When someone you care about gets arrested, watching them sit in a jail cell waiting for a court date is a difficult thing to accept. Louisiana law allows defendants to post bail to secure their release before trial. In most cases, a co-signer is required to make it happen.
Co-signing a bail bond is a serious commitment, and it pays to understand what it means before you agree to take it on. Below are answers to some of the most common questions people have about the co-signing process.
Bail Bond Co-Signer FAQ
Courts need a layer of accountability to help make sure the defendant shows up for their scheduled hearings and follows all pre-trial requirements. A co-signed bond serves as that assurance.
As the co-signer, you take on responsibility for the defendant’s compliance, and you agree to cover the bail amount if they fail to appear. You also vouch for the accuracy of any information the defendant provides to the court.
A co-signer should have a steady job and a good credit score. A steady job shows reliability and the ability to cover potential costs. A good credit score indicates to lenders that the co-signer is trustworthy and can cover the debt if the primary borrower defaults. The court will verify the co-signer’s financial status by requesting proof of their credit cards, paychecks, and payment history. There are some other requirements that can vary by state (see below).
The co-signer, the defendant, and the bail bond agent all sign the bail bond application together. You will also sign a promissory note, making you financially liable for any bail violations. This is along with an indemnity agreement that spells out the obligations and responsibilities of all parties leading up to the court date.
Part of the promissory note includes paying a premium to the bail bond agent. In Louisiana, the standard rate is 12%. This fee is a non-refundable service charge paid directly to the agent.
Your responsibilities do not end once the paperwork is signed. As a co-signer, keeping track of all court dates, hearing schedules, and making sure the defendant appears as required falls on you throughout the duration of the bond.
Your financial liability as a co-signer ends when the defendant fulfills all pre-trial obligations. These obligations typically include submitting required documentation, attending all hearings, avoiding new criminal activity, and completing the trial process.
If the defendant fails to appear, the court will look to you to cover the outstanding bail amount. You may be required to pay the full amount or surrender any collateral you put up. Depending on the bail bond company, an installment plan may be available to help manage that obligation over time. It is worth asking about this option upfront.
Regardless of your relationship with the defendant, co-signing deserves the same careful thought you would give to taking on any significant financial obligation. Start by reviewing all the responsibilities and terms with your bail bond agent, so you have a clear picture of what you are agreeing to.
Take an honest look at the person you plan to help. Ask yourself whether they have shown the reliability and character needed to follow through on their court obligations. If that question gives you pause, it may be worth reconsidering.
Collateral used in bail bond agreements can include real estate, a vehicle, cash, or other assets of value. This gives the bail bond company a financial guarantee in the event the defendant does not comply. Collateral is typically pledged through a surety bond filed with the court.
Yes. Before signing, co-signers have the right to request specific conditions be attached to the bond, such as requiring the defendant to complete a drug treatment program or undergo a mental health evaluation.
Co-signers have the right to withdraw a bond if they become concerned that the defendant will not appear in court. Once you contact the bondsman with that request, the bondsman will arrange for the defendant to be taken back into custody.
Co-signers must be U.S. citizens or legal residents to qualify.
Additional requirements generally include being at least 18 years old, having a solid credit history, maintaining stable employment, residing in the same area for a set period of time, and presenting valid government-issued identification such as a driver’s license or passport.
Key Points for Co-Signers
- Eligibility requirements apply. Requirements vary by state, but generally, you must demonstrate sufficient income, creditworthiness, stable employment, a verifiable identity, and a clear relationship with the defendant.
- Co-signing leads to the defendant’s release. Once the bond is in place, the defendant is released from custody pending their court proceedings.
- Court appearances are your responsibility. As a co-signer, it is your responsibility to ensure that the defendant attends all scheduled hearings and meets bond conditions.
- You can request conditions. Co-signers may ask the bail bond company to attach specific requirements to the bond, such as participation in a treatment program or a mental health evaluation.
- You have the right to revoke. If the defendant’s behavior becomes a concern, such as involvement in additional criminal activity, you can request that the bail bond company cancel the bond and return the defendant to custody.
- You can report non-compliance. If the defendant flees or refuses to appear, you can inform the bail bond company of their location so steps can be taken to return them to jail.
Co-signing a bail bond is a meaningful financial and personal commitment. Knowing what the process entails and what you are responsible for provides the information needed to make a sound decision.
About Affordabail
AffordaBail is a locally owned bail bond company serving multiple parishes across Louisiana. With over 30 years of experience, AffordaBail has helped countless families and individuals get their loved ones home quickly during some of the most stressful moments of their lives. We are available around the clock, and we approach every client with respect and dignity. An arrest does not define a person, and our belief in innocent until proven guilty shapes the way we work with everyone who comes to us for help.
Our team processes all bond payments securely and works efficiently to complete paperwork as fast as possible, because we know time in custody matters. We offer the lowest rates allowed by law, along with flexible payment plans to help make the process more manageable. To learn more or get started, call or text us at any time, or fill out our online form.
