Criminal Law

Why it is Risky to Stand as a Surety

It is common for someone to be persuaded by a friend, a relation, a family member or a colleague who has been arrested or who is standing trial, to stand as surety for him.
Thus, i consider ít pertinent to explain briefly the legal implication of being a surety.


A Surety is a person who takes responsibility for another’s performance of an undertaking, for example their appearing in court or paying a debt.


A person can stand as a surety for a crime suspect, either at the police station or in court during trial.


Note that there is no law that precludes a woman from standing as surety, thus , any practice that purports to preclude the female folks from being a reliable surety is unconstitutional, unlawful and ultra vires.


TheLegalImplicationOfBeing A surety is that, if the suspect absconds, fails, or refuses to come to court to stand for his or her trial, the surety is at risk of going to jail.


In other words, a surety can go to prison for failure to produce the suspect in court. In some cases, the surety will be given the opportunity to pay the amount of money or forfeit the amount of money on the bail bond.


However, it is not always easy, this is because, in most cases, the surety will first be committed to prison, before he will be given the opportunity to show cause as to why he wont forfeit the bail bond.


Consequently, it is advisable to be sure or certain that the suspect or accused wont run away before agreeing to stand as surety. Also, one has the opportunity to apply to court for the discharge of the surety, when one perceive that the suspect may likely abscond from his trial, so as not to incure the wrath of the law.


Why it is advisable to always help a friend, a family member, a relation or a colleague in times of need, such helps when it comes to standing as surety in a criminal trial should be rendered with caution.