- Reducing Wrongful Convictions in Texas September 7, 2010More people have been freed through DNA testing in Texas than in any other state in the country, and these exonerations have revealed deep flaws in the state's criminal justice system. Thirty-five of the 41 DNA exonerations in Texas involved eyewitness misidentifications.In an op-ed Saturday in the Houston Chronicle, Texas Senator Rodney Ellis and Innoc […]
- The Importance of a "No Contest" Plea in a California DUI Case September 8, 2010Because a “no contest” plea is essentially the same as a guilty plea…given that both result in a sentence…you may not give much thought to which plea to enter if you are about to be convicted of misdemeanor driving under...Because a “no contest” plea is essentially the same as a guilty plea…given that both result in a sentence…you may not give much thought t […]
- Ha-Redeye and Yap — Piedra v. Copper Mesa Mining Corporation September 7, 2010In the spirit of increased collegiality and collaboration within the Canadian legal blogging community, LawisCool.com and TheCourt.ca have set aside their heated rivalry to bring you their first ever joint posting. What follows is a commentary on the interesting case of Piedra v. Copper Mesa Mining Corporation, 2010 ONSC 2421. Commentator for LawisCool.com: […]
September 13th, 2008 | 
Author: Getting the bail hearing right is crucial. You don’t want your friend or loved one to remain in jail for months on end until his trial. Often people are not released because there was a lack of preparation for the bail hearing. There are strict requirements which must be met before the Court will allow an accused person to be released.
The Crown hopes to deny bail to most individuals to pressure them to plead guilty.
The Court can generally only detain a person on the following grounds:
| (a) |
where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;
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| (b) |
where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and
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| (c) |
on any other just cause being shown and, without limiting the generality of the foregoing, where the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment.
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However, there are exceptions for certain offences. Aswani K. Datt can assist you in determining what approach to take to have a successful bail hearing to have your loved one released.
The Bail Hearing is the most important step in your defense as it has serious practical implications.
Becoming a Surety
There may be a time in which you are asked to become a surety for a friend or family member in order for that person to attain bail. There are a number of things to remember before deciding to undertake this role.
The duties of a surety are serious. A surety vouches for the character of the accused by guaranteeing the accused will attend court as required and abide by the conditions of the release order.
This is done by requiring the surety to put up a sum of money or other valuable real or personal property in support of that person. The effect of granting bail is not that the accused is set free, but is to release the accused from the custody of the law and entrust him/her to the custody of the surety.
There can be serious consequences to becoming a surety. If the accused does not abide by the release conditions of bail, both the accused and the surety can suffer financial consequences.
If the accused fails to attend court or breaches any of the release conditions, the Crown can ask that the accused be noted for estreat under the Criminal Code. The effect of this is that you can be liable for the amount of the bail you had previously posted.
Since the consequences and duties are serious, a surety may decide at any time to cease being a surety. This can be done by taking the accused to the proper authorities or by going before a Justice of the Peace and filing an Application by Surety for Relief to be removed of their responsibility. Both will render the accused back into custody and relieve the surety of any further legal obligations.
In the end, you should understand the serious duties and responsibilities of being a surety. Never undertake such a role unless you reasonable believe that you can ensure that the accused will comply with all of the release conditions. If you believe that the accused will not abide by all of your directions and requests, it would be unreasonable for you to become a surety for that person.
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