Introduction

If someone generously puts up bail to get you out of jail and then you choose to skip town, the consequences can be severe for both of you. But a particularly crucial question often arises: will the person responsible for your bail be charged with your crime? This article clarifies the legal implications for both the bail poster and the person who bails you out, and provides insight into the legal consequences of missing court appearances.

Can the Bail Poster Be Charged with Your Crime?

No, the bail poster will not be charged with your crime. However, they will face other significant consequences. Here's a breakdown of what typically happens:

The bail poster will lose the bail money they put up. This is because the bond is essentially a loan from the bail bondsman to the accused for their release. If they helped you skip town or if law enforcement believes they facilitated your absence, they might be charged with aiding and abetting or conspiracy.

What If the Defendant Is Not Found Within a Specific Time Frame?

Laws vary by state, but in most places, if the defendant is not found within the designated time frame, the bail poster is responsible for the entire bond amount. This means if the bond is set at $10,000 and the defendant skips town, the bail poster is now on the hook for the full $10,000. This applies even if the poster is no longer responsible for or involved in the defendant's activities.

Does the Bail Poster Get Their Money Back?

Generally, no, the bail poster does not get their money back. Here’s how the typical scenario plays out:

No, but the bail poster will lose the bail money they posted as well as any collateral used to finance the bail.

After the bond is posted, the bail poster or the bail bondsman will retain a percentage of the bond as a fee. This is usually 10% of the total bond amount. So, in the case of a $10,000 bond, the poster might retain $1,000 and the rest is used to finance the release. If the defendant skips town, the poster is responsible for the remaining 90%, or $9,000.

What Are the Prosecutor's Actions?

Even though the bail poster is not charged with the defendant’s crime, the prosecutor will likely pressure them to bring the defendant back into custody. If the bail poster fails to do so and the defendant remains at large, the consequences can be severe:

The bail poster may face legal action to recoup the bond. The poster may be subject to the same collateral requirements applied to the defendant, such as property or personal assets. The bail bondsman may also take the necessary legal actions to secure the bond.

Conclusion

While the bail bond poster won't be charged with your crime, the financial and legal repercussions of your absence can be serious and far-reaching. It's crucial to respect the trust placed in you by the bail poster and show up for each and every court appearance. Ignoring the bond can leave you and the bail poster in a difficult and possibly legal predicament.