As a co-signer, you're on the hook financially if the defendant skips bail. This liability can include the total bail amount, recovery fees, and court costs. If you used property or other assets as collateral, these could be seized to cover the forfeited bail.
However, in certain legal circumstances, the cosigner may face jail time. For example, in a case where the co-signer helped to facilitate the defendant's flight, provided false contact information, or in any way assisted the defendant in evading prosecution.
In California, the law allows co-signers to take their name off your bond and withdraw from the bail bond agreement. Unfortunately, this action can have severe consequences, which we discuss below. Co-signers may take their name off your bond for various reasons.
In California, a bail bondsman typically has six months to find and return the defendant. If the defendant is not found in the timeframe, you will be responsible for paying not only the full amount of the bond, but also any additional expenses and any unpaid premiums.
If a defendant cannot afford bail, then at the arraignment or any hearing while still incarcerated the defendant can request a bail reduction or release without bail. That must be supported with evidence that the defendant is unlikely to reoffend or to flee.
If you can't afford bail, you will remain in jail until your court date, which can range from weeks for minor offenses to months or even years for serious charges. The timeline largely depends on the complexity of the case, the court's schedule, and whether there are any delays in the legal process.
Bail bond fees are set by the state When bond is set for someone who was arrested in Florida, the amount is not made up. The bond is set based on pre-determined criteria depending on the crime. The criteria can include previous convictions, the likelihood of appearance, and the severity of the crime.
And while some will tell you that you can't remain anonymous, the short answer is actually yes, you can. (But with one major consideration.) The Court is going to need a name and person to return the bond to once the court date has been successfully completed.
The court considers the seriousness of the crime, potential penalty, and criminal history in determining the bond length. If the individual has a history of violating the law, the bond length could extend beyond the usual 90 days.