What Information Is Needed to Post a Bail Bond?

When a family member or friend is arrested, the first call to a bail agent often comes during a stressful and confusing moment. The caller may know very little about the arrest, the charges, the amount of bail, or the options available for securing the defendant’s release.

The bail agent will ask for the defendant’s full legal name and the jail where the defendant is being held. The bail agent will then research the arrest, determine the charges and bond amounts, identify any additional holds or release conditions, and explain all available release options to the caller. This allows the client to understand the situation and decide how to proceed.

Information About the Defendant

Once the client decides to hire the bail agent, information must be collected about the defendant. This includes the defendant’s home address, telephone number, employment information, family contacts, references, and other information relevant to the bond.

Accurate information is important because the bail agent is accepting financial responsibility for the defendant’s appearance in court. The bail agent must be able to remain in contact with the defendant throughout the life of the bond.

The Co-Signer or Indemnitor

A co-signer, also known as an indemnitor, is always required. The indemnitor is the person who hires the bail agent, signs the bail bond agreement, and accepts financial responsibility for the obligations associated with the bond.

The indemnitor must provide valid identification, a current home address, telephone number, employment information, and any other information required to complete the agreement. The indemnitor should know the defendant, understand the defendant’s circumstances, and be willing to help ensure that the defendant appears in court and complies with the bail bond agreement.

Signing as an indemnitor is a serious commitment. The indemnitor is entering into a binding agreement and may be responsible for unpaid premium, expenses associated with locating and returning the defendant, and financial losses resulting from a forfeited bond. Depending upon the bond and the circumstances involved, collateral may also be required.

Before signing, the indemnitor should read the agreement, ask questions, and fully understand the responsibilities being accepted.

Completing the Bail Bond Agreement

The indemnitor will complete and sign the documents required for the bail bond. These documents identify the defendant, explain the financial agreement, describe the responsibilities of the indemnitor, and establish the conditions under which the bail agent agrees to post the bond.

A professional bail agent will explain the documents and answer the client’s questions before the agreement is signed. Once the paperwork has been completed and the financial requirements have been satisfied, the bail agent can prepare and deliver the bond to the appropriate jail or court.

The jail controls the actual release process. The time required for release can vary depending upon the facility, its procedures, staffing, and the number of people being processed.

What the Client Receives

The client receives copies of the bail bonds and the documents connected with the bail bond agreement. These records should be kept in a safe place throughout the life of the case.

The client also receives a court-guideline sheet explaining the who, what, when, and where of the defendant’s obligations while released on bail. This information is vital. It explains who the defendant must contact, what the defendant is required to do, when the defendant must appear or report, and where those obligations must be completed.

Posting a bail bond is only the beginning of the process. The defendant must remain in contact with the bail agent, attend every required court proceeding, and comply with every condition of release. The court-guideline sheet gives the defendant and the indemnitor a clear source of information they can refer to throughout the case.

The Importance of Staying in Contact

Telephone numbers, addresses, and employment information can change while a criminal case is pending. The defendant and the indemnitor must notify the bail agent whenever important contact information changes.

If the defendant is running late, misses court, or experiences a problem involving a court obligation, the bail agent should be contacted immediately. Communication gives the bail agent an opportunity to provide information and explain what steps may need to be taken.