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.
Typically, a cosigner can withdraw from a bail bond by demonstrating to the court or bail bond company that they no longer wish to be responsible. This process may involve legal proceedings and requires cooperation from the bail bond company and sometimes the defendant.
A bail bond is exonerated when the legal process/trial has finished. It does not matter whether the defendant is found guilty/innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premium, fees or other amounts charged by the bail service provider are still owed.
In order to have your name removed from the mortgage bond, you would need to either, formally have the mortgage bond cancelled, or apply to have your partner substitute you as the debtor, which means he/she will be fully liable for the mortgage bond.
First, contact your bail bond agency to see if you can withdraw. Then, fill out the paperwork and make sure you meet all legal requirements. This will officially end the agreement.
Typically, a cosigner can withdraw from a bail bond by demonstrating to the court or bail bond company that they no longer wish to be responsible. This process may involve legal proceedings and requires cooperation from the bail bond company and sometimes the defendant.
The main repercussion for the defendant when a co-signer takes their name off a bond is re-arrest. However, guarantors also put themselves in a perilous position. Sometimes taking a name off is possible, but it isn't if the defendant broke any bail terms.
You may be liable if the defendant commits a crime or breaks their bail conditions after release. Fortunately, California law permits some circumstances where you can take your name off the bail bond.
The decision to post bail for someone should not be taken lightly. Financially, you risk losing the bail amount or collateral if the defendant fails to appear in court. Legally, the defendant's absence can lead to arrest warrants and additional charges, complicating their legal situation further.