bailor | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Criminal Law

In the criminal law context, a bailor is a person who posts bail on behalf of a defendant.

In the criminal law context, a bailor is an individual who posts bail on behalf of a defendant, ensuring their release from custody while awaiting trial or other court proceedings. Bail is typically a sum of money or collateral that is deposited with the court, with the understanding that it will be forfeited if the defendant fails to appear in court as required.

The bailor assumes responsibility for the defendant’s appearance in court and the financial risk associated with the bail deposit. If the defendant does not show up for their court date, the bailor may be required to pay the full amount of the bail to the court.

Bailors may be friends or family members of the defendant, or they may be professional bail bond agents who charge a fee for their services. In exchange for the fee, the bail bond agent typically posts the full amount of the bail, taking on the financial risk associated with the defendant’s appearance in court.

Bailors have a legal obligation to ensure that the defendant complies with the conditions of their release, such as appearing in court as required and complying with any restrictions placed on their activities or movements. If the defendant violates these conditions, the bailor may be held liable for the full amount of the bail deposit.

Bailors may also have other responsibilities related to the bail process. For example, they may need to provide the court with personal information and financial statements to demonstrate their ability to cover the cost of the bail deposit. They may also be required to sign a contract with the court or the bail bond agent that outlines the terms and conditions of the bail.

In addition to their legal responsibilities, bailors may also have a personal relationship with the defendant that affects their decision to post bail. For example, a family member may post bail to prevent the defendant from remaining in custody, while a bail bond agent may view the bail as a financial investment.

[ Glossary ]

Last Modified: 05/04/2023

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