The period after a loved one has been arrested is always stressful and confusing. The chances are that you will post bail by yourself or through a bail bond agency to get them out of jail quickly. You might not take time to think about the responsibilities accompanying a cosigner amid all the confusion and stress.
Once the dust settles, you will likely come to terms with your new responsibilities as a cosigner. When that happens, you might want to surrender the bail bond. But how can you revoke a bail bond in California? Today’s guide will discuss the steps you should follow to cancel a bond agreement.
Who are the Important Parties in a Bail Bond Agreement?
Before posting bail for yourself or a loved one, it is essential to understand how the bail bond process works and the key people involved in these agreements. A bail bond is an agreement that guarantees that a defendant will appear for all court hearings. The defendant can return to work and their loved ones without posting the entire bail amount.
Various people are involved in a bail bond agreement, including:
The defendant – The person who has been arrested for an alleged crime
The judge – The judge sets the bail amount based on the nature of the crime, criminal history, and the bail schedule
The indemnitor – The person who pays the bail bond premium on behalf of the defendant. It can be a loved one or a friend
Bail bond agent – An individual or company that posts the entire bail amount to secure the release of a defendant
When you become an indemnitor, you will assume various responsibilities. For instance, you will become financially and legally responsible for ensuring the defendant attends all court hearings and fulfills other court-mandated obligations. In addition, you will become financially responsible for the entire bond amount and penalties should the defendant fail to attend all court appearances.
Why Revoke a Bond Agreement?
When a loved one is arrested, you will try to get them out of jail quickly. This includes posting bail for them. While it’s noble, posting bail for a loved one comes with various financial and legal responsibilities. In most cases, this involves putting down collateral to guarantee the entire bail bond amount should your loved one fail to attend all court hearings or fulfill any court-mandated obligation. As a result, it is essential to have your best interest at heart before or after posting bail.
If you begin to feel uncomfortable for any reason, don’t hesitate to revoke the bond agreement before it’s too late. Some of the reasons why you may wish to cancel a bond agreement include:
You suspect that the defendant might commit another crime
The defendant is stubborn and does not want to attend court hearings
You have discovered new details about the case and don’t want to be involved
You are no longer on good terms with the defendant
You are worried that you might lose the collateral
You are stressed constantly due to the financial and legal responsibility
You have discovered that the defendant plans to flee
How Can You Revoke a Bond in California?
Deciding to revoke a bond is never an easy decision. On the one hand, you are worried that a loved one might return to jail. However, it’s a decision you want to make to protect your finances. If you are ready to revoke a bond, there are a few steps you should follow.
Firstly, notify the defendant that you are about to cancel the bond agreement. Let them know why you have made that decision. Also, let them know you are ready to help them stay out of jail. You can also work together with them to build a strong defense.
If you don’t want to face the defendant, there is a way out for you. You can still revoke the bond agreement without involving them. You only need to follow these steps:
Let the bail bond company know that you wish to revoke the bail bond agreement
The bail bond agency will inform the courts of your intentions
Advice the courts on where they can find the defendants so that they can be arrested
Note that bail bond companies can use other additional means to find the defendant before it’s too late to avoid financial losses. Usually, bail bond agents hire a bounty hunter to arrest the defendant as quickly as possible. This means that you might incur additional expenses. Fortunately, you can avoid such costs by making the process seamless. You can only revoke the bond after the defendant is back in custody.
What Happens to a Defendant After a Bond is Revoked?
Immediately inform the bail bond company of your decision to revoke the bond agreement, and the defendant will be arrested and taken back into custody. Once in custody, they will have to restart the pretrial process. In California, defendants have a right to trial within 30 days.
Defendants can also choose to post bail on their own. Alternatively, they can choose to remain in custody until their trial. They may also choose to get another cosigner and bail bond agent to post bail for them. Sometimes, their charges might be dropped after new developments.
How Else Are Bail Bonds Revoked?
Apart from cosigners, the courts and bail bond companies can also decide to revoke a bail bond agreement if the defendant engages in illegal activities or shows signs that they are a high flight risk. In addition, authorities may withdraw the bail bond if the defendant fails to wear their GPS tracker.
If the court or bail bond company decides to revoke the bail bond agreement, it can free you from liability as a cosigner. This might prove vital when you don’t want to revoke the bail bond agreement yourself.
What Else Can a Cosigner Do to Protect Themselves?
To protect yourself from any financial and legal liabilities, we highly recommend that you follow these steps:
✅ Ask the defendant to create a repayment plan to compensate you
✅ Keep in touch with the defendant to monitor them
✅ Advice the defendant not to leave California even if they are allowed to do so
✅ Advice the defendant to wear their GPS tracker at all times
✅ Advice the defendant to avoid illegal activities
✅ Meet with the defendant to solve any underlying issue
✅ Make sure the defendant shows up to all court hearings
Posting bail for a loved one might seem overwhelming and tedious. Although you are trying to help them, you must always put your interests in mind. Working with a trusted bail bond company can make the process easier. Call Golden Boy Bail Bonds to find the best solution for all parties involved in the bond agreement.