What if a person doesn’t want to be my surety anymore?
Question & AnswerWhat if a person doesn’t want to be my surety anymore?
3. Talk to potential sureties
Reappoint a former surety
The person who was your may later want to be your surety again. The court does not think poorly of your surety if your surety has asked to be relieved of their responsibilities. They think of that decision as a sign that your surety is responsible and takes their role seriously.
If the Crown does not agree to reappoint your former surety, your lawyer or will give the court more information about that person's suitability.
Your former surety may also have to give about:
- their relationship with you
- their ability to supervise you
- your plan
Find a new surety
If your former surety does not want to be reappointed as your surety, contact family or friends who may be willing to supervise you while you're released.
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.
Prepare a bail plan
If the Crown does not agree to your surety substitution, or you can't find a replacement surety, you must have another bail hearing.
Before the , prepare your bail plan. Your lawyer or duty counsel will help you.
Your bail plan should explain how you will address the Crown's concerns. It should explain why it is safe to release you into the community while you wait for the outcome of your matter, despite the fact that your previous surety relieved themselves.
This includes decisions like:
- who will supervise you
- where you will live
- what release conditions would be reasonable and necessary
- whether you will attend any programs, therapy, or counseling if you're released