surety bail is where the defendant. course hero

Who is a surety in court?

That means bail with the involvement of a surety as supervisor. So who, or what, is a surety? Who, or what, is a surety? In Ontario, a surety is a person who has been authorized by the court to supervise an accused person while on release in the community. Criminal cases can last a long time: months or sometimes many years.

How does a surety affect a criminal case?

A judge who hears that a surety knows about the accused's anger management problems, for example, may be satisfied; a judge who hears that the surety has taken steps to register the defendant for a program, and will pull the bail if he doesn't attend, will score major points.

Who is the most qualified surety?

The most qualified surety is someone who: 1. Has a clear understanding of their powers and responsibilities, and is able to make an firm promise in open court to enforce them; 2. Is of good character themselves ;

Does Ontario's bail system depend too much on sureties?

Even the Supreme Court of Canada has mentioned - albeit passingly - that Ontario's bail system may depend too much on the assistance of sureties (see para. 65). What's in it for the surety?

Why are sureties called jailors?

That’s why sureties are often called “jailors in the community”: because if the accused doesn’t listen, the surety can just pull the bail.

What is the responsibility of a surety?

A surety's responsibility is to ensure the accused complies with certain terms and conditions during this time. A surety's responsibilities are very serious, and can have real consequences both for the accused and the surety herself in the event of a failure to adequately monitor the accused person's conduct.

Why is there a surety release in Ontario?

Whether because a judge thinks one is necessary after a "contested hearing", or because the defence lawyer and the Crown have negotiated a "consent release" because one has been secured, a very large percentage of bail hearings in Ontario result in a surety release. That means bail with the involvement of a surety as supervisor.

Why is bail hearing important?

A bail hearing is an extremely important event in every criminal case. The failure to address bail intelligently, effectively, and with a view to every potential risk could mean the difference between success and total failure in mounting a defence. Generally speaking, because every Canadian is presumed innocent until proven guilty, ...

How to cancel a surety?

The most common method for cancelling or revoking a surety is to attend at the courthouse where the bail hearing was held, and to ask to speak with a Justice of the Peace at an "intake office". After a quick administrative process, a warrant will be issued for the arrest of the defendant.

What is a surety in Ontario?

In Ontario, a surety is a person who has been authorized by the court to supervise an accused person while on release in the community. Criminal cases can last a long time: months or sometimes many years. A surety's responsibility is to ensure the accused complies with certain terms and conditions during this time.

How long does a surety's responsibilities last?

Once the case is complete, the bail order is exhausted and the surety is relieved of their responsibilities, including the pledge of money. This can months in the case of a plea, or years in the case of a trial. A surety's responsibilities may also expire as a result of cancellation or revocation of the bail.

Why is bail so expensive?

Critics suggest that bail is costly because the government must pay to detain poor offenders who would otherwise remain in the community.

What percentage of bail is conditional bail?

If the defendant pays a percentage of the bond, usually 10 percent , to a bonding agent who posts the full bail, this is referred to as conditional bail.

What are the options for a plea?

A defendant's options for a plea are guilty, not guilty, or nolo contendere.

What amendment is a motion for violation of?

a. File a motion for violation of the Eighth Amendment

Which amendment guarantees the right to a public trial?

The Fifth Amendment guarantees you the right to a public trial.

Is there a set time for speedy trial?

There is no set time that defines a speedy trial.

What Is a Bail Bond?

If you are looking into becoming a bail bond agent in South Carolina, you must understand what a bail bond is. A bail bond is the money defendants pay to either a bail agent or the court in exchange for the defendant’s release. This bail amount depends on the severity of the defendant’s criminal charges.

What Is a Surety Bail Bond?

A surety bond is another name for a bail bond. Surety bail bonds in South Carolina are agreements signed by a person and a bail bond business. This agreement allows the defendant to pay a portion of the total amount of the bail money owed.

What Is a Bail Bond Agent in South Carolina?

Bail bond agents, also known as bail bondsmen, provide written agreements to the courts to pay the entirety of the defendant’s bail if they fail to appear in court. Before drafting up these agreements, most bail bond agents will ask for a statement of creditworthiness.

How to Become a Bail Bondsman

In the state of South Carolina, you will need to complete a 30-hour pre-licensing course explicitly created for bail bond agents. Once you complete this course, you will need to pass the state bondsman test administered by the PSI.

Successful Surety Bondsman

Now that you know more about what a surety bond is and the process of handling bail bonds, it is time to get started on your bail bondsman journey. Once you complete the steps needed for licensure, you just need to familiarize yourself with the standard concepts of bail bonds.

How many flashcards are in Study Test 3?

Study Test 3 29-64 flashcards. Create flashcards for FREE and quiz yourself with an interactive flipper.

Is bail granted in a felony hearing?

Bail is typically granted in a felony hearing;

Is a preemptory challenge based on race unconstitutional?

preemptory challenges based on race are unconstitutional when made by the jurors

Why do you need conditional bail?

Reasons for conditional bail. to ensure: surrender to custody, doesn't re-offend, no interference with witnesses, available for enquiries. Conditions for CB. D must report to designated station, must observe a curfew, must residue keep away from persons/ places, surrender their passport or have a surety. Surety.

What is the criteria for a surety?

States the criteria for a surety, and the surety will be looked into based on their finances, character, previous, proximity to the accused. If police/ court deem unsuitable may be grounds to appeal. No money payable unless D absconds, surety can prove they tried everything to prevent D absconding (EC). 1998 D could act as own surety.

What happens if you are a D positive in CJA 2003?

s19 CJA 2003 if D positive of class A drugs there will be no bail unless you can guarantee no re-offending. Particular awareness if; charged with possession/ intent to supply, misuse of drugs caused offend, refused to undergo drug assessment.

What is a formal acknowledgment that s/he will owe the Crown an amount of money if?

A formal acknowledgment that s/he will owe the Crown an amount of money if they fail to turn up. If the accused is bailed surety must enter this. Money is decided by the person granting bail court/ police.

What is the nature and seriousness of an offence?

Nature and seriousness of offence, defendant's previous record when granted bail, defendant's character and previous convictions, any community ties, strength of evidence.

When was the bail act added?

Added to schedule 1 of the Bail Act 1976 . Providing exceptions to grant bail to those charged with imprisonable summary only offences. Refused if: fail to surrender bail in past, fear of failure to surrender, re-offending, fear of re-offending causing mental/ physical harm to another, D's protection/ welfare, D is serving custody, lack of info needed and full grounds (all of the above).

Do you have to attend a bail hearing?

Where there are no conditions attached to an offender's bail, however they must attend at the correct date and time to their trial hearing.