Learning that your friend or loved one is arrested in Palm Springs can be overwhelming. Receiving that call to inform you that your loved one is in custody is news many people dread, and it can be much more worrying if you are not conversant with what comes next after the arrest.
Securing your loved one's release as quickly as possible is likely your intent. This may entail having the loved one be set free on bail. Posting bail for the arrestee can be straightforward when you contract a reliable Palm Springs bail bonds service.
However, there is another thing you must know. You might have to play a significant role in enabling your friend or loved one to secure bail. Apart from contacting a bond service to request a bond, you will likely be required to be an indemnitor. You may be wondering what a bail bond indemnitor is and what you must do should you decide to become one for the accused. Well, if you are, we have all the answers in this blog.
What Is an Indemnitor?
As far as bail bonds are concerned, an indemnitor is a person who cosigns a bail contract to secure another person's bail release. Essentially, becoming an indemnitor places you as a guarantor. In this case, you are agreeing to pledge that the accused will stick to the bail terms and conditions. That means you are in charge of ensuring they adhere to these terms. If they do not, you can be subject to consequences.
If your friend or family member is placed behind bars and you wish to secure their release as fast as possible, you may wonder whether the ideal way to help them is by being their indemnitor.
Undoubtedly, you and the defendant would like to speed up the jail release process, but it is critical to comprehend what becoming an indemnitor will mean for you first.
Indemnitor Responsibilities
As a bond indemnitor, you assume several key responsibilities that you must understand. Understanding your responsibilities is critical as it will help you know what the law expects you to do when you take the indemnitor role.
Sign a Bail Contract
As an indemnitor, one of your responsibilities is to sign a bail contract that will permit your loved one to be released from custody. Once you sign the bond indemnitor contract, you take on lawful liability for the accused until they complete all court-related proceedings and their case is resolved.
Ensure the Accused Attends Court
Ensuring the accused attends court whenever required is among the enormous indemnitor responsibilities. Accused persons only secure a bail release on one primary condition—they will appear in court whenever needed. As an indemnitor, it is up to you to ensure the defendant shows up and does not go back on their bail agreement.
Ensure the Accused Follows Bail Conditions
Before the judge agrees to release an accused person on bail, they may impose various bail conditions against them. The conditions could include restrictions on contacting certain people and traveling to particular areas and prohibitions on driving with any detectable alcohol amount. As an indemnitor, your responsibility is to see that the defendant sticks to the terms of their bail release.
The Financial Responsibility of an Indemnitor
Financial responsibility is among the most significant commitments you will take on as an indemnitor. Therefore, if the defendant fails to appear on a set court date, your financial liability as an indemnitor may be enforced. That means you may have to repay the bail amount, which can impact your financial situation. You might have to put up collateral (your vehicle title, house, or another valuable possession) to obtain the accused person's release, which will now face forfeiture.
Of course, once the accused person makes all court appearances and complies with any related financial obligations, your collateral will be returned to you. If the accused does not make all court appearances, you may lose your collateral since the bonds company would sell it to reimburse the court for the entire bond amount.
Additionally, if the defendant jumps bail and the Palm Springs bail bond company you contracted cannot track them down, your monetary responsibility will become more severe. The Palm Springs bail bonds company you contracted might hire a bounty hunter or investigator to find the defendant. The company will require you to pay for these services, and if they do not locate the accused person, you might be ordered to pay the entire bail amount.
That said, you should know and trust the individual for whom you are acting as an indemnitor since you can be subject to severe repercussions if they fail to make court appearances. Should you decide to be an indemnitor, ensure you are not risking anything you cannot live without in case things go wrong.
Most Palm Spring bail bond cases work out perfectly since those signing the indemnitor agreement are close friends or relatives of the accused person who have 100% confidence in their trustworthiness.
Qualifications to Become an Indemnitor
Even though you might have consented to be an indemnitor, you must also be qualified enough to take the role. Before the court agrees to a bail release for your friend or family member, with you as their safety indemnitor, you must tick a few boxes first.
The Palm Springs bail bonds company you approach will likely need to assess you before it can give you the indemnitor role. You might have to answer some questions to demonstrate you are fit for the indemnitor role. The questions might ask you to give information regarding your assets and financial situation.
Additionally, you may be required to state the kind of relationship you and the defendant have. Lastly, the company may also assess your credit. The financial questions and a credit check are critical. After all, you will be taking up financial responsibility for the accused person and their obligation to comply with all their bail conditions.
Indemnitor Responsibility in the Palm Springs Bail Bond Process
Upon receiving the dreaded news from your friend or loved one informing you they are in custody, you will likely be ready to do everything possible to secure their release. If you wish to be an indemnitor for the accused, you will be involved in the bond process from when it starts.
