As a surety, you are responsible for ensuring that the accused attends court as required until the case is over. You can withdraw from being a surety at any time. Essentially, you enforce the will of the court with respect to the accused ensuring he or she obeys their conditions of release while they are not in custody. If you suspect or witness the
accused person breaching his or her conditions of release you are to contact your local Police Division immediately and report the accused. Failure to do so could result in a forfeiture of any money that you pledge to the court in a separate proceeding known as an ESTREAT hearing, where you will be called upon to explain why you failed as a surety. In more serious cases more than one surety will be required to address the court’s concerns regarding a release of an accused.
Who will not be accepted as a Surety?
As indicated, this is a very critical step in the criminal process. The price you pay will depend on the charge, and the preparation for the hearing will be an involved process requiring you to meet with your lawyer at least once before proceeding. It is incumbent upon your lawyer to ensure that this process is done correctly the first time. Therefore we will not accept the following as suitable sureties:
•A person with a criminal record with a recent entry (under 5 years).
•A person that has any crimes of dishonesty, such as fraud or perjury.
•Co-accused on the same charge or a different charge.
•A person under 18 years old.
•A person who is already surety for another person.
•A non-resident of the province.
•The alleged victim of the accused.
•A person who has made a statement to the police regarding the facts relating to which the accused is currently charged.
If none of the above applies to you, please complete the following form and make arrangements with our office as soon as possible so that we can be of assistance. SURETY FORM