How The Amount Of Bail Is Determined And When The Surety Must Pay

For the most typical offenses that occur every day in courts, we see bails ranging from $500 to $2000 or $3000. If the offence is very serious or the capacity of the individual and the surety to pay is higher, then bail can be set at very high amounts.

The purpose of the bail amount is to make sure that both the accused person and the surety recognize the seriousness of the situation and will keep to the conditions of the bail in order not to risk losing a significant amount of money. If there’s any breach or violation of the bail, not only can the accused person be re-arrested and charged with a Failure to Comply, but the accused person and the surety are potentially liable for the bail amount.

At the time that bail is decided, the surety doesn’t usually pay anything. An exception might be made for people who are outside the jurisdiction of the court. Generally, bail takes the form of a non-deposit bail. The surety has to show that he or she has assets to cover the bail amount; and if the accused doesn’t comply with the conditions of bail, the surety can lose the money that was promised.

Sureties don’t go to jail if the accused person breaches, but they will lose their money. There’s a common misconception that the government doesn’t come after the money that is pledged by a surety. That’s not true. The government certainly is entitled to do it and in many cases, they do. The government can seek a portion of the bail or the entire bail amount. I have seen many cases in which they seek all of it. So a person should not sign bail and act as a surety unless they are confident that they can influence the behavior of the individual that they’re signing bail for. If, in spite of their efforts, the accused doesn’t listen to them and breaches the conditions of bail, the surety can go back to court and withdraw their support of surety.

It should also be noted that posting bail has nothing to do with the guilt or innocence of the accused. So long as the accused person complies with all the terms of their bail, no money will be seized from the surety even if the accused is found guilty at the end of the day. As a surety, you are not vouching for the accused’s innocence – you are vouching for their conduct while they are out on bail.

—

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