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The purpose of bail is to assure the attendance of the defendant when his or her appearance is required in court. The bond is in the nature of a contract between the state or municipality on one side and the defendant and bail bond company on the other. The agreement is that the state or municipality will release the defendant from custody and thereby transfer custody to the bail bond company. The bail bond company in turn will assure the appearance of the defendant in court at a specified time and place to answer the charge made against him or her. If the defendant fails to appear in court, the bail bond company is liable to the state or municipality for the full amount of the bond.
Likewise, when the bail bond company is contracted to post bond for a defendant, a co-signer is required to indemnify and secure the bond against financial loss to the bail bond company. By signing a contract, the co-signer is agreeing to be responsible for making sure the defendant appears in court on all appointed dates and times involving the case.
Once final judgment is passed on the defendant and the case is disposed of, the bail bond company is relieved of all liability to the state or municipality. This in turn will relieve the co-signer and defendant from all liability to the bail bond company.
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Purpose of Bail