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Important Facts to Know About Co-Signing a Bail Bond & More

Co-signer signs a check to bail a family member/friend/loved one out of jail!

Things happen and sometimes situations get out of our control. Many people in America have found themselves in a difficult spot when their loved one is accused of a crime and has been arrested. When your loved one or relative is in a tight spot and finds themselves in jail, you’ll likely go to great lengths to get them out. Bail bonds exist to let people out of jail while they await their trial. It’s important to be informed about the process, however, before you sign on any dotted lines. One of the frequent questions is about co-signing a bail bond. 

As we have covered in previous posts, the history of bail in the United States goes way back to the country’s early history. The eight amendment bail clause prohibits excessive bail amounts and the fundamental purpose of bail is to simply tie a defendant to his/her jurisdiction, so that they may be tried in a court of law. The idea is that since people in the United States are innocent until proven guilty, holding them in jail until their court date may cause damage to their way of life or families. The bond is a promise that they will remain in the area and will show up to court. The bond system has undergone several changes throughout the country’s history. 

Co-signing means that a person signs a promissory note or an indemnity agreement that financially obligates them to pay the full amount of the bond if the person does not appear for their court date. Once the bond has been signed, your loved one will be released pending the resolution of their court case. 

You may be required to put down some collateral. By co-signing the bail bond, you are agreeing to take on the responsibility of that bond. If the person does not appear in court when they are scheduled to appear, it might mean that you will be required to pay the amount. Because of this, in some cases, collateral may be required. This might involve tangible assets and property like cars, homes, cash, and more. This is simply a kind of guarantee to the court that if the bond forfeits, the debt will be paid.   

You have the duty to ensure the accused appears in court. By taking on the responsibility of the bail bond, you are, in fact, taking on the greater responsibility of ensuring that the accused appears in court on their given date. If the defendant does not show up to their court hearings, you could be held liable for the entire bond amount. If the person meets their requirements and shows up to their hearings and court dates, you will only be required to pay a small amount of the bond—usually about 10%. 

You do have some say about the terms of the agreement. As a co-signer, you are able to request some stipulations before signing. You can request, for example, that the defendant receives drug treatment or subject themselves to a mental health examination. You can ask that the bond be withdrawn if the defendant continues to partake in these illegal activities to which you have advised against. If these activities continue, as a co-signer, you have the ability to request the bond be canceled and the accused be returned to jail. 

You can have the accused return to jail. Just as with the above, if the accused flees or tries to avert their court date, you can inform the court of the person’s whereabouts and have them returned to jail. 

The moral of the story here is that co-signing a bail bond is no laughing matter. It is something that should be thoughtfully considered. This should be an agreement you are comfortable in doing and one where you are confident the person will fulfill their requirements. A lot of times, the emotional chaos of having someone you love in jail can cloud or disrupt this judgment. Taking on this responsibility is a big commitment. 

Requirements to be a Co-signer

Not everyone can become a co-signer for an accused. There are certain requirements that must be met by law in order to be allowed to sign on behalf of a defendant. In order to co-sign, you will have to show proof of employment, financial capability, residency, and more. The particulars of these laws might vary slightly by state. Essentially some of the main things that will be taken into consideration before a person can sign a bail bond include: 

  • Employment history
  • Criminal history 
  • Available collateral 

Find Out More With Freedom Bail Bonds

If you have a loved one that has been put in jail, give us a call. We can walk you through your options or the process of co-signing a bail bond if that is what you are prepared to do. We are happy to answer your questions. Call Freedom Bail Bonds today.

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Overview of the Bail System: How it Works and How It Can Help You

Lawyer going over contract to discuss the conditions of bail in defense of the arrested client.

The industry has seen its fair share of criticism lately. In fact, the bail system is seeing reform all over the country. We’ve written about some of these reforms in past blogs. At the same time, many people misunderstand the bail system and why it’s there and who it actually serves to protect. The fact is that many times people find themselves in trouble with the law and turn around to find their lives suddenly coming to a halt. The bail system is there to protect people from finding their lives devastated while waiting for their charges or cases to be resolved. It also acts as a kind of insurance for people to go to court. 

Let’s Cover Some Basic Ground

When a person gets arrested and/or charged for a crime or possible crime, they might be taken to jail. Before they can be committed or acquitted, however, they must go through the court system and their case must be heard in a court of law. This takes time. So in order to ensure that everybody gets the right guaranteed by the sixth amendment, they are guaranteed trial. So a person can either stay in jail until their trial comes up, or they can be released on the condition that they will return to court for the assigned court date. Remaining in jail for a couple of months is not only a nuisance to most people, but it is also a completely life-altering event. That is because it means a person will likely lose their job, might be unable to pay bills, take care of family, look out for their kids, loved ones, pets, etc. For the average person, this is simply unthinkable to simply be ripped out of your everyday life and expect things not to fall apart. The issue at hand is that if the justice system deems the person innocent, they have already lost months of their lives, their livelihood, and many times their reputation and loved ones. As a bail bondsman, we help people that cannot afford bail on their own. 

