When you find out that a friend or family member is in need of bail, your immediate response is likely that you want to help them. Yet agreeing to cosign for someone's bail bond is a big legal and financial responsibility for you to take on. You are essentially responsible for making sure the person who has offended will turn up to court on the right date and time and you will have to front the bail costs should they not do so.
This might be okay when initially spoken about but the time between bail and the initial arrest can be a while. In these weeks or months, your relationship might deteriorate, or it could be that your financial circumstances change. You may no longer be able to front the expensive costs of bail in the case of them not showing up.
If you have agreed to post bail on their behalf but cannot do so when the time comes around, this can have negative implications for you if you can’t pay. When this occurs you might find yourself wondering if you can get your name off of someone’s bail bond or if it’s even possible. Luckily you can do it, but understanding the process is vital. Here we look into the steps involved and what you need to know.
Why might you want to get your name off someone’s bail bond?
There are many reasons you might want to get your name off someone’s bail bond and it’s vital that the explanation you have is a sufficient one. It might not always be possible to remove you so having a good reason for removal is a big part of the process. Some reasons include:
- If you were adding without your knowledge or giving consent
- If the accused doesn't meet the conditions set out for them by the court. This could be attending a meeting or rehabilitation program, missing court dates or something else similar that shows they aren't committed.
- If you feel endangered by the accused
- If the bail bond agent cancels the bond due to circumstances such as those outlined in the second point
What you need to do to get your name off someone’s bail bond
Signing a bail bond is a legal commitment and as such it's not something that you can easily get out of. This is why you need to take the correct steps and make sure nothing is missed. This process involves:
Speak to an attorney for legal advice
Once you have decided you no longer want to be the bail bond for someone, you need to get in touch with an attorney. They can inform you of the process and answer any questions that you might have. They will be experts in all areas of bail bond and what happens before, during and after the process so you can keep yourself informed every step of the way. You want to ensure nothing is missed and that you won't take time and effort to contact the bail bondsman to start the process if it can't even be done.
Contacting the Bail Bondsman
Once you’ve spoken to an attorney, your next step is to contact a bail bondsman. This is the middle party who will facilitate the bond agreement and ensure all is done as it should be. They will let you know whether or not you can get out of your agreement and if there are any implications of this. You might, for example, be liable for additional fees or they could suggest the bond terms are adjusted as opposed to you removing your name completely.
Providing a valid reason
You will need to justify your reason for no longer wanting to be on the accused's bail bonds and this might need to be further backed up by evidence. If the defendant has been partaking in violent or illegal activity for example, you might have CCTV or text messages that show what they have been acting like. This can help back up your reason and make it more likely you will be accepted to having your name removed from someone’s bail bond without as much hassle involved.
The removal completion
In some cases, you might not have your bail bond removal accepted by a bail bond agent as they are looking out for the defendant. If this is the case, it might be necessary to take the case to a judge yourself. You will need to file a motion and be ready to show exactly why you no longer want to be on someone's bail bond, any evidence you might possess and details of your communications with the bondsman.
Each case put forward is different and has varying levels of complexity. Because of this the completion process of your request can take anything from a few days to a few weeks or even a few months. Bear in mind that until the legal documents have been signed and it's all finished, you may still be liable for the bail conditions for the accused.
If you put forth any collateral for the case, this will be returned to you once the documents are signed and you are officially released from your duties on the bail bond. Ensure your document explicitly documents you are released from having to provide a bail both for this case and any future obligations that might arise related to it. This means no matter what happens you shouldn’t get embroiled in it all.
If you are looking for a bail bond, or if you know someone that is and you want to ensure you're getting the best possible service, get in touch with us at Mr. Nice Guy Bail Bonds today. We can provide 24 hour bail bonds straight from our office in Santa Ana and will help the accused get out of jail in no time. Get in touch with us if you have any questions, need help or just want to find out more about the above, we would love to help.
