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Criminal lawyer defines bail and surety requirements

Lawyer explains the process in becoming a surety in Canada

When someone is charged with a criminal offence in Canada, it is the responsibility of the court to decide if the accused will be allowed to await sentencing in or out of jail. In The United States, people who have been charged are allowed to await their trial outside of prison by paying cash, known as 'bail'. A bail hearing is the judicial process where the court decides if a person charged with an offense will be allowed a release from custody.

In Canada, when someone becomes a surety, they are promising on behalf of the accused to assume responsibility if he or she violates the court agreement. This duty comes with a great deal of responsibility, so there is a high chance a person considering becoming a surety will feel scared, nervous, anxious, or fearful. These are all natural emotions which unfortunately will come up during the criminal court process more than once.

The best criminal lawyers will agree, acting as a surety is a serious matter

There are a number of restrictions involved when becoming a surety. A surety must not be:

  • a non-resident of the province
  • a person who is already a surety for another person
  • co-accused
  • counsel for the accused
  • a minor
  • victim of the accused

Additionally, a surety must have personal assets and sufficient funds. This will cover the recognizance (the cost the surety would have to forfeit to the court, if bail conditions are breached). If you are becoming a surety you will be required to present proof of property ownership, show your identification and provide your personal bank statement. The judge will also look at your personal character and background. Remember though, if the accused breaches his or her bail conditions, payment to the Crown is mandatory.

If you or a loved one has been charged with a criminal offense, contact the law office of Leora Shemesh now. She has positioned herself as one the best criminal lawyers in Toronto. Not only is she caring and committed, but she has proven that experience and knowledge helps win cases. Contact us online or call 416.944.8111 if you would like to schedule a free consultation.

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