Bail Hearings And Sureties For Domestic Assault Clients

When the accused is taken to jail, he will not have the opportunity to call family members or a friend.

He needs to make a call to his lawyer and the lawyer will call those who need to be contacted, whether it’s work, family members, or proposed sureties.

Unfortunately, due to an overworked and backlogged bail system, the accused cannot assume that he will be seen at the bail hearings the morning after his night in jail. That person can, instead, find themselves at the end of a long list of other persons who have been charged with offenses who have been waiting in custody for many days for their bail hearing. Suddenly, they’re at the back of the line, and there are horror stories of people who spend two, three, four or more days in jail just waiting for a bail hearing, despite the fact that sureties are available to bail that person out.

Therefore, it’s very important to deal with the bail issues quickly, and thoroughly, with a lawyer who can be accessed at a moment’s notice. Then the lawyer can contact family members and help find someone who will post bail. In order to facilitate a quick release from custody, or at least as quickly as possible, we always recommend that people be prepared and ready with sureties who are employed, who are Canadian citizens or landed immigrants, who can post a reasonable-sized bail, and most importantly, who can provide a residence away from the victim’s residence for the accused to live. That way, we can come to court armed with a proposal that is going to meet the needs of most prosecutors in most situations.

The purpose of the figure for bail is to “grab the conscience” of the individual signing it. If you have a surety for an accused who is very wealthy, $1000 bail may not be enough, and the Crown may insist on a higher amount. Typically, in a first offense “standard” domestic assault that doesn’t involve serious injury, bail would be set at between $2000 and $3000 for most of people. The surety simply has to show proof that they have access to those kinds of funds. They don’t actually have to show up at the court house with $2000 in their pocket and deposit it. They should bring either a pay stub, proof of a mortgage if they are a landowner, so that the court knows that they can produce the money in case the accused breaches the bail.


If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi Shikhman for a consultation.

This information is taken from an interview from February 29, 2008 with Ed Prutschi, Criminal Lawyer with Adler Bytensky Prutschi Shikhman, Toronto Criminal Lawyers. The article is provided as an information service only and should not be used as legal advice. Laws vary by jurisdiction so please consult with an appropriate legal professional if you are looking for help with a specific situation.