Implications of acting as surety for bail

sakura55

Hello, I am in a bit of a predicament at the moment and am finding it very difficult to get straight answers out of anyone I ask and thought someone here might have some experience on the subject because I really don't.

A family member (on my husband's side) has gotten arrested. It's pretty serious but he has been granted bail and my husband and I have been asked if we would act as surety by the family. I don't have doubts around him not turning up for court and have no issue with the money being tied up until he gets sentenced (there is no doubt that he will go to jail for this) but since the funds are in both our names we both need to be in court.

Basically my issue is that i really don't want to have my name associated with this. If I act as surety does this go into the public domain, is there any kind of data protection around it? I mean if I go looking for a mortgage a year down the line, could this show up when the bank do a credit check? Or a prospective employer? Or could our names potentially be published in some local paper?

I want to help him out to get out for a few weeks to straightened out his things and make arrangements for his kids before he starts his sentence but I really don't want to end up getting associated with this outside of the court proceedings.

Thanks in advance...

Jo King

sakura55 wrote: »

I want to help him out to get out for a few weeks to straightened out his things and make arrangements for his kids before he starts his sentence but I really don't want to end up getting associated with this outside of the court proceedings.

Thanks in advance...

The hearing will be in public. Sureties have to get into the witness box and show they understand what they are doing. The press are entitled to attend. It is unusual for the names of sureties to be published but there is no guarantee.

Carawaystick

Is interest paid on the monies lodged? or what happens the cash in the court?

sakura55

I highly doubt there is any interest paid on the money lodged, I have been told they will only take part of it in cash (1/3 minimum) and the rest will stay in our account but obviously we won't be able to touch it until this is over and done with.

coylemj

OP, it's highly unlikely that you will be named in any press coverage. In the UK there was a list of celebrities who went bail for Julian Assange - the Wikileaks man, they got named (Jemima Kahn etc.) in the papers because they were well known people. Relatives of the accused stumping up bail is business as usual and typically wouldn't merit a line any mention in the papers.

Beano

sakura55 wrote: »

I highly doubt there is any interest paid on the money lodged, I have been told they will only take part of it in cash (1/3 minimum) and the rest will stay in our account but obviously we won't be able to touch it until this is over and done with.

I have no idea of the situation in Ireland but in the US they do pay interest on bail money. They have the use of your money for the duration so why not. Its not as if they just stuff it in a box until the end of your trial. I speak from experience.