If I Bail Out A Friend Or Loved One, How Can I Protect Myself in Case They Don’t Show Up To Court?

In a tough moment, helping a friend or loved one post bail can feel like the right thing to do. You want to help them get out of jail so they can return to their family, job, and everyday life while waiting for their day in court. However, it’s important to understand what you’re agreeing to. If they don’t show up to court, you could face serious consequences.

How does bail work in Texas?

When someone is arrested and charged with a crime, they’re typically taken to jail to await their first court appearance. Depending on the charges and circumstances, the court may set a bail amount. Bail is basically a financial guarantee that the defendant will return to court for their scheduled hearing. If you paid the full bail amount, and they show up to court, your bail money is returned (sometimes minus fees).

If the defendant doesn’t have the money to pay bail, they might turn to a bail bondsman. A bail bondsman typically requires a non-refundable fee – often 10% of the total bail amount – and may also require a co-signer. This is where you may come in.

When you sign a bail bond agreement, you’re promising that your loved one will appear in court. If they don’t, you can be responsible for paying the full bail amount or covering other costs incurred by the bail bondsman.

What are the risks of bailing someone out?

Before you agree to post someone’s bail, you should understand the risks.

• If your loved one skips court, you could lose any money or collateral (like a car title or house deed) that you used to secure the bond
• No matter how close you are to your loved one, money and legal troubles can put a significant strain on your relationship.
• If you don’t pay the bondsman if the defendant skips court, it could lead to legal action against you. The defendant will likely face additional criminal charges as well.

Further, the stress of worrying about whether your loved one will show up in court can take a toll on your mental health. Understanding these risks is the first step in protecting yourself.

How can I protect myself when posting bail?

If you do decide to bail someone out, there are a few ways to reduce your risk and safeguard your finances.

Think carefully about your loved one’s history and character. Do they have a stable job, a home, and strong community ties? Have they been reliable in the past? If they’ve skipped court or had run-ins with the law previously, you might want to reconsider.

Before signing anything, read the bail bond contract carefully. Make sure you understand how much money you’re risking, what happens if the defendant doesn’t show up, and any fees or additional costs involved.

If something isn’t clear, ask the bail bondsman to explain it. You can also consult with the Copperas Cove criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers for advice.

Talk openly with the person you’re bailing out. Make sure they understand how important it is to attend all court dates, and let them know the financial and legal risks you’re taking on their behalf. You might say something like, “I’m willing to help you, but I need your word that you’ll follow through. If you miss court, it’s going to affect me financially and legally.”

Keep track of all court dates and deadlines – don’t rely on your loved one to keep you updated. If necessary, contact their attorney or the court to confirm the schedule.

Consider asking your loved one for collateral. This can provide you with some protection if they don’t show up for court. For example, they may sign over the title to their vehicle or offer another valuable asset.

Finally, check in with your loved one frequently. Make sure they’re aware of upcoming court dates and encourage them to show up. If they seem stressed or overwhelmed, remind them that missing court will only make things worse.

What happens if my loved one doesn’t show up to court?

If your loved one misses their court date, it’s called “failure to appear,” and here’s what happens next.

• The court will likely issue a bench warrant for their arrest.
• As the co-signer, you may be required to pay the full bail amount or cover the bondsman’s costs in locating and arresting the defendant.
• If you used property as collateral, it could be seized to cover the bail amount.
• The bail bondsman might take legal action against you to recover their losses.

How can your Copperas Cove criminal defense attorneys help?

If your loved one misses court – don’t panic. Our criminal defense lawyers can help resolve the situation. Here are some of the steps we can take:

• We might be able to get the warrant recalled by scheduling a new court date.
• We can work with the court to explain any valid reasons for missing the court date, like a medical emergency.
• We can provide guidance on how to minimize financial and legal fallout.

Our attorneys can also provide advice before you agree to post bail, helping you understand your rights and responsibilities.

If you’re considering bailing out a friend or loved one and want to ensure you’re fully protected, don’t navigate this process alone. The dedicated Copperas Cove criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers can help you understand your rights, minimize your risks, and support your loved one in meeting their legal obligations. Contact our office today for compassionate, experienced guidance and the peace of mind you deserve. Call us or fill out our contact form today.