Your first stage of involvement is determining whether the defendant will be released on bail. Judges grant bail in many cases. Nevertheless, the bail amount needed and the conditions may vary based on various factors, for example, the defendant's crime and where it occurred. After you have known the judge will grant your friend or family member bail, start arranging for jail release.
Many people opt for a Palm Springs bail bonds service when securing their loved one's release. Having a bond company helps secure your loved one's release and makes things easier. The company can handle much of the bail and release process for you. It will post a bond to the court or jail holding the accused and arrange their release. However, before it does this, it will probably require someone to be an indemnitor, which mandates you to cosign for the bail contract.
You must monitor the defendant closely after you have signed to validate your indemnitor role. Monitoring entails ensuring they make all court appearances as required. You will also have to ensure they adhere to the bail conditions imposed against them. It is vital to take your indemnitor role seriously. Being one may have severe financial repercussions for you; thus, always ensure you are willing to assume the role before agreeing to it.
An Indemnitor Pays for Palm Springs Bail Bond Costs
The exact cost of Palm Springs bail bonds varies depending on the bail value the judge sets. California law requires that all surety bonds cost 10% of the total bail. For example, if the total bail amount is one hundred thousand dollars, the indemnitor must provide ten thousand dollars as the bail bond cost. If the accused faces federal charges, the bail bond cost will go up to 15 percent of the entire bail amount.
The bail bond cost is not refundable. That is because the cost is the bail bondsman service fee for having the defendant released from jail instead of waiting for their trial while locked up. When you think of how much time in custody posting a bond can save, you will see that paying the bail bond cost is worth it.
Apart from paying the bail bond cost, also called the premium, you may also be required to pay any charges the bail bondsman will request before processing the bond, such as the processing fee, administration fee, et cetera.
Indemnitor Rights
When assuming the indemnitor role, it is essential to understand your legal rights. Ensure you read thoroughly through the agreement that the bail bond service provided to you and check that you understand what is expected of you. It is also critical to review the bail terms and conditions the judge has imposed.
Since you are liable for ensuring the accused person attends court and complies with the bail conditions, understanding the contract is the ideal way of ensuring the conditions are followed. Apart from ensuring you fully understand your indemnitor responsibilities, you may also take the chance to learn about your legal rights. Knowing your indemnitor rights will help you safeguard yourself in the role.
Selecting the Ideal Indemnitor
As an accused person, selecting the best indemnitor is critical to ensuring a quick release from custody. Choosing a good indemnitor also ensures you attend court on the correct date and time.
Since your indemnitor will more likely be a family member or friend, understand that this may complicate things. Should you fight with the indemnitor before making court appearances, this may result in complications. Be aware that so much pressure will be put on your friend or family member when they become your indemnitor. Therefore, you must ensure this is a position you are both comfortable with committing to till the end.
How to Protect Yourself in the Indemnitor Position
Even though everybody wishes to do everything possible to support and protect their friends and loved ones, it comes with risks. For example, when you become an indemnitor, you expose yourself to immense pressure.
Being an indemnitor may place your property and money at risk. Additionally, you commit to investing your effort and time in ensuring the accused person adheres to their bail terms. All this is a heavy burden. Thus, agreeing to be an indemnitor only when you are fully aware of what you are doing is essential.
The worst-case scenario of losing your vehicle, house, or money is always possible. Knowing this could happen and assessing the extent to which you trust your loved one to comply with the bail conditions imposed against them is critical. Only you can know if being an indemnitor is an ideal move. Remember, you will need to think about it exceptionally carefully before signing.
What to Look for In an Indemnitor as a Defendant
If you have been arrested and are searching for an indemnitor to co-sign your loan, you want to select a cosigner who can do the job properly, assist you, and always be there for you. Choose a cosigner who meets particular criteria to ensure everything is handled correctly, irrespective of the charges against you.
Checking the indemnitor’s credit history and ensuring their financial situation is stable are critical factors to consider when deciding whether they can pay any money they may owe. The indemnitor’s general level of personal liability and how well they did at their past jobs are also critical factors you must consider, apart from the consequences and responsibilities mentioned above, before they can sign anything.
Find a Professional Palm Springs Bail Bond Service Near Me
At Fausto Bail Bonds, we offer large and small Palm Springs bail bonds, including difficult-to-offer ones that other companies cannot provide. We boast an expert team of bail bondsmen ready to serve around the clock. Call us at 855-328-7867 for bail bond assistance today if your loved one has been arrested in Palm Springs.