Criminal Appeal Lawyers Toronto
January 2023
Appealing a Criminal Case in Toronto
Appealing a criminal offense in Canada can be a complex and often lengthy process. When an individual is charged with a criminal offense, it can be difficult to know where to turn for help. That's why it's important to have an experienced criminal appeal lawyer on your side who understands the criminal justice system inside and out.
What is a criminal appeal and when can it be filed?
A criminal appeal is a legal process through which criminal convictions and sentences can be challenged. Appeals of criminal matters must typically be filed within 30 days from the date of conviction unless an extension has been granted by the court. The purpose of seeking an appeal is to overturn or alter a criminal conviction or sentence. This can only occur if the court determines that errors occurred in the original criminal case that affected the outcome.
What is the difference between a conviction appeal and a sentence appeal?
A criminal conviction appeal involves challenging the jury’s decision that a person is guilty of the criminal charges they were accused of.Sentence appeals, on the other hand, involve challenging a criminal sentence imposed by a judge. In Toronto, criminal lawyers can provide assistance in both types of criminal appeals.
What is the Timeframe to File an Appeal in Canada?
In Canada, criminal appeals must be filed within 30 days from the date of conviction unless an extension has been granted by the court. After filing an appeal notice, criminal lawyers can seek a criminal stay of proceedings to suspend any pending criminal proceedings until the criminal appeal is heard.
Can I Get Bail During My Appeal?
It is possible to get bail while your appeal is before the Court. This process is called bail pending appeal. Bail pending appeal requires a separate motion to be brought before the Court hearing the appeal. In order to be granted bail, you must show that you are not a flight risk and that you will comply with all court orders. criminal lawyers can help you file a bail pending appeal motion and represent you in court.
You must meet the following criteria for bail to be considered:
1) There is a possibility that the appeal will be successful;
2) It is not contrary to the public interest that the person be released pending appeal (this a very significant factor for offenses that result in a long jail sentence); and
3) That the person will surrender themselves on or before the date of the hearing.
What are some common grounds for a criminal appeal?
Common grounds for criminal appeals include procedural errors during the trial such as bias or prejudice from a judge or jury; insufficient evidence presented at trial to prove guilt beyond a reasonable doubt; and legal errors committed during the trial such as incorrect application of criminal law. Having an experienced criminal appeal lawyer assess your case can help you determine if any errors occurred and if filing an appeal could be beneficial.
The process of appealing a criminal conviction
The process of an appeal is complex and requires a criminal appeal lawyer that is experienced in criminal law. The criminal appeal lawyer will review the original criminal case to determine if any errors occurred during the process. In order for an appeal court to consider overturning or altering a conviction, it must be proven that errors that affected the outcome of the trial, occurred as a result of misconduct on behalf of either the prosecutor or defence attorney.
The possible outcomes of a criminal appeal
The outcome of criminal appeals depends on the strength of the case and any errors that occurred during the criminal trial. Pending a successful appeal, possible outcomes include having the criminal conviction quashed or overturned; or alternatively, having it substituted with a lesser conviction or a reduced sentence. An experienced criminal lawyer can provide guidance on whether filing an appeal is advisable and how best to prepare for criminal appeals in Toronto.
Tips for preparing for a criminal appeal hearing
To successfully appeal a criminal conviction, it is important to have an experienced criminal lawyer on your side. It is also important to be prepared for the hearing of the criminal appeal. This includes having all relevant documents and evidence ready and organized; as well as providing testimony that supports any claims of procedural errors or legal errors at trial.
How to choose the right criminal lawyer for your appeal?
Choosing the right criminal lawyer to handle your criminal appeal is an important decision. It is essential to select a criminal lawyer who is experienced in criminal appeals in Toronto and has a track record of success with criminal appeals.
Additionally, selecting an attorney that you trust and feel comfortable working with can be beneficial for navigating the criminal appeal process. The criminal appeal process in Toronto can be complex, so it is important to seek out a qualified criminal lawyer who can provide advice and guidance on how best to prepare for a criminal appeal hearing. With their knowledge of criminal law, experience in filing criminal appeals, and commitment to providing quality legal representation, they can help ensure that your rights are upheld throughout the entire process.
At Titan Defence LLP, we have years of experience representing clients at all stages of the criminal appeal process, from initial appearances in court to the final appeal hearing. We know what it takes to get the best possible outcome for our clients, and we're not afraid to fight for their rights in court.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.