Song Criminal Defence
Frequently Asked Questions (FAQs)
Q: What is a Surety?
A surety is an individual that the Accused usually knows that agrees to make sure that the Accused, if released on a Bail Recognizance, follows the conditions and/or rules that are outlined by the Bail Recognizance.
Many a Justice of the Peace colloquially describe sureties as "jailers in the community". A surety will normally make a "pledge" for an amount of money that does not need to be deposited with the Court; whereby, the amount pledge may be forfeited by the Court if the Accused breaks ("breaches") one of the conditions and/or rules outlined in the Bail Recognizance. To a lesser extent, Sureties may actually make a cash deposit with the Court instead of just "pledging" an amount in part to show the Court they are that much more serious about their role. The surety cannot be remunerated ("paid") to be a surety.
Things to Considers Before Becoming a Surety
If you have been asked to be a surety for someone you know, it is best to consult with a lawyer to know your rights and obligations and Song Criminal Defence is more than happy to assist you. In most situations, Duty Counsel at the Courthouse will be the first person to call you informing you that someone you know has been arrested and is being held for a bail hearing. They will then indicate that your name had been mentioned by the Accused as a potential surety. Sureties have a wide variety of experiences, both good and/or bad when acting as a surety. Careful consideration is needed to determine if you are able to act as a surety to fulfill your obligations to the Court. You will also have to consider if you have a spare room in your home to house the Accused as a "residential surety" may be required. A residential surety involves the same obligations as a surety except you will be required to house and/or live with the Accused. Your personal relationship with the Accused is something to carefully consider as becoming the Accused's surety may create strife in the existing relationship. Depending on the Bail Recognizance conditions, your interaction with the Accused may be sparse to very frequent. Therefore, determining whether or not an Accused will listen and follow your directions is another consideration you have to take into account. As mentioned above, a monetary pledge or an actual deposit may be required in part to keep the surety accountable. Questions asked in the Court will involve what your current assets are, if you own a residential property, what the mortgage and equity in that property is, etc. in an attempt to see if you have the ability to pay the amount pledged in the event of a breach. It should be noted here that, more often than not, even with breaches by the Accused, the Crown Attorney may or may not seek payment of the amount pledged as it is within the Crown Attorney's discretion to pursue such actions.
Responsibilities of a Surety
As mentioned before, if an Accused is released on a Bail Recognizance, they will be given conditions and/or rules to follow as a part of this release. Many of the responsibilities of a surety involves making sure these conditions are followed. The responsibilities of a surety are, but are not limited to, the following:
- The Bail Recognizance will indicate the Accused person must attend court when required to. A surety must ensure that the Accused person, or their representative, attends Court on the prescribed date, time, and place. In other words, the surety has to make sure the Accused doesn't skip town or disappear off the face of the earth.
- The Bail Recognizance will usually state several conditions and/or rules the Accused must follow. The following are some examples:
- No direct or indirect communication by any means with a victim or complainant: The surety has to ensure that the Accused doesn't speak with the victim or complainant either in person, by phone, email, text message, etc. The bail plan may involve checking the Accused's phone frequently or making sure the Accused isn't passing messages to the victim and/or complainant through other individuals.
- Non-attendance at certain specified locations: The surety must ensure the Accused doesn't show up at a victim or complainant's place or residence, business, education, worship, or any other place the complainant and/or victim is known to be or frequent.
- The Bail Recognizance may order the Accused to not possess any weapons or apply or have licences to possess weapons as described by the Criminal Code of Canada.
- The Bail Recognizance may stipulate a curfew time or require the Accused not to consume alcohol, or any other condition that can be proffered to address concerns the Court may have in releasing the Accused. The surety is responsible for making sure the Accused follows the rules.
How to Stop Being a Surety
But wait? What if I, the surety, is in over my head? What happens if the Accused will not listen to what a surety tells them to do? What happens if a surety thinks the Accused is going to break ("breach") one of the bail conditions?
Sureties are not required to give a reason when they ask the Court to end their obligations as a surety. In order for a surety to end their obligations as a surety, they can do the following things:
- The surety can bring the Accused to Court on a date the Accused is scheduled to appear in Court and ask the Court to be relieved of their duties and obligations as a surety. At this point, the Accused would be placed into custody to commence the bail process once more. The surety's duties and obligations remain with the surety until the Court informs them that their duties and obligations are extinguished.
- The surety can call the police to inform them that they wish to stop being a surety for the Accused. The police will attend or ask the surety and the Accused to attend the police station to have the Accused placed in custody and brought before the Court to commence the bail process once more. The duties and obligations of a surety remain in force until the Accused is placed in custody.
- The surety can bring the Accused to Court with another proposed surety and ask the Court to relieve them of their duties and obligations. The Court will vet the suitability of the new surety and if approved, the new surety will take over said duties and obligations without the Accused being placed in custody once more. The surety's duties and obligations remain in force until the new surety is approved by the Court and a new Bail Recognizance is signed by the new surety and the Accused.
Please give us a call at (647) 778-0031 as we are more than happy to speak to you about becoming a surety or any other questions you may have. There's no charge or obligation to hire when you reach out to us. You can also reach out to us by email at elliot@songcriminaldefence.com if that's more convenient for you.