Appeal Lawyers Regina
Appeals
At A.R.E. Law, we can help you appeal any unfavourable judgement and right the wrongs.An appeal is not a new trial. The judge will decide your appeal based on the pre-existing record of your case, which will be made of a transcript of the trial sentencing and any exhibits filed and will not see any evidence. We ensure that your appeal complies with all the filing deadlines.We may be able to help with any of the following results for you on appeal:-A new trial-An acquittal-A lesser sentence-A cancellation or reduction of a firearm or driving ban-Cancellation of a D.N.A. order
The courts are extremely strict about the timing, form, and length of your filed materials, and require absolute compliance with complicated procedural rules.
A.R.E. Law is skilled in detecting any errors made by the judge or the prosecutor in your case. Our knowledgable lawyers will thoroughly review the transcripts of your trial or sentencing hearing and will identify all errors made in your case. We will make a persuasive written argument to the appeal court describing the mistakes made in your case, and why they should give you an appeal.
FAQ
Can I appeal a conviction?
In Canada you can appeal a criminal conviction by appealing a finding of guilt, by appealing the sentence you received, or both. However, the appeal process in Canada is complicated and requires strict compliance with a large number of rules and procedures. As such, it is very important that you immediately seek the assistance of a criminal defence lawyer if you think you would like to appeal your conviction or your sentence. Finding and hiring a criminal defence to help you with your appeal is of utmost importance, particularly since you will have only 30 days from the date of your conviction to file your notice of appeal with the court.
If you want to appeal your decision and you have missed the 30 day deadline, there may still be a chance that you can file a notice of appeal if you are granted an extension of time by the court. When considering an application for an extension of time, the court will typically consider the following:
Whether you have shown a legitimate or bona fide intention to appeal your decision before the 30 days had elapsed;
Whether you are able to provide a good reason for failing to file your notice of appeal within the 30 day deadline; and,
Whether there is any merit to your appeal.
Sometimes the court will take other factors into consideration, however, the main consideration will always be whether it is interests of justice that the appeal is allowed based on the criteria outlined above.
The Right to Appeal:
While everyone has the right to try to initiate an appeal, sometimes permission of the court will be required in order for your appeal to be heard. Leave to appeal, or permission to appeal, will be required when you are appealing a sentence or when you making an appeal to the Supreme Court of Canada. The appeal process is further complicated by the fact that sometimes you might be limited to raising your appeal on only certain grounds. For example, if you are appealing a conviction of an indictable matter, you will only be allowed to appeal because the law was not interpreted or applied properly in your case. If you want to appeal because you think the the judge misinterpreted or misapplied the facts of your case, you will have to ask for leave of the court to do so.
Given the complicated nature of this process, if you are considering initiating an appeal contact our one of our defence lawyers immediately. We have experience dealing with a wide range of criminal appeals and will be able to help you assess the merit of your appeal, and can provide you with full and effective representation throughout the entire process.What happens at a criminal appeal?
An appeal is not a new trial where you are allowed to present your defence a second time with the hope of obtaining a different result. Rather, an appeal allows you to go before a higher court to argue that on the basis of the transcript and the evidence tendered at your first trial, that it is evident the trial judge made a legal error or a decision that was unreasonable. You may argue, for example, that the judge interpreted or applied the law incorrectly, and that, as a result, they arrived at the “wrong” decision.
If you are appealing your sentence alone, you may argue that the sentence you received is unfit because the judge applied the law incorrectly, or that your sentence is disproportionately harsh relative to the offence you were found guilty of committing.
If, after your conviction, you discover evidence that is relevant to your guilt or innocence that was not put before the court at your first trial, you may be able to use that evidence as the basis for your appeal. However, it is not always easy to introduce evidence to appeal your decision. If you want to introduce new evidence the court will have to consider a number of factors, specifically:
Is the evidence credible and believable?
Is it relevant to issues at trial?
If it were added to the other evidence presented at trial, could it reasonably be expected to affect the decision?
Could it have been admitted in trial if the defence had been diligent?
If the fresh evidence is accepted by the appeal court, a new trial will be ordered and you will no longer be convicted but charged of the offence until you are either found guilty or acquitted in the new trial.
Possible Outcomes of a Criminal Appeal:
Acquittal:
The best possible outcome for an appeal is an acquittal, or a finding that a conviction cannot be supported on the basis of the evidence that was presented at trial.
A new trial is ordered:
A new trial will be ordered where the reviewing court finds that the first trial was not conducted properly. For example, this can be because the trial judge made a mistake when interpreting and applying the law to your case, or when there is reason to believe that the judge was biased. If a new trial is ordered, you case will be sent back and retried. If a new trial is ordered, your conviction for the alleged offence will also be vacated, but you will remain charged with the offence until a verdict is reached in the new trial.
An acquittal is substituted for a finding of guilt:
The reviewing court can also decide that after considering the evidence that was presented in your trial, that is is clear that the trial judge made a mistake by acquitting you. The appeal court will then vacate your acquittal and declare that you were found guilty of the crime. However, this happens very rarely and if it does, you are automatically granted leave to appeal to the Supreme Court of Canada.
The sentenced is varied:
If you appealed your sentence, you may receive a new sentence that is more or less severe, or you can have certain aspects of your sentence changed. For example, ancillary orders that accompanied the initial sentence like a DNA order or a firearms prohibition may be removed, or the time that you are served in prison can be increased, decreased, or completely eliminated.
The appeal is dismissed:
Your appeal will be dismissed when the appeal court finds that the trial judge’s decision was reasonable in light of the evidence and the arguments that were presented at trial. In such an event, the trial judge’s decision and sentence will be restored.Can I get bail while my conviction is being appealed?
If you have been convicted of an offence and are being held in custody, you will remain in custody until your appeal is heard unless the court decides to release you on bail pending your appeal.
To get to the court to consent to your bail while your matter is being appealed, notice of your appeal must already be filed with the court. You will then need to make an application to the court for your release and show that:
There is a reasonable chance that your appeal will succeed, or that it is not a frivolous appeal. The court will not let someone out on bail if there is no reasonable prospect of the appeal succeeding;
That it is not contrary to the interests of the public that you are released pending your appeal. The court will not release you if you are alleged to have commit a very serious offence, or if they have reason to believe that you might commit further offences while out on bail; and,
That you will surrender yourself into custody on the day that your appeal is to be heard. If the court has reason to believe that you might not return on the day of the appeal, or that you are a flight risk, it is unlikely that you will be released on bail.
If your application for bail pending appeal is successful, you will be released with conditions until your matter is heard before the court. Because convincing the court that there is merit to your appeal is vital when securing bail pending your appeal, it is in your utmost interest to consult with a lawyer as quickly as possible. One of the skilled criminal defence lawyers in our office can identify and develop the merits of your appeal, and can effectively present legal arguments that will not only help you to secure bail, but that will also help you succeed in your appeal.