HOW CAN YOU STOP BEING A SURETY FOR SOMEONE ELSE?.

📸: Istock

Jonna was caught fighting in a bar and the police told him that he was going to be in prison while his case was ongoing. He pleaded with Abby his brother to help him get out of prison. So, the following day when Jonna was brought before a magistrate, he asked to be released and even promised court that his brother Abby would keep him out of trouble. Its been two weeks and Jonna now bullies Abby and tells him not to remind him about court things.

Abby has realized that he cannot advise or look after Jonna and wants to stop being his surety. How can he do it?

WHAT DOES THE LAW SAY?

When an accused person is released from prison on condition that he/she returns to court for their hearing, it is called bail. One of the conditions is that this person brings people who can guarantee that he returns to court for their trial and that they ‘stay out of trouble’. These people are called sureties. In this case, Abby is a surety for Jonna.

A surety is a person that is legally responsible for ensuring that the accused person appears in court for a hearing on the agreed date. As a surety, you have the duty to make sure the accused returns to court when needed and the duty to inform court if the surety is not able to go to court or wants to dodge.

If you find that you are tired of being a surety or that you cannot fulfil your duty, you can apply to court to discharge (take this duty away from you). This will mean that you are no longer a surety, and the accused person will be asked to bring another surety, or he or she may will be committed to prison.

Source: BarefootLawyers

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