Helping The Defendant and the Court System

Our job is somewhere in the middle. If people were to sum up our jobs, we are a kind of insurance. We are a loan. And we make sure that people show up to court. When there is a bail that is of high amounts, most people cannot afford that. So we front the money for the agreement that they will show up to court when need be. If they do not, we help find the defendant and ensure that they show up to court. 

The court itself makes its assessments about who is a flight risk or not. That is really up to the judge. We are not connected to the courts in any way, per se, but we are a third party that helps defendants keep their lives together as they await their court date and also puts pressure on them to return to court when they need to show up. 

The Judge’s Considerations for Bail

The bail bondsman does not set the bail amount. It is the judge that sets this amount and decides what the defendant needs to pay depending on certain factors. These include:

  • Whether the defendant is a flight risk
  • Whether they are a possible danger to the public. 
  • The judge will consider the evidence and charges. 

Interesting Facts about Bail That You May Not Know

Even though bail bondsmen are often portrayed as the bad guy, we are really only a kind of middleman that takes responsibility for a defendant to show up to their court hearings. In this sense, we will help the justice system move along. Here are a couple of interesting facts to note about what we do here:

  • The state regulates Bond fees. The fees that come with the bonds are regulated and imposed by the state. 
  • A bail bond is a type of loan. We provide a type of loan to people that cannot afford the bail amount that the judge requires. Otherwise, defendants may have to remain in prison until their court hearing. 
  • Showing up is not always the end. Some defendants may have more special restrictions set for their bail. These may include signing up for a drug rehab program, remaining within state lines, etc. This all in addition to showing up for court. 
  • Bail bonds often accept collateral. And that collateral can come in different shapes and sizes. For people that can’t afford to take out a bail bond, there are options available in terms of collateral. This might include a vehicle, jewelry, etc. This helps secure your loan and allows you to pay your bail in order to get out of jail.

Go to a Trusted Bail Bondsman in El Paso

Freedom Bail Bonds has been providing people with bail for many years now. If you’re loved one has been arrested and is facing a bail amount, give us a call today and see how we can help you. Don’t let your life come apart before you see your day in court. 

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How Bail Bonds Work in El Paso

someone in jail gripping the barsNo one wants to spend time in jail, especially during the holiday season. If you or a loved one is in police custody, and you’ve been charged with an offense, then you don’t have to feel as if all your options have been extinguished. You have the ability of posting bail in order to get out of jail. The bail amount is determined by the judge. He or she will base the amount on a handful of factors, such as the crime’s severity or the probability of the defendant, committing other crimes upon release.

Basically, by posting bail, you would be able to get out of jail and live your life as you would normally. You will still be required to appear on your designated court date, however. Bail can range from low amounts to high amounts of thousands or even millions. But in most drunk driving cases, for instance, bail can range from $500 to $1,000 if it’s a misdemeanor offense or upwards of $50,000 for felony drunk driving. 

Helping You Post Bail

Posting bail may seem impossible, especially if it’s an amount you can’t simply procure, but this is where bail bond companies come into play. If you’re in the El Paso area and you need help posting bail, then Freedom Bail Bonds can help.

Now, you may be asking yourself how exactly do bail bond companies work? In general, bail amounts are simply too high by most people’s standards. A bail bond company, however, can basically post bail on your behalf so you’ll be able to walk free from jail. The way this works is quite simple. Bail bond companies charge a nonrefundable fee of 10 or 20 perfect the bail amount. So, let’s say your bail was set at $1,000 and the bail bond company you choose charges a 20% fee, you will only have to pay $200 out of your own pocket while the bail bond company pays the rest of the bail on your behalf. But that’s not the end of the story.

Now this second part is where it gets a bit tricky. After you pay your percentage, you’ll be required to sign a surety bond which basically makes you liable for the full bail amount if you fail to appear in court for your appointed court date. This is basically the collateral required for the bail bond company to do its part in helping you to get out of jail. So, as long as you appear on your appointed court date, you’ll have nothing to worry about in terms of bail. Sure, there’s still the whole issue about your alleged offense and the potential sentence you may or may not face, but that’s all further down the road. Our main goal is to get you out of jail upon your arrest.

If you’re spending time in jail, maybe a week or two, for driving under the influence and it’s your first offense, then the legal ramifications might be much more lenient than if this were a felony DUI charge. But those are the details you’ll go over with your lawyer at a future date. Freedom Bail Bonds is focused on helping you get out of jail so you’ll be able to live your life with your family, not in jail. 

Many people get pulled over for drunk driving, especially during the holiday season. New Year’s Eve is unabashedly known for its copious amounts of drinking. It’s also a night for celebration which means there are countless parties taking place all across the city. If you were invited to three parties and you had a few drinks at the first one, you might get pulled over while on your way to the next party. Or you might find yourself driving the same road where a DUI checkpoint is taking place. 

Freedom Bail Bonds is Ready to Help

Whatever your situation may be, it’s necessary for you to have the knowledge that Freedom Bail Bonds will be there to lend a helping hand. Paying whatever amount of bail out of your own pocket may not seem feasible but paying a small percentage for the same outcome is very much doable. If you or a loved one requires bail assistance, we can help. Contact Freedom Bail Bonds today. Or simply save our number in your phone book so you’ll be prepared if the moment ever arises.