Bail is a set amount of money that acts as insurance between the court and the person accused of a crime. If the accused can post bail, they are allowed to go free until their court dates. For many, posting the full amount of bail can be challenging.
That’s where bail bonds come into play.
When you bail someone out of jail in Colorado, you take full responsibility for the defendant to show up in court.
What a Bail Bond Co-Signer Agrees To?
What is a bail bondsman responsible for?
A bail bond is a type of bond provided by a bail bond company through a bail agent or bondsman that secures the release of the defendant from jail. Essentially, it’s a way to borrow the bail money with the bail bond company vouching for the defendant.
You could have a family member or friend get a bail bond from a bail bondsman. This is a third-party lender who agrees to put up the total bail amount that the court is asking for, in exchange for some sort of collateral from the individual seeking the bond.
Why Bail Amounts Differ in Colorado?
The amount set for bail depends on the severity of the crime. While some guidelines for bail do exist, they differ from state to state and even county to county, but generally rely on the judge’s own discretion.
If you are in fact considered a flight risk, meaning the court has reason to believe you may try to flee the country, or if you are considered a serious violent threat to others, a court may flat-out deny bail, or simply dramatically increase the amount.
The Financial Responsibility of a Bail Bond Co-Signer
If the defendant does not appear in court, you will not be held criminally responsible, but you will be required to pay the full amount of the bail as well as any other related expenses. There are also legal consequences.
If the defendant runs away or doesn’t meet court obligations, the bail bond company can take legal action against you. You might be sued to recover the bail money.
Collateral, a Co-Signer May Have to Put Up
Collateral is anything of value used to secure a loan or ensure the performance of a contract. In the context of bail bonds, collateral is the assets provided by the defendant or their supporters to the bail bond company. Collateral can come in many forms, including real estate, houses, land, or other types of property, vehicles, cars, boats, or motorcycles, valuables, jewelry, art or electronics, investments, stocks, or bonds.
The bail bond company holds onto the collateral until the defendant fulfills their court obligations. If the defendant fails to appear, the company can legally take ownership of the collateral.
Property Bonds and Liens
Sometimes, a court may accept a property bond to post your bail. This means the court would obtain a lien, or legal claim, on your property in the amount of the bail. Then, if you don’t show up for your trial, the court can foreclose on your property and sell it to recover the bail amount.
The Personal Side of Co-Signing a Bail Bond
Plus, cosigning can cause tension or damage your relationship with your family. If things go wrong, feelings can get hurt and trust can break down. Emotionally, it can be very stressful. Worrying about whether your family member will show up in court, combined with the financial risk, can weigh heavily on you.
Some people choose to post bail and then flee the local area, or even the nation they live in, leaving loved ones or a bail bondsman to pick up the very expensive bail tab.
How to Protect Yourself as a Bail Bond Co-Signer in Colorado
To avoid these problems, only cosign if you truly trust the person to follow through. Read the bail bond contract carefully so you understand all the terms. Keep in touch with your family members to remind them of court dates.
That said, if you’re considering bailing someone out of jail and you have reason to believe that they may not show up for court, save yourself the headache and do not bail them out.
Frequently Asked Questions
What does a bail bond co-signer in Colorado agree to?
When you bail someone out of jail, you take full responsibility for the defendant to show up in court.
What happens if the defendant does not appear in court?
You will be required to pay the full amount of the bail as well as any other related expenses.
What can be used as collateral for a bail bond?
As collateral for a bail bond, you can use real estate, houses, land, or other types of property; vehicles, cars, boats, or motorcycles; or valuables, jewelry, art, or electronics.
Can a bail bond company sue a cosigner?
The bail bond company can take legal action against you. You might be sued to recover the bail money.
How can a bail bond co-signer reduce the risk?
Only cosign if you truly trust the person to follow through. Read the bail bond contract carefully so you understand all the terms.
Co-Signing a Bail Bond in Colorado
Posting bail is meant to be a way to reduce the financial and other burdens placed on an individual’s life while they await, and even as they go through a trial.
Because legal systems are based on assuming innocence until proven guilty, bail is a humane way of allowing an individual to continue living a normal life during the course of a trial.
Ask the bail bond agent about your rights and responsibilities.
