One of the most interesting questions that a bail bondsman gets involves whether or not a person should be bonded out of jail. While the purpose of bail is supposed to be to ensure that a defendant appears at trial, there is no question that judges often use bond as a way to discourage the pretrial release of defendants that they do not feel should be released before trial. Family members and loved ones often respond by getting a bond to secure a defendant’s release if the defendant cannot afford the cash bail.
Bail Bonds and Cosigners
To make an educated decision about whether or not to bail someone out of jail, it is important to understand the concepts of cosigners and collateral. Generally, a Bondsman in Bartow will charge a fee in exchange for their promise to the court that a defendant will appear at trial. However, bondsmen may also require the person who obtained the bond or a cosigner to promise to pay the bondsmen the full amount of the bond if the bondsmen are required to pay because a defendant failed to appear (FTA).
While bondsmen may allow a cosigner with good credit to simply promise to indemnify them for the bond, bondsmen many also require collateral, such as an interest in real property, land, cash, CDs, stocks, or bonds. If the defendant is FTA, the bondsman can keep the collateral. This means that the cosigner has personal consequences if the defendant does not appear.
Consider the Relationship
Because the consequences for a cosigner can be extreme, the first thing is to consider the relationship between the parties. Spouses, parents, children, and siblings are often asked to bond out family members. Girlfriends and boyfriends may be asked to do the same thing. How permanent is the relationship?
Consider the History
Another thing to think about is the defendant’s history. Does the defendant have a history of breaking promises or evading responsibility? Has the defendant ever previously been FTA?
Can V. Should
However, the decision about whether to bond someone out of jail should not only be about whether it is possible to bond a person out of jail. A great Bondsman in Bartow will encourage people to look at the big picture before bonding out a defendant. Learn more About Zona Long Bails Bonds Bartow.
