make bail? They may be forced to surrender the bond. What does this mean exactly? And what are the consequences?
In this blog post, we will answer all your questions and help you understand the process better!
Bond Surrender Meaning
Surrendering a bond means you are giving up your rights to that bond. This can happen in two ways – by surety or voluntarily.
When a bond surrender happens by surety, it means the bail agent has given up the bond and is now responsible for bringing the defendant to court.
If the defendant does not show up for their court date, the bail agent will be held liable. In a bond surrender by surety, the bail agent will make every effort to bring the defendant to court. They will use their own resources and may turn to bounty hunters if needed.
When a bond surrender happens voluntarily, it means the person who posted the bond (the indemnitor) has decided to give up their rights to the bond. This can happen for a few reasons- the defendant may have been released from jail, they may have found another way to post bail, or they may have chosen to remain in jail.
As an indemnitor, if you no longer feel comfortable being a co-signer on a bond, you may choose to surrender your rights. Talk with the bail agent before making this decision as it could have serious consequences for both parties.
What Happens In A Bond Surrender?
In a bond surrender case, the bail agent will notify the court and the prosecutor that the bond is being surrendered. The bond will then be turned over to the court and removed from the bond schedule.
The indemnitor (the person who originally posted the bond) is no longer responsible for making any future payments on the bond, and they are released from any liability associated with it.
If you are an indemnitor, you may be required to pay a surrender fee if your co-signer has fled or skipped bail. This is because you have agreed to help cover any additional fees associated with the bond when you signed as an indemnitor on behalf of someone else.
What is a Bond Surrender Charge?
A bond surrender charge is a fee that may be incurred when a surety, typically a bail bondsman, decides to surrender the principal—the person for whom the bail bond was posted—back into the custody of the court. This decision to surrender often arises from concerns about the principal’s compliance with bail conditions or their likelihood of appearing in court.
When a bail bondsman opts for surety to surrender, it signifies their withdrawal of support for the bond they initially posted. This action can be a strategic move to mitigate risk, especially if the bondsman believes the principal might skip bail. In such cases, the bail bondsman may issue a warrant for the principal’s arrest to ensure their appearance in court.
The bond surrender charge covers various costs associated with the surrender process, including administrative fees and expenses incurred by the bail bondsman to secure the principal’s return to court. It’s a financial penalty of sorts that falls on the indemnitor (the person who initially secured the bond) and serves as a reminder of the serious responsibility undertaken when signing a bail bond agreement.
Contact Us To Learn More
If you are involved in a bond surrender case or want to learn more about the process, please contact us at your earliest convenience. We’ll be happy to answer any questions you may have and help you get started with posting a bond today.
Get help from the bail experts at My Bail Hotline. We work throughout California to help with any bail issue, and offer flexible payment plans at affordable rates. Contact us today!
