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What if a person doesn't want to be my surety anymore?

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What if a person doesn't want to be my surety anymore?
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Nishnawbe-Aski Legal Services Corporation
Ministry of the Attorney General
Legal Aid Ontario
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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What if a person doesn't want to be my surety anymore?
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Reviewed: 
July 1, 2018
Answer

Your surety can go to the courthouse at any time and ask to be relieved of their duties and responsibilities as your surety. They may do this if they believe:

  • you have already not followed a condition of your bail
  • you’re not going to follow a condition of your bail in the future

Your surety may also revoke your bail simply because they no longer wish to act as your surety.

Your surety does not have to give the court a reason. They only need to write down their request and bring it to the courthouse.

If you know that a person does not want to be your surety anymore, try to find someone else before your current surety relieves themselves. It's a good idea to look for a person who is in a position similar to the position of your previous surety and who can meet the same or very similar terms as your previous surety. While doing this will increase the likelihood that the Crown will agree to let the new person be your surety, it does not guarantee it.

If you go with your surety when they make their written request at the courthouse to be relieved as your surety, the court officers will take you into custody. You will have to get a new surety approved by the court before you can be released.

Surety substitution

Sometimes, it is possible to change your surety without having to go through the bail court process. This is called a surety substitution. Talk to your lawyer or duty counsel to see if you’re eligible for a surety substitution. If you’re not eligible for a surety substitution, you must go through the bail court process again.

Surety warrant

If you don't go to the courthouse with your surety when they ask to be relieved of their duties, a surety warrant will be issued for your arrest. The police will take you into custody when you’re located or after you turn yourself in. You will have to get another surety approved by the court or have another bail hearing.

If they want to, the person who was your surety can offer to be your surety again at a later date.

A surety warrant never expires. It lasts until you deal with it so don’t ignore it. Warrants are issued to give police the authority to arrest someone, search for, or seize something. A warrant lasts until the police have done what it authorizes them to do.

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