The following information is general and is not intended to disseminate legal advice or specifics to your case. Certain factors (including, but not limited to, aggravating circumstances or prior criminal record) may alter the degree of offense for which a criminal defendant is charged. If someone is arrested, the Defendant has to post a bond in order to secure release from jail. The bond is intended as a guarantee that the Defendant will appear in Court as required. Bonds differ in amount and normally increase with the seriousness of the offense.
What is a bail bond?
A bail bond is an appearance bond and is good for one year. If the case continues longer than a year, and additional premium is due and is collected for each additional year. These premiums are not refundable and upon the release of the defendant are fully earned.
What is a Cash Bond?
The Defendant places the entire bond amount (for example $5000.00 for a $5000.00 bond) on deposit with the County. If the Defendant appears in Court as required and the Bond is not forfeited, then the entire amount is refunded to the Defendant after disposition of the case. Normally court costs or fines, if any, are deducted by the County prior to refund of the Cash Bond.
What is a Surety Bond?
The Defendant contracts Jay Price Bonding and pays only a portion of the bond amount as a non-refundable service fee in exchange for the Bondsman issuing a surety bond which guarantees the Defendant's appearance in Court. We may require a co-signer for bonds of higher amounts.
What are a Co-Signer's Responsibilities?
It is the responsibility of the indemnitor (cosigner) to see the premium is paid. Any expenses incurred in the transaction of a bail bond, such as long distance calls, travel, or posting fees are to be paid by the indemnitor to the bail agent. Most additional expense we incur. It is the responsibility of the defendant or indemnitor to supply accurate information.
What happens if I am a Co-Signer of a defendant who does not appear in court?
The defendant is obligated by the bail agreement to appear at each and every court appearance required by the court. The failure to do so will result in the forfeiture of the bond. Failure to act immediately can add up expense, such as tracing fees, court costs, and attorney fees if legal action is taken. The indemnitor is liable.
As a Co-Signer of a defendant, when am I no longer liable for the bond?
You are no longer liable for the defendant’s bond when he/she has completed all of their court appearances, and when premiums have been paid. It is best to contact the agent when the court, for the fast return of any collateral pledged, exonerates the bond and to confirm that the bond is exonerated. In the event of forfeiture, the indemnitor is liable until the full amount of the bail has been paid, plus any expense incurred or until the court exonerates the bond. The bond then becomes void.