CARRYING THE SECURITY IS AN IMPORTANT RESPONSIBILITY
The surety agrees to be responsible for a person charged with a criminal offense. Serve as a deposit is a serious commitment. Here are some tips before accepting this responsibility:
- Ask a lawyer to make sure you understand what you are doing.
- Do not accept bail if you are unsure of being able to supervise the accused in the community.
- If the defendant does not comply with the terms of the court order made against him, you risk losing the money you have pledged as collateral.
- Your liability as a guarantor is engaged until the case is closed. In some cases, it can be long.
The law prohibits sureties from accepting remuneration or being reimbursed for performing this role.
Responsibilities of the surety
- Ensure the accused appears in court at the specified time and dates.
- Ensure that the accused complies with all the conditions of the bail order, also known as an undertaking.
- Conditions may require the accused to report to the police or be subject to a curfew. They may also prohibit him from possessing weapons, drinking alcohol and / or communicating directly or indirectly with the victim or the victim’s family. In the latter case, you will also not be able, as a surety, to communicate with the victim or the family of the victim on behalf of the accused.
- If you are accepted as a surety, you will need to sign an undertaking that you agree to pay a particular amount if the defendant violates the court order.
Qualifications of the surety
- The judge or justice of the peace will decide whether you are fit to bail you. The qualifications of the surety vary according to the allegations or charges against the accused.
- The judge will inquire about your financial situation, your reputation and your background.
- You may have to testify in court and cross-examine your qualifications.
Terminate your obligations as a surety
- It may happen that you no longer wish, or can no longer supervise, the accused. In this case, you have the choice between two possibilities. You can :
- either present you in person with the accused in court and ask to be relieved of your responsibilities,
- or you can go to court and ask him in writing to be relieved of your responsibilities. The court will then make an arrest order against the accused.
- If you think your safety is threatened by the accused, do not try to bring him or her to court. Once an order is made, the police can arrest the accused and your obligations end.
Failure to obey court order
- If the accused does not appear in court or violates one of the conditions of his bail order, he may be charged with a new criminal offense.
- If the accused is found guilty of contravening the court order, the Crown may ask the court to order you to pay the amount you have pledged as a surety. A new hearing will then be scheduled. You and the accused will be notified by notice of at least ten days of the date and location of the hearing.
- This hearing is called confiscation. You can explain why you think you should not lose your money.
- The judge may order you to pay all or part of the bond, or you may be exonerated entirely.
- Know that lawsuits can be brought against you to recover the amount owed.
Amounts in cash
- In some cases, the court may ask the defendant to make a cash deposit, in addition to the amount the surety has committed to pay.
- If the accused, or the surety on his behalf, has made a cash deposit and the matter is closed, the money is returned to the accused, but not to the person who has surety .