Toronto Criminal Appeals Criminal Defence Lawyer
Consult with Criminal Defence Lawyer in Toronto
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Criminal Defence Lawyer
Criminal Defence Lawyer appeals criminal charges – Toronto, Brampton, Mississauga, North York
Appeals require in-depth knowledge of the law and the evidence presented at trial and a thorough understanding of how the Court system works. While you are legally entitled to represent yourself at all stages of a criminal proceeding, an appeal is the stage in a criminal case in which the assistance of an experienced and knowledgeable lawyer is the most instrumental and can make the tipping difference between simply having your appeal heard and getting a conviction overturned.
Appeals
What is Appeals?
If you are found guilty of committing a criminal offence at trial, you can appeal either the conviction or the sentence or both to a higher court. The Crown Attorney can also appeal a decision if you are acquitted or if the Crown disagrees with the sentence you received. For offences under the Criminal Code, the Court that will hear your potential appeal will depend on the type of criminal proceeding. Summary conviction offences are appealed to the Superior Court of Justice, and indictable offences are appealed to the Ontario Court of Appeal. Summary Convictions that have already been appealed to the Superior Court of Justice can be appealed further to the Court of Appeal. Decisions rendered by the Court of Appeal can in turn be appealed to the Supreme Court of Canada, the country’s top Court, but only in exceptional circumstances. The rules surrounding the legally valid reasons for an appeal are complex. It is therefore essential that you consult with a Toronto criminal defence lawyer prior to filling your appeal. To be successful on appeal, it is not sufficient to simply express disagreement with the initial decision and hope that the higher court agrees with you.
Grounds for Appeal
It is important to note that an appeal is not a new trial and the Appellate Court generally does not consider evidence. The Appellate Court is concerned with any mistakes made by the lower Court and does not reassess the evidence provided. However, in exceptional circumstances a court may allow an appeal on the basis of new or fresh evidence, if that evidence is crucial to your case and you have a good reason for not having presented it during your trial. You can also appeal a decision on the basis of an error or omission of your legal representative, called ineffective assistance of counsel.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
A notice of appeal of a conviction and/or sentence must be filed within 30 days after the day of the sentence.
If you wish to appeal your case, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
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