When someone close to you gets arrested, you probably hate the idea of that person languishing in a jail cell until the case goes to court. Fortunately, the Minnesota legal system allows individuals to post bail as an assurance that they will appear at their trial. However, this action usually requires the assistance of a co-signer.
Before you agree to co-sign someone's bail bond, you need to understand some crucial points about how this process works, what it involves, and what you stand to lose if the individual you posted bail for doesn't meet the court's obligation to appear. Take a look at some common questions and answers about co-signing a bail bond.
Minnesota law gives every arrested individual the constitutional right to post bail now that the state has banished the death penalty. However, the court needs some assurance that the individual won't simply disappear before the court date, fail to check in with the court as prescribed, or commit infractions while awaiting trial.
The bond you co-sign helps to guarantee that the individual posting bail will appear in court on the scheduled date. As co-signer, you agree to repay the defendant's bail if the defendant fails to appear for a court hearing. You also certify that you will vouch for the information the individual submits to the court.
The law places no restrictions on the nature of a bail bond co-signer's relationship with a defendant. It does require that you can show proof of income from a steady job. You may also need to submit to a credit check to ensure that you have the resources to pay the entire bond if necessary.
Co-signers, defendants, and bail bonds agents all sign the bail bond application. At the same time, you will sign a promissory note that officially makes you financially liable for any bail violation. You'll also sign an indemnity agreement that goes into detail on everyone's responsibilities and requirements up to the court date.
The terms of the promissory note include your obligation to pay a premium to the bail bonds agent. This premium typically represents at least 10 percent of the total bond amount set by the court. Since this payment counts as a service fee to the bail bonds agent, you won't get it back after the defendant appears in court.
Even after you've completed all these steps, you still have work to do as a bail bond co-signer. Pay particular attention to the hearing schedule and trial appearance dates. The responsibility for seeing that the defendant makes all these appearances ultimately falls on you as part of the bail bond terms and regulations.
Your financial obligation as co-signer ends once the person you co-signed for meets all the court's pre-trial requirements. These requirements may include submitting all requested documentation, making all scheduled appearances at pre-trial hearings, not committing crimes, and completing the trial.
If the individual you posted bail for fails to appear in hearings or at the trial, the court will hold you responsible for making good on the unpaid bail amount. You will then have to pay the entire bail amount or hand over the assets you put up as collateral.
Fortunately, you won't necessarily have to pay this large chunk of money in a lump sum. Your bail bonds agent may allow you to set up an installment plan in which you pay a predetermined amount each month until you've settled your debt. You'll want to inquire about this option in advance.
No matter how much you care about the person you want to help, you should think carefully before entering into a bail bond co-signer agreement, just as you would before making yourself liable for any other loan. Start by reviewing every detail of the role's obligations, processes, and responsibilities with your bail bonds agent.
You must also scrutinize the individual in question as honestly as possible, regardless of your relationship or personal feelings. Ask yourself whether this person shows enough reliability and strength of character to appear as instructed and protect your investment. If the answers don't inspire confidence, rethink your plans.
An arrest can prove traumatic, not just for the person detained but also for loved ones who wish to help. Absolute Bail Bonds can serve as your trusted Minneapolis bail bonds agent service when you need to co-sign a bail bond for a friend, colleague, or family member.
Contact us today to learn more and engage our services.