BY | February 1, 2024

Agreeing to co-sign your bail bond to secure your release from jail is one of the most incredible things that a loved one could do for you. After all, the thought of sitting in custody until your trial date is quite scary. However, before you get out of jail, you must familiarize yourself with every possible outcome. As such, “What happens if someone takes their name off your bond?” is a pertinent question.

Here at Alana’s Bail Bonds, our experienced bail bondsmen offer a range of flexible bail bonds to help you get out of custody with the help of a cosigner. Here’s all you need to know regarding what happens if someone takes their name off your bond.

Can A Cosigner Revoke A Bond?

In a word, yes. 

When a cosigner agrees to help you get out of jail, they sign a contract that makes them financially liable for your bail bond. This includes both the bail bondsman’s fee and, if you fail to satisfy the terms of bail, the full bail fee. 

If they no longer feel comfortable with this agreement, they do have the right to surrender the bail bond. This is when they revoke their agreement to take financial responsibility and is done by informing the bail bondsman of their desire to take their name off of your bond. It can be done at any stage between your release from custody and the trial date.

The most common reasons why a person may remove their name from the bail bond are;

• They do not trust you to attend all court hearings and meet the other terms of bail.
• Their personal finances are in a bad way and they don’t want the financial exposure.
• You have failed to pay them back as agreed privately between you.
• The relationship between the defendant and the cosigner has been damaged.

What Happens To You If A Cosigner Takes Their Name Off Of The Bail Bond?

If a cosigner removes themselves from the bail bond, your bondsman will subsequently inform the courts that they are no longer financially responsible. Consequently, then, the bail amount is no longer guaranteed and your agreement with the courts is no longer valid. 

As the defendant, you should be aware that this can result in several repercussions. Most notably, the judge will put out a warrant for your re-arrest. This could result in spending up to 60 days (30 for a misdemeanor) in jail until the trial date, although there is often the possibility of renegotiating your bail.

However, the option of posting bail again may be removed if the reason a cosigner revoked is linked to flight risks or breaking bail terms. Other potential repercussions to consider include, but are not limited to;

• Your relationship with the cosigner may become strained due to a lack of trust from both perspectives.
• While the cosigner will be accountable for any expenses linked to your re-arrest, they may expect you to contribute.
• It is possible that you will be hit with further charges for jumping bail or resisting the attempts at re-arrest.

Likewise, it should be noted that the process of revoking the bail bond and subsequently opening a new agreement is a timely process that can delay your re-release from jail. So, even if you do find an alternative solution, it is likely that you’ll have to spend some time in jail while you wait. Even 48 hours, for example, could have significant implications. 

Ultimately, having your bail bond leaves you in a potentially worse position than when you were first arrested. While cosigner options may be limited, it is always best to choose a loved one who you believe will be willing to remain in this position until the trial date.

What Should You Do If A Loved One Revokes The Bond

If a cosigner decides to take their name off of your bond, it makes sense for both parties - as well as the bondsman - to maintain clear communication. While it is an emotionally charged time, working together brings benefits for everyone. Notable features include;

• Defendants will have a chance to put preparations in place so that they can hopefully negotiate their re-release in a smoother fashion.
• Defendants can voluntarily return themselves to custody, preventing repercussions for you as well as the co-signer.
• Additional costs linked to the re-arrest of the defendant can be avoided.
• Judges are more likely to grant a second bail hearing compared to situations where the re-arrest is messy.
• Defendants and cosigners maintain a better chance of staying on positive terms with each other.

What Options Do You Have To Avoid Having A Cosigner Revoke The Bond?

While you have been asking “What happens if someone takes their name off your bond?”, a cosigner who has considered a bail bond surrender has probably asked, “What happens if you take your name off someone's bond?”.

In short, they will have to pay an admin fee to surrender the bail bond. Therefore, it is often in the best interests of both parties to find a way of keeping the bail bond in place. The best way to prevent a cosigner from removing their name from the bond is to show that you will satisfy all bail conditions until your trial date arrives. If it is expected that you will cover the ongoing repayment plan, making timely payments is vital too.

Alternatively, defendants can consider solutions that do not require a cosigner. They include;

• Posting the cash bail fee directly to the courts.
• Using collateral like real estate to cover the full bail amount.
• Taking out online bail bonds with a bondsman who offers non-cosigner options.
• Negotiating an Own Recognizance (OR) agreement with the courts.
• Remaining in custody until the trial arrives.

For most people, the best solution in this instance is to work with a bail bondsman to find an agreement where you won’t have to worry about what happens if someone takes their name off your bond because there won’t be a cosigner in place.

Here at Alana’s Bail Bonds, our experienced and bilingual bondsmen are ready to help you through every step of the process. Contact us now to learn more and get your life back on track.