Can You Go To Jail For Signing A Bond
The phone rings. It's a family member or close friend asking for help with posting bail after facing a criminal charge. Maybe they've had a brush with domestic violence. One question likely flashes through your mind: can you go to jail for signing a bond and are you signing up for more trouble than you bargained for? This article answers an uncomfortable question most people might be too embarrassed to ask but are privately worried about.
You are probably aware of your financial responsibilities as a bond co-signer. But are there other, maybe even criminal, implications of helping someone get released on bail? After all, helping a loved one should never land you in hot water with the law, and it's important to understand your legal responsibilities.
Table of Contents:
Understanding Bail Bonds and Your Role as a Co-signer
The Co-signer's Legal Responsibilities
When Could a Co-signer Face Jail Time?
Financial Implications and Risks
Safeguarding Yourself as a Co-signer
Alternatives to Co-signing
Options to Consider
Can You Go to Jail for Signing a Bond: The Takeaway
Understanding Bail Bonds and Your Role as a Co-signer
Let's get down to brass tacks with some essential information. A bail bond is essentially a surety bond and a financial guarantee to the court. This bond helps to make sure that the defendant will show up for all required court dates and abide by their release conditions.
If a defendant cannot afford to pay bail, they often turn to a bail bond agent. The defendant pays a percentage of the total bail amount, typically around 10%. At the same time, a co-signer promises to cover the full amount if the defendant becomes a flight risk. This posting bail action helps the defendant secure their release while their criminal case proceeds.
Signing a bond isn't just a casual favor. When you sign a bond for someone, you are stepping into a legal contract, also known as a bail bond agreement. If they skip town, you're the one the bond agent or bond company will pursue to get their money, sometimes requiring them to hire a bounty hunter.
The Co-signer's Legal Responsibilities
So, what are the specific obligations when you're a bond co-signer? For starters, a co-signer ensures the defendant attends all court dates set by the court. That seems pretty simple, right?
Wrong. Your legal responsibilities as a co-signer extend beyond just ensuring their physical presence at court dates.
Make sure the defendant fully understand their release conditions.
Maintain regular contact with the defendant to remind them of upcoming court appearances and avoid them facing additional crimes.
If you suspect the defendant might flee, you’re responsible for immediately informing the bail bond company or law enforcement to help prevent them from being a flight risk.
Failing to fulfill these responsibilities can lead to serious financial repercussions. You might think being a co-signer is about having good credit, but it involves a lot more financial responsibilities than that. This can be tricky in cases involving mental health, because the person might truly want to fulfill their obligations, but be dealing with a diminished state of mental capacity. Either way, you would still be on the hook for their inability to attend their court dates.
When Could a Co-signer Face Jail Time?
Here’s where things get tricky, and we can answer your initial question of "can you go to jail for signing a bond." Generally, you won’t be jailed simply because the defendant fails to appear in court. The risk of jail time for signing a bond as a co-signer, although rare, becomes a reality under specific legal circumstances.
However, active participation in helping someone evade law enforcement changes things. This means the co-signer takes tangible steps to help the defendant secure an escape or avoid appearing at their court dates.
Here’s how you could run afoul of the law and what actions might open you up to facing criminal charges:
Aiding and abetting a fugitive: Knowingly helping the defendant escape or hide from law enforcement, even something as simple as providing false contact information to law enforcement.
Obstruction of justice: Interfering with a court case, be it hiding the defendant or preventing witnesses from cooperating with the court officer.
Making false statements: Lying to law enforcement to shield a defendant; This could also result in charges of perjury if under oath in court.
Ultimately, actions that undermine the legal process could result in serious consequences for the co-signer, even facing the same criminal charges as the defendant in the alleged offense.
Financial Implications and Risks
The most obvious risk of being a bond co-signer is financial. The goal of the court is to ensure your friend or family member returns for their hearings, as this helps the court maintain justice and keep things fair for all parties.
The following actions would cause financial risk for the bond co-signer and lead to the bonding company trying to collect:
Full bail amount: As the co-signer, you become liable for the entire bail amount if the defendant fails to appear in court.
Collection efforts: Bail bond companies have legal recourse to pursue the owed money, which could involve wage garnishments or even seizing assets if you fail to pay bail.
Damaged credit: Non-payment will negatively impact your credit score, making it harder to get loans in the future, making a bad financial situation worse.
In some cases, co-signers may put up collateral, such as real estate or vehicles, to secure the bond. Imagine losing your house because someone else didn't show up to court. To post bail is not always worth the collateral on your assets, and should be considered when the judge set bail.
Safeguarding Yourself as a Co-signer
So, how can you navigate this potential minefield and safeguard yourself? How can you avoid becoming ensnared in the defendant's criminal activity?
First and foremost, assess the defendant’s reliability. Take a hard look at their prior criminal history. What’s their track record when it comes to responsibility and following through, and what steps should be taken to ensure the defendant secure the release conditions?
Discuss expectations: Before signing anything, clearly outline what you expect from them, including attendance at all court dates and compliance with all release conditions to avoid facing additional crimes.
Get everything in writing: Make sure that all agreements are clearly documented and put in writing for both parties to abide by in case any issues arise. If possible, talk with legal professionals for clarification of anything that seems vague in the document.
Consider collateral: Requiring the defendant to put up some form of security protects you in case of forfeiture, and makes them defendant pay should they fail to appear.
Alternatives to Co-signing
Sometimes, saying no is the smartest move. But because family will be family, and friends will be friends, that can be difficult.
If you're not able to help them, let them figure out some alternative options. Maybe it is best for them to find ways to spend a little time reflecting in jail.
Options to Consider
Unsecured bond: An agreement that the defendant will pay the full bail amount only if they fail to appear, placing the legal responsibilities and financial situation on them instead of you.
Property bond: The defendant uses property as collateral, removing you from the direct financial risk as the property serves as the bond.
Pretrial services: Programs that supervise defendants and help them meet their obligations; Services might include check-ins, drug testing, or electronic monitoring to ensure compliance and avoid any criminal activity.
Can You Go to Jail for Signing a Bond: The Takeaway
You came here wanting to know if can you go to jail for signing a bond? Co-signing a bond is a significant commitment, involving the legal responsibilities of making sure the defendant secure their appearance at court. It carries real legal and financial risks that you need to be aware of before you choose to sign as a bond co-signer.
While imprisonment for co-signing a bail bond is rare, as explored in this beginner guide, actions that aid a defendant in fleeing justice are a very real threat and should never be an option. Before you sign anything, be sure you fully understand the potential repercussions that could occur should the defendant fails to appear at their court dates. Evaluate the risk and responsibilities with open eyes and by working with qualified bond agents and legal professionals.