BY | February 1, 2024

When arrested for a crime in California, bail bonds are often the best way to secure your release from custody. Before posting bail, though, it’s important to understand every possible outcome. Knowing what happens when a bond is surrendered is immensely important.

Whether you’re a defendant or a cosigner arranging a bail bond on behalf of a loved one, understanding what happens when a bond is surrendered will allow you to enter the process with confidence and clarity. 

Bond Surrender Explained

When a bail bond runs smoothly, the bondsman pays the bail amount to the courts while the defendant or cosigner pays a non-refundable 10% premium for this service. The defendant then attends court hearings as requested until the trial. Following the trial’s completion, the bail amount is returned to the bondsman and the agreement between the defendant, cosigner, and bonds company ends. 

So, what does bond surrender mean? 

Bond surrender occurs when someone decides that they no longer wish to be responsible for the defendant’s bail. The bond could be surrendered by the bondsman or the cosigner, and this usually happens because they are worried that the defendant will fail to satisfy their bail conditions. Other reasons may include;

• You were added as a cosigner without your knowledge,
• The accused has not kept to the payments as agreed,
• The accused has engaged in illegal activities or put you in danger,
• Following the release from custody, the defendant can arrange their own bail.

Understanding The Process Of Bond Surrendering

As well as understanding what is a bond surrender, cosigners looking to remove their financial and legal obligations also need to know how to surrender a bond. The process remains the same for no collateral bail bonds, as well as all other types. It is as follows;

• Call the bail bonds agent.
• Tell them that you intend to remove yourself as a cosigner.
• Wait for them to call the courts and inform them about the situation.

It is that easy. Alternatively, when the bail bondsman wishes to surrender the bond, they will contact the courts directly and remove themselves from the agreement. 

Understanding Bond Surrender Charges

Before surrendering a bond, it’s also necessary to ask “What is a bond surrender charge?” and understand what it means for you. 

A bond surrender charge is essentially a one-off fee that the courts impose to cover costs associated with the process of surrendering the bond, such as administrative fees and any expenses faced in bringing the defendant back to the court. 

While there is no set figure to cover the bond surrender charge, the obligation falls onto the shoulders of the indemnitor, although bail bondsmen will pay the courts on your behalf. Most indemnitors can expect to pay a few hundred dollars to free themselves from the obligation. Of course, this can significantly increase if the defendant jumps bail or does not cooperate with returning to custody. 

Implications Of Surrendering A Bond 

As an indemnitor, you are protected by the law. However, it’s important to understand the implications of surrendering a bail bond for your loved one. Following the bond surrender, the following will happen;

• The defendant will be required to complete a voluntary return to custody.
• If they fail to do this, the courts will put out a warrant for re-arrest.
• Should they fail to cooperate, they may face extra charges.
• They may potentially be exempt from posting bail through other methods.

Of course, it should be noted that the defendant will have probably tried to take care of matters in their personal and professional life. A return to custody could cause further problems for their relationships, finances, and career.  

Given that the accused party is a loved one, you must take the implications of surrendering a bond from their perspective into account. However, it’s equally important to consider your situation as an indemnitor. 

Benefits And Risks Of Bond Surrender (For Cosigners)

When agreeing to be the cosigner on a bail bond, you may have acted a little rashly due to the urgent nature of wishing to get your loved one out of jail. Now that you’ve had time to reflect and consider “What is a bond surrender?”, it is something worth considering. After all, you wouldn’t have looked for potential exit strategies if you were 100% happy with the situation.

Before making a decision, then, it’s important to look at the full picture when thinking about what happens when a bond is surrendered. From your perspective, there are pros and cons to consider. The most vital features are detailed below:

Bond Surrender Pros 

• You remove the threat of financial losses caused by a defendant’s failure to meet their bail requirements.
• Similarly, you’ll gain peace of mind from knowing that you’re free from financial burdens.
• You won’t have to keep an eye on the defendant or potentially bring them back to custody should they break bail terms.

Bond Surrender Cons

• You will be required to pay the bond surrender charge, which is a non-refundable expense.
• There is a chance that your loved one will be angry or feel that you have abandoned them in a time of need.
• The fact that your loved one will return to custody could potentially impact your life and reputation.

So, Is Bond Surrender The Right Choice?

Ultimately, there is no single right or wrong answer. Bond surrendering will put the defendant in a difficult situation, unless they are ready to arrange their own bail bond, and could result in their re-arrest.

However, if you feel uncomfortable with remaining as a cosigner, it’s important to prioritize your needs. While you will need to accept the bond surrender charge, as well as the potential implications for your relationship with the defendant, you cannot put a price on your peace of mind. It may also save you from huge financial losses.

It may be possible to help your loved one find an alternative solution. If you are currently the cosigner on a bail bond and wish to discuss bond surrender and the subsequent steps, get in touch today.