Pretrial bond release almost always involves a surety agreement. Most defendants do not have enough money to post bond with cash out of their pocket on their own. And, if your friend or loved one is in jail, you will probably want the assistance of United Bonding Company (bail bond near me) to get that person out as quickly as possible. Typically, the surety arrangement is a written promise to pay money if things go sideways after release. In other cases, such as serious felonies, you may be requested to encumber property as surety.
In a perfect world, the defendant takes care of the case, there are no hiccups along the way, the judge discharges the surety, and everyone leaves relatively happy and life goes on. However, we do not live in a perfect world. Sometimes, things just go bad.
Tennessee law recognizes this reality, and makes provisions for the bail bondsman or surety to surrender the defendant and be exonerated or the defendant may personally surrender to the officer. This is a provision made specifically for the bondsman who provided the surety bond but does not imply that a cosigner has the right to be removed as a cosigner from a bail bond contract.
Bail Bond Co-Signer Requirements
A Memphis bail bond office such as United Bonding Company, is not a bank or a mortgage company. So, in most cases, the co-signer requirements are not very rigid. When people say that they have certain assets, like a bank account with some money in it, the bail bondsman usually takes them at their word.
But in a serious case, like a murder case, the bond could be hundreds of thousands of dollars or more. In these instances, the bondsman might require collateral, either in the form of cash or real estate to secure the bond.
Surety Bond Revocation in Shelby County and Western Tennessee
Typically, the defendant and secured party (or co-signer) are close friends or even blood relatives. These relationships make for a good foundation for a co-signer. Once a cosigner has signed a legally binding contract, he or she can’t just change their mind and say that they refuse to be responsible for the defendant’s appearance in court anymore. While the bonding company may attempt to surrender a defendant who has not missed court if they have good cause to do so (and whether or not they have good cause is at the court’s discretion), a cosigner cannot dictate or force a bail bond company to surrender a bond.
As a co-signer you are invested in the defendant’s behavior in regard to their appearance for scheduled court dates and any remaining premium that may be due on the bond. If you believe that either of these are in jeopardy, be sure to speak with your bondsman and the defendant, so that everyone has the best opportunity to work together and get things straightened out. Maybe there is a communication or information issue that needs to be cleared up or a transportation issue that needs to be resolved. Usually simple and clear communication with all parties involved will yield a solution.
If you have cosigned a bond and you have legitimate concern, with factual evidence, that the defendant will not show up in court, you should contact the bail bond company. In these instances, the bail bond company may be able to surrender the defendant’s bond before his or her next court date even though he or she has not missed court. Keep in mind that it is at the bonding company’s discretion and, ultimately, the judge’s discretion as to whether or not there is a good reason to surrender a defendant’s bond. As a cosigner, you may be required to come to court to testify at the bond surrender hearing. This is for the purpose of putting proof on to the state that the defendant is a flight risk.
When you contact United Bonding Company, we have experience working with co-signers that take the hassle out of the surety bond process and we work hard to make sure conditions are understood by all parties. Our bondsman do their best to make sure that all arrangements are made quickly for a surety bond that gives you and your family peace of mind and a quick release from jail.
United Bonding Company is a proud members of Tennessee Association of Professional Bail Agents. Their bondsman also provide bail bonds for the Shelby County Juvenile Court.
Call United Bonding Company today at (901) 577-1138
For more information about the bail and bail bonds process or read more at our page https://bailbondmemphis.com/bail-bonds-process/.
*DISCLAIMER**
Please be advised that www.bailbondmemphis.com and United Bonding Company is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice, you are strongly encouraged to consider consulting with a competent attorney in your jurisdiction who can provide you with legal advice on your particular matter given that individual state, county or city laws may vary. www.bailbondmemphis.com provides INFORMATION ONLY and the information provided is for informational purposes only AND IS NOT TO BE CONSTRUED OR SUBSTITUTED FOR LEGAL ADVICE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. No guarantees are made and the use of the website, content, and any information provided is at your own risk.
