The Responsibilities Of An Illinois Bail Bond Contract Co-Signer

August 19, 2017

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Judge's gavelIn Illinois, the law prohibits commercial bail bond agencies to approach defendants and offer to post their bail. The law only allows the defendant to have a third party surety, such as a family member or a friend who trusts them, to post the amount on their behalf. The bonding office may require co-signers to refer to government agencies that require a 10% premium paid to post a full bail for the temporary freedom of the suspect.

The surety now becomes a bail bond co-signer with several responsibilities to fulfill, with ensuring the presence of the accused covered by the posted amount as a paramount task to avoid the forfeiture of their 10% full bond down payment.

Not everyone can be a bail bond co-signer. In Illinois, a bail bond co-signer must be a legal citizen of the country, and he or she must have lived long-term in the country.

As bonds are expensive engagements, the bonding office or bond officiating authority would heavily consider the co- signer’s credit score. Co- signers must have a steady stream of income and a good line of credit with financing institutions.

The latter is their proof of their capability to address the bail in full in case the defendant proves uncooperative with the future case hearings.

Collateral Is Considered

The presiding judge for the case would earlier meet the defendant and the surety before the bail hearing. The judge would consider the financial capabilities of both the defendant and the co-signer, which includes their properties and other assets of value.

The judge will then declare items the defending party can use as collateral against the bail the judge would impose. Often, this would include vehicles, properties, businesses and in some cases other valuable items either party owns.

Personal Attitude of Co-Signer

Illinois bonding authorities and judges look for reliability in a co-signer. While their financial capability and occupation represents almost half of their particular aspects, the attitude of a co-signer — one that is cooperative and the court and respective agencies find easy to work with — is critical.

Co-signer occupational consistency is also important; bonding authorities approve of a co-signer with a stable job quickly because of the personal reliability and self-discipline the co-signer has exhibited in his or her job. According to Bakersfield Bail bonds – bails that are co-signed are the best, because of low failure/bail skip rate.

Can Impose Requirements Against Defendants

gavel on top of law bookBefore the co-signer signs the contract acting as an Indemnitor post-signage, the co-signer could impose several requirements before the agreement’s signing. The co-signer could request that he or she would only sign the contract as Indemnitor only if the defendant would undertake rehabilitation, counseling and attend to certain responsibilities that they may specify before the signing of the contract.

After the signing, an Indemnitor who feels the defendant may try to abscond or evade their court hearing have the right to communicate the accused’s intent to the bonding authorities. Indemnitors are allowed to withdraw all their collateral for the defendant’s bail once the latter is re-arrested and brought to their hearing.

Immense Risk

Another bail bonds company (Rancho Cucamonga Bail Bonds) that I’ve spoken to says co-singing carries a lot of risk. Even if you are signing a bail bond contract on behalf of a family member or a close friend, never sign out of emotion or imposition of personal responsibility. Co-signing a bond is a huge responsibility, and if this family member or close friend is likely to be a repeat criminal charged with the same case, your investment in the bond is effectively an enormous loss.

For most co-signers, money is easier to lose, but collateral in the form of properties and other valuable items could be a deal-breaker, making bail bond co-signing decisions indeed a difficult task to undertake.