What Is A Surety?

A surety is a person that knows the accused personally, is a friend or family member, who agrees to supervise the accused when they are released on bail.  The surety must present themselves at court and tell the court that they will be responsible for supervising the accused individual.  The role of the surety is to make sure that the accused complies with all of the conditions of their release.  They also ensure that the accused stays out of trouble while awaiting trial.

A surety plays an important role during the period in which an individual is released on bail.  The job of surety is not to be taken lightly, but should be regarded as important and serious.  The primary duties of a surety include making sure the accused attends their court dates and ensuring that the individual complies with all of their bail conditions.  Sureties are often required to provide a monetary amount for the release of an individual.  Sometimes the court requires a cash deposit, but most often a surety will sign a bond for a certain amount.

A surety should be someone who knows the accused well and is confident that they can adequately supervise the individual.  It is important that the surety maintain a close relationship involving frequent updates and visits with the accused to ensure that bail conditions and court dates are being met and attended.  If you are in a situation where you require a surety in order to be released on bail, you will likely discuss possible sureties with your lawyer.  In the end, the court will decide if a particular person will be able to act as a surety.  The court will take into account the details of the case, including the nature of the charges and the accused person’s criminal record.  The court will also consider the potential surety’s character and background, as well as their financial situation and the amount of time they have available to supervise the accused.

If you are wondering if you might be eligible for bail or how the process of getting a surety works, contact the lawyers at Auger Hollingsworth to obtain the legal advice you are looking for.

How Do I Know What My Bail Conditions Will Be?

Before the bail conditions are proposed in court, and before you are in a position to formally agree to anything, you will go over them with your lawyer.  The criminal defence lawyers at Auger Hollingsworth make sure to thoroughly review the bail conditions with every client so that they understand what is being proposed and what they will be agreeing to.  It is important to know and understand the bail conditions that the Crown attorney has proposed.  This way, you will not be surprised when they are presented in court and you will understand what the Crown is proposing.

Once the Crown presents the bail conditions as they see fit, we will negotiate the most favourable conditions possible.  This negotiation between the Crown and the defence lawyers is important as it seeks to strike a balance between what the Crown thinks is appropriate and respecting your individual rights and freedoms.  The result is hopefully one that everyone agrees is fair and reasonable.  The lawyers at Auger Hollingsworth will work hard to ensure that your bail conditions are appropriate, fair and allow you as much freedom as possible.

Once the bail conditions are accepted in court, you will receive a document that outlines your bail conditions in detail.  This way, you will always know what your conditions are.  If you are ever unsure or forget certain conditions, you can refer to this document.  You should carry this document at all times.  It is important to follow all of the bail conditions and this document will make it easier for you to do so.

As you can see, the process by which bail conditions are proposed, negotiated and accepted, allows for your involvement and understanding prior to anything becoming legally binding.  You will be privy to the proposed bail conditions before having to accept them in court.  A good criminal defence lawyer will be sure to review all of the conditions with you.  In doing so, you will be able to comply with your conditions because you will have had the opportunity to discuss them with your lawyer and ensure that you understand them.  Adhering to all of your bail conditions is one way that you can increase your chances of achieving a successful outcome for your case.

Ottawa Criminal Lawyer | Applying for a Pardon in Ontario

OTTAWA CRIMINAL DEFENCE LAWYER – If you have been convicted of a criminal offence in Canada, you may be eligible for an eventual pardon. A pardon is a seal on your existing criminal record – a process during which all of your previous charges and convictions are removed from the federal database of active criminal files.

A recent article entitled Feds Still Eyeing Tougher Pardon Rules pointed out that over the last couple of years, the National Parole Board has seen an increase in its power to deny pardons. The government has also doubled the amount of time convicted individuals must wait before they can be granted a pardon for violent crimes.

The pardon application process in Canada is generally done through the National Parole Board, and can take anywhere from eighteen months to thirty-six months to complete. Keep in mind that this is a process that must start after you have become eligible to apply for a pardon.

That brings us to the question of when a convicted individual becomes eligible to apply. The answer depends on the nature of the conviction. For example, were the charges for a summary offence or an indictable offence? How severe were the charges, and was violence involved?

For more information on applying for a pardon on your Ontario criminal conviction, you may want to visit the National Parole Board of Canada’s helpful Pardons Fact Sheet.

If you have been charged with a criminal offence in Ontario, there are a number of options you can take to avoid being convicted – and avoid having to apply for a pardon through the National Parole Board. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.