Can I appeal a criminal conviction?

>>>Can I appeal a criminal 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.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.