Pre-trial release and posting bail are two ways that defendants are released from custody before their criminal trials, but the procedures are different. Posting bail in Upper Marlboro involves a financial commitment from the defendant’s representative, while pre-trial release does not.
Pre-trial release involves releasing a defendant without the need for a bond or any other type of financial arrangement. There are a number of conditions placed on the defendant with pre-trial release, and if those conditions are violated, the defendant has to return to jail. With a bail bond, the defendant is released in exchange for a financial guarantee that he or she will show up for his or her court dates. Failing to do so will result in the bail being revoked and the defendant returning to jail. Conditions for bail and pre-trial release vary depending on the type of charge and the criminal history of the defendant.
The decision to arrange for a bail bond for a loved one who has been arrested is not something to take lightly. If the person for whom you are posting bail does not show up for a court date, you could be responsible for the entire amount of the bail or could lose any property you used as collateral. If you are concerned about the defendant showing up for court and regret your decision to sign for a bail bond in Upper Marlboro , you may wonder what your rights are to revoke your agreement. Here is what you need to know.
Bail bonds: Who is who?
There are multiple parties involved in a bail bond agreement. The defendant is the person who has been charged with a crime. The bail bond agent is the representative of the bond company who makes the agreement with the court to be financially responsible if the defendant does not show up for a court date. The bail bond agent has an agreement with an insurance company that will pay the court if the defendant skips a court date. The indemnitor—sometimes called the co-signer—is the person who enters into an agreement with the bail bond agent on behalf of the defendant. While the bail bond’s insurance policy pays the court if a defendant does not go to court, the indemnitor will be held responsible for paying the full amount of the bail to the bail company in the event that the defendant misses a trial date. The indemnitor is also financially responsible for paying the bail bond company’s fees for the bond, regardless of any side agreement the indemnitor may have with the defendant to be reimbursed.
How can an indemnitor revoke a bail bond?
If your agreement with the bail bond agent allows it, you can revoke your agreement and withdraw your responsibility for the bail bond. You can do so if you believe the defendant plans to skip a court date or is not following the conditions of the bail. If you want to revoke a bond, contact the agent as soon as possible. The agent will inform the court, and the defendant will be detained until he or she can arrange bail by another means. There may be fees associated with revoking a bond, which the agent will explain to you.