By: Matthew Kayser
The arrest of a family member often leaves relatives with mixed emotions. More often than not, the pressure to make immediate decisions can be overwhelming. However, reacting quickly can expose cosigners to significant financial obligations, court compliance requirements, and release conditions that some may not be able to prepare for properly.
If you are working with a bail bond company in Delaware for the first time, understanding what happens after your loved one is released from custody is just as important as securing the release itself.
The Difference Between Release and Case Resolution
The American Bar Association indicates that bail is often weighed by many factors, including the risk of the defendant fleeing, the type of crime alleged, and the defendant’s “dangerousness” and threat to the community.
The primary differences between release and case resolution are as follows:
Release is the temporary freedom granted before a trial, usually upon paying bail or agreeing to certain conditions.
Case resolution, meanwhile, occurs after the final disposition, at which point the case is fully resolved through a plea bargain, dismissal, or a verdict.
What Financial Responsibility Means
When someone is arrested, and you are asked to become a bail bond co-signer, this decision can help your family member return home quickly. However, it does come with serious responsibilities.
As a cosigner, you take legal responsibility for the defendant’s bail bond. By signing, you are promising that the defendant will not only appear in court, but will follow all conditions of the release.
If the defendant skips court, you could face the full bail amount, which could be a large financial debt, and even include the seizure of properties or assets as collateral.
What Families Should Ask Before Moving Forward
Before you sign for someone’s bail, you should consider the implications that doing so brings and ask several serious questions.
The first thing to understand is that the legal process does not stop once someone leaves custody. For this reason, you should ask questions such as:
- What is the total amount required for release?
- Are there court dates already scheduled?
- What restrictions are attached to the defendant’s release?
By understanding the implications of release, you can fully comprehend what your financial obligations are during the release of the defendant, and even what happens if court appearances are missed.
Preparation Is Key During a Legal Emergency
While families should understand that their family member’s well-being is important, they should also consider the financial implications that could occur should your loved one miss a court date, leave town, or fail to follow any of their release conditions.
You should only co-sign if you trust the defendant to appear in court, and read every line of the bail bond contract to ensure that you understand the responsibilities. You should also ask the bail bond agent about your rights should something occur.
FAQ
1. What should a family member know before helping someone get released?
The cost of bailing someone out should be fully understood before cosigning for someone from jail. Release often comes with certain conditions, such as appearing before the court.
2. Does release from jail mean the case is over?
Release from jail does not mean the case is over. It simply means you are free to remain out of jail until a trial and a verdict are reached.
3. Can a family member become financially responsible for someone else’s missed court date?
A family member can be financially responsible for someone’s court date, and could even have their assets seized if your loved one fails to appear before the court.
Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Bail procedures and laws may vary by jurisdiction, and it is important to consult with a qualified attorney or bail bond professional to fully understand your rights and obligations before cosigning a bail bond.
