Wichita Bail Bonds Blog

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How Do I Get Out Of A Bail Bond?

How Do I Get Out Of A Bail Bond

If you want to stop being responsible for a bail bond, you must follow formal legal steps. You cannot simply walk away. Co-signers, indemnitors, and bondsmen have specific rights and duties. The court and the bonding company control when your liability ends. Acting quickly and lawfully protects your money and limits future risk.

Immediate steps – contact the bail bondsman

Call the bondsman who issued the bond right away. Explain that you want to withdraw as an indemnitor or remove your financial responsibility. The bondsman will tell you what paperwork is required and whether the company will accept a surrender of the defendant. Keep records of all communications in writing.

Understand surrender of the defendant – how liability ends

The most common way to remove yourself is to have the bondsman surrender the defendant to the court. Surrender means the bondsman notifies the court and arranges for the defendant to be taken back into custody. Once the court accepts the surrender, the indemnitor is typically released from future liability for the bond. The surrender process must follow court rules and bonding statutes.

Steps the bondsman will take

  • File a written surrender or motion with the court.
  • Notify law enforcement to take the defendant into custody.
  • Attend a court hearing if required by local rules.
  • Obtain a court order that discharges the surety and indemnitor from further obligation.

What you should provide

  • Written request to withdraw as indemnitor.
  • Relevant bond paperwork and receipts.
  • Any evidence of noncompliance by the defendant that supports surrender.
  • Identification and collateral release forms if appropriate.

When the court may refuse to exonerate the bond

The court may deny surrender or delay exoneration until a hearing. If the bondsman or the court believes the defendant will flee, the judge can require the full bail amount or other conditions before releasing the indemnitor from liability. If the defendant has already forfeited the bond by failing to appear, you may still owe the full bail.

Alternatives to surrender – transfer or substitution

You can ask the court to substitute another surety or to transfer the bond to a new indemnitor. The judge must approve any substitution. Lenders or family members sometimes replace an indemnitor with another able party. This process also requires court filings and the bonding company’s agreement.

After the case – bond clearing and collateral

If the defendant appears at all hearings and the case concludes, the court will clear the bond. At that point, collateral should be returned, and your liability ends. Make sure to get written confirmation from the court and the bondsman that you are released from any obligation.

Final advice – get legal help

Bond law varies by state and by court. Consult a criminal defense attorney if questions arise or if the bondsman resists surrender. An attorney will file motions, attend hearings, and protect your financial interests. Acting promptly and following legal procedures gives you the best chance to avoid being responsible for a bail bond.

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