If a close friend or loved one has been arrested, your first reaction may be to do whatever it takes to secure their release from jail. In many cases, doing so will mean agreeing to cosign a bond with a licensed bonding company to secure the defendant’s release. As cosigner – or indemnitor – of their bond, you ultimately take on the responsibility for making sure they make their court appearances and comply with all the conditions of their release.
Once that person is out on bond, however, you may find yourself regretting your decision to cosign the bond. If the defendant starts talking about fleeing, begins using drugs in violation of their bond agreement, or begins to otherwise act in a way that makes you uneasy, you may start to worry that you’re going to end up on the hook for their entire bail amount.
Fair Warning: It May Not Be Possible to Remove Yourself as a Cosigner
We’re going to say this right up front: you may not be able to remove yourself as a cosigner. A bail bond is a legal contract, and most bonding companies will not release someone from their responsibilities unless the defendant is in custody at a law enforcement facility.
That’s why it is essential when someone contacts you to be the cosigner for their bond that you:
- Honestly and truthfully evaluate their trustworthiness. If the person asking you to sign for them isn’t someone you can totally trust, or if they have a history of flaky behavior, politely decline to sign their bond.
- Read the bonding agreement very carefully, and make sure you understand both your rights and your responsibilities as a cosigner. If you have questions, make sure the bonding agent answers them fully and that you understand the answers before you sign.
- Have an honest conversation with the defendant. Explain precisely what you expect from them as their cosigner. Make sure they understand that any failure to comply will severely impact your personal finances and that you will not tolerate any actions that could lead to a bond forfeiture.
If you are unsure about the defendant’s future behavior, it’s far easier to refuse to be their cosigner than to have your name removed from a bond.
Your Responsibilities as a Cosigner
The cosigner is responsible for making sure that the defendant meets the conditions of the bond agreement and makes scheduled court appearances. If the defendant fails to meet these obligations, the cosigner could be required to forfeit the entire bail amount.
What Circumstances Allow Someone to Remove Themselves as Cosigner?
Ultimately, the decision is entirely in the hands of the bonding company that wrote the bond in the first place.
If the defendant is arrested for ANY REASON, you can request that the bonding company remove you from the bond. You should also know that your removal as cosigner will terminate the bond. If you are petitioning to be removed from a bond, it’s vital that you cooperate with the bonding company
Also, note that the bonding company who wrote the initial bond may refuse to write a new bond for a defendant who’s already shown themselves to be a risk.
How to Remove Yourself as the Cosigner on a Bond
Your first step in getting yourself removed as a cosigner on a bond is to contact the bail bonding company and let them know at which law enforcement facility the defendant is in custody.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.