Guelph Criminal Defence Lawyer Perrin Valli can help if your friend or loved one has been charged by the Guelph police or the Wellington County OPP and is in custody pending a bail hearing before the Guelph criminal courts.

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Sometimes, the bail court will require, as a condition of an accused person’s release on bail, that a friend or family member of the accused act as “surety”. Often a bail order requires an accused person to follow a series of rules, commonly referred to as “bail conditions”. A surety supervises the accused person to ensure that the accused is following the bail conditions. As part of his or her responsibilities as a surety, the surety must immediately report to police any violation of the bail conditions by the accused. In this way, a surety’s involvement in a bail plan is meant to increase the likelihood that the accused will comply with the rules of his or her bail order and ensure that if there is a breach, that the police are notified and the accused quick arrested and taken back into custody.

As part of the responsibilities of being a surety, the bail Justice often imposes a “penal sum” - an amount of money to be paid into court should the accused break the rules of the bail order. An amount of money is payable by both the accused and the surety should the accused break the rules of the bail order. The penal sum will be payable by the surety upon a breach of the bail conditions even if the surety has supervised the accused to the best of his or her ability and even if the surety has reported to police the breach of the bail conditions. The amount of the penal sum imposed on a surety will vary depending on the gravity of the allegations and on the level of income and personal financial circumstances of the surety. The process through which a surety will be ordered to pay the penal sum is called an “estreatment” process and proceeds separately from the accused’s criminal matter.

Sometimes, as a condition of a bail order, the accused will be required to live with his or her surety. In those circumstances, the surety is often called a “residential surety”. Sometimes the bail Court will permit the accused person to live separately from his or her surety. In those circumstances, the surety is often called a “non-residential surety.

Once approved by the bail court to be a surety, the surety can then apply to the Court to be removed as surety for any reason. This is called a “surety revocation”. In some instances, a surety revocation can proceed as a switch, where 1 surety is removed and replaced with a new surety. In other instances, there is no new surety to be proposed. In that circumstance, the accused is to be taken back into custody to await a new bail hearing.

How do I become a surety?

There is a formal process to become a surety. If the bail court determines that the circumstances of a case require the involvement of a surety, the bail court will seek to assess the suitability of any potential sureties. Most often, this assessment occurs in the midst of the initial bail hearing. As a result, it is best to propose yourself as a potential surety prior to the bail hearing. Most importantly, you should consult with a lawyer prior to offering to become a surety to ensure that you understand all that is involved and at stake.

If you think you might be willing to be a surety, you can commence the process by contacting the lawyer representing the accused person.

Most often, to consider you as a potential surety, the bail court will require you to complete a sworn declaration called a “Surety Declaration”. Click here to download a copy of the surety declaration form in use at the Guelph bail court as of the date of this blog.

After confirming your identity and date of birth, the court will have a check conducted to determine if you have a criminal record and if so, what that record includes.

Often a bail court Justice will require a potential surety to formally testify and to answer a series of questions aimed at determining whether the potential surety understands the role and responsibilities of a surety and whether the potential surety agrees to take on those responsibilities. A bail court Justice may also seek to learn about the nature and strength of the relationship between the potential surety and the accused and whether and on what basis the potential surety has confidence that the accused will follow the bail conditions under the supervision of the potential surety.

Can I be a surety if I have a criminal record?

Maybe. Depending on what charge(s) you were convicted of and how recently, a criminal record may not prevent a bail court Justice from deeming you an appropriate or suitable surety. Recent convictions for crimes of dishonesty such as fraud, obstruction of justice, or theft will likely pose a significant barrier to you acting as a surety.

Reach out to the lawyer for the accused person in your case to find out if your criminal record is likely to disqualify you as a potential surety.

A dated criminal record can sometimes be seen as an asset by a bail court Justice. A potential surety who has been through the criminal justice system and has successfully rehabilitated him or herself may have knowledge and experience that enhances his or her ability to help an accused person follow a similar path of rehabilitation while on bail. In this way, a potential surety with a dated criminal record may be well suited to act as a surety.