We understand the responsibility involved in acting as a surety. Our team offers clear guidance to help you confidently fulfill your role and support the release of your loved one.
Surety in Criminal Law
Our criminal defence practice provides clear, hands-on guidance to individuals acting as sureties in bail hearings. We help you understand your legal responsibilities, what the court expects from you, and how to effectively supervise the accused. This includes:
- preparing you to testify,
- explaining your financial obligations, and
- ensuring you’re equipped to support compliance with bail conditions.
Whether you’re a family member or close friend, we’ll make sure you’re confident and prepared to help secure release and maintain accountability.
What is a Surety?
A surety is a person who acts as a guarantee for an accused person’s appearance in court during a bail hearing in Toronto. When an accused person is arrested and charged with a criminal offence, they may be held in custody until their bail hearing. At the bail hearing, the accused may be released on bail, which is a sum of money that must be paid to secure their release from custody.
Responsibilities of a Surety
The surety is responsible for the accused person’s actions and must inform the court if the accused person fails to comply with the conditions of their release. If the accused person fails to attend court or violates any other conditions of their release, the surety may be required to pay the full amount of the bail bond.
Criteria for Being a Surety
It is important to note that the surety must meet certain criteria in order to be approved by the court. The surety must be:
- a Canadian citizen or permanent resident,
- have a stable residence and employment, and
- have no criminal record.
They must also be willing to attend court if the accused person fails to attend.
When deciding whether to approve a surety, the court will consider factors such as the accused person’s ties to the community, the severity of the offence, and the accused person’s prior criminal record.
Popular questions about being a surety
If you’ve been asked to act as a surety, contact us today for a free consultation. We’ll walk you through the process and help you prepare to support your loved one’s release with confidence.
What is a surety?
What are the responsibilities of a surety?
Can I stop being a surety after bail is granted?
How can a lawyer help a surety?
Schedule your free consultation today!
Our team will answer your questions and talk you through potential next steps.