Cosigning Bail: Rules, Requirements and Risks

If a loved one or friend gets arrested in Jefferson County or Denver County and comes to you for help securing a bail bond the natural reaction is to agree without giving it a second thought. After all, whether they are family or friend, you've probably known them forever and not stepping up to the plate in their time of need is simply unthinkable. Or is it?"

The fact is there are some important things to consider before you pick up the phone and call the bail bond company. That's because when you cosign someone's bail bond you're not just supplying a signature, you're agreeing to take responsibility for that person while they are out on bail awaiting their day in court. And while it's likely everything will go smoothly, it's also possible things could go sideways in a hurry.

With that in mind, and in the interest of enabling you to make an informed decision, the team here at Tayler Made present this guide to the potential downside of cosigning a bail bond.

Who Can Cosign a Bail Bond?

Not everyone can be a bail bond co-signer. In Colorado a potential cosigner must meet the following five qualifications:

• They must be at least 18 years of age.
• They must be able to prove they know the defendant.
• They must have some kind of official identification (driver's license, passport).
• They must be able to prove they are financially able to reimburse the bail bond agent for the full cost of the bond if need be.
• Some bail companies may require a cosigner to live in the same state as the defendant.

For very large bonds the bondsman may insist on more than one cosigner in order to ensure that they will get their money back should the defendant flee or otherwise forfeit their bond.

The Basic Rules of Cosigning

Review these essential "do's" and "don'ts" before cosigning a bail bond agreement.

Warning Signs That Should Dissuade You From Cosigning

Before agreeing to cosign a bail agreement, ask yourself the following questions about the defendent:

• Are you being pressured into cosigning by the friend or loved one that's been arrested? If so, you should decline to cosign.
• Is the current arrest just the latest example of reckless behavior on the part of your loved one or friend you should decline to cosign.
• Does this particular person only contact you when they need favors or help? If so, you may want to decline.

It's important to try and distinguish between the kind of behavior we described above and the kind of behavior that sometimes arises when a person is stressed out over an arrest. If a person was not a little stressed out they wouldn't be normal, and you may be exposed to the side effects of that stress during the early part of the process. In such cases, however, the person will usually calm down and return to their normal selves in relatively short order. Persistent abusive or bullying behavior is another story altogether and should not be tolerated.

Can a Cosigner Remove Themselves From a Bail Bond?

In some instances, the cosigner may decide that they want to remove their name from the bail bond contract. The bad news is that removing yourself from a bond contract after the fact is never easy. The good news is that it may be possible, with an emphasis on "may".

If one or more of the following conditions are met you may be able to remove your name from the bail bond contract.

• You discover your name was added to the bail contract without your knowledge or consent.
• The person you signed for fails to appear in court or misses mandatory drug treatment sessions.
• The person you cosigned for has threatened you or others with violence.
• The person you cosigned for is engaging in criminal activity while out on bail.
• You have good reason to believe the defendant will ultimately flee or otherwise fail to live up to the conditions of their release.

If one or more of the above conditions is present and you want to remove your name from the bail contract you must call the bail bond company that issued the bond and tell them you want out. They will likely ask for some type of proof to back up your claims, as well as a notarized form stating that you wish to have your name removed from the bail agreement. If the bail agent agrees you have a case they will request that the court remove your name from the bond.

The Implications of Removing Your Name from a Bail Contract

Having your name removed from a bail contract is not something that should be done on a whim. It will have potentially serious consequences both for you and the accused.

• The most obvious ramification of removing your name from the bond is that the accused will be re-arrested and returned to jail to await their day in court.
• If the accused has not yet been released when you decide to remove your name from the bond they will languish in jail until they can arrange someone else to cosign their bail for them.
• Even if you are successful in removing your name from the bail contract you may end up being responsible for some of the cost of the bond.
• It is likely that removing your name from the bond of a loved one or friend will do long-term damage to the relationship. Of course, if the relationship was already shaky or non-existent then this is not such a big consideration.

The Bottom Line

The decision to cosign a bail bond contract is not always as straightforward as it might seem. There are a lot of things to consider and some potentially unpleasant ramifications in store should things go sideways after you have signed. If you have any doubts about whether you should cosign another person's bail bond contract we urge you to call the pros at Tayler Made Bail Bonds at 303-623-0399 and discuss the situation with a member of our team.

And if you or someone you know is in need of 24-hour bail bonds in Lakewood, Golden or Denver remember we're here for you with round-the-clock service.