Yes. If you bail someone out of jail in Texas, you do take on certain responsibilities as the indemnitor or co-signer of the bail bond. Here are the key responsibilities you should be aware of:
Financial Responsibility
The primary responsibility is financial. When you bail someone out, you must typically pay a percentage of the total bail amount as a non-refundable fee to the bail bond company. This is usually around 10% of the total bail amount. You may also need to provide collateral to secure the full bail amount.If the defendant fails to appear in court, you could be liable for the full bail amount.
For example, if the bail was set at $10,000 and you paid a $1,000 fee, you could be responsible for paying the remaining $9,000 if the defendant skips court.
Guaranteeing Court Appearances
As the indemnitor, you guarantee the defendant appears at all required court dates. This means:
- Keeping track of court dates
- Reminding the defendant of upcoming appearances
- Potentially arranging transportation to court if needed
If the defendant misses a court date, you should contact the bail bond company immediately to discuss options and potentially avoid having the full bail amount due.
Maintaining Contact
You’re expected to maintain contact with both the defendant and the bail bond company. This includes:
- Knowing the defendant’s whereabouts
- Informing the bail bond company of any changes in the defendant’s address or contact information
- Notifying the bail bond company if you lose contact with the defendant
Potential Additional Costs
If the defendant fails to appear and a warrant is issued, you may be responsible for additional costs such as:
- Fees for locating and apprehending the defendant
- Court costs associated with the failure to appear
- Any damages incurred while recovering the defendant
Legal Implications
While you’re not criminally liable for the defendant’s charges, you could face civil liability if you fail to meet your obligations as an indemnitor.
Before Bailing Someone Out
Before agreeing to bail someone out, carefully consider:
- How well you know the person
- Their reliability and likelihood of appearing in court
- Your own financial situation and ability to cover potential costs
- The person’s criminal history and current charges
Bailing someone out of jail is a significant responsibility. If you have any doubts about the defendant’s reliability or your ability to meet these obligations, it may be best to reconsider. It’s always best to consult with a local attorney familiar with Texas bail laws for specific legal advice regarding your situation.