What's a Surety?
A surety is someone who agrees to supervise an accused person while they've been released into the community on bail while waiting for their criminal charges to be resolved in court. Usually, a surety will be a friend or relative.
Caution: It is against the law to accept payment for being a surety.
What Are The Qualifications for a Surety
A surety must:
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Be over the age of 18.
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Be able to attend court to sign the bail agreement.
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Be a Canadian citizen or a landed immigrant.
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Not be involved in the offence the person has been charged with.
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Mot have any outstanding criminal charges.
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Be able to monitor the accused to make sure they are complying with conditions of release.
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Be willing to report a breach of the bail agreement if one occurs.
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Have some financial asset(s) available to pledge to the court as. security.
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Not act as a surety for more than one person at a time.
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Not have a criminal record.
What are the Responsibilities of my Surety?
A surety must:
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Make sure you go to court when required.
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Make sure you follow all bail conditions.
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Call the police if you fail to follow any of the bail conditions you've agreed to.
How Much Money Will My Surety Have to Pledge?
Your surety will have to pledge to pay money to the court. This money is formally known as the 'Quantum of the Bail' and could be forfeited to the court if you fail to follow the conditions of your bail. The amount of money promised must be a significant amount to your surety. The court will want to confirm this is the case by examining the surety's bank statements and other financial records.
Who Decides How Much My Surety Will Have to Pay?
Your lawyer or the duty counsel will tell the court the amount you're able to promise. However, the justice of the peace or judge at the bail hearing will decide the security amount.
What Happens if My Surety Changes Their Mind?
Your surety can decide they no longer want to be involved with your case by applying to the court in writing and asking to be removed as surety. When the court accepts this request a surety warrant will be issued for you, and you will be arrested and put back into custody.
How An Experienced Bail Lawyer Can Help
An experienced bail lawyer can help manage your Surety's expectations and concerns. Since sureties are almost always close friends or relatives, your lawyer can work with your surety to make sure they are comfortable with the undertaking.
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We represent clients at the Ontario Court of Justice and the Superior Court of Justice throughout Ontario.
TESTIMONIALS
Check out a sample of our recent cases:
Case: R. v. K.I.
Charges: Conspiracy to commit an indictable offence, where the indictable offences include:
1) Robbery with a Firearm
2) Disguise with Intent
3) Point Firearm
4) Threaten Death
5) Possession of a Weapon
6) Possession of Property Obtained by Crime
7) Unauthorized Possession of Firearm
8) Possession of a Prohibited Firearm with Ammunition
9) Possess Firearm Obtained By Crime
10) Careless use of a firearm
11) Possession of Property Obtained by Crime
Result: Released on Bail
* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
Case: R. v. F.J.
Charge:
1) Impaired Driving
2) Two (2) Counts of Possession of Proceeds of Crime
3) Failure to Comply with a Release Order for an earlier Impaired Driving Charge
Result: After a Bail Review, our lawyer secured F.J.’s release from custody!
"F.J. was denied bail when represented at his original bail by a different lawyer. F.J. was facing charges of DUI and failure to comply with a release order made in relation to and possession of proceeds of crime (2) and failure to comply with an earlier release order made when F.J. was charged with impaired driving."
- F.J.
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