Acting on an appeal requires knowledgeable, experienced, and resourceful legal counsel. John Erickson is an established criminal appeals lawyer in Toronto with nearly two decades of experience at all levels of the Ontario court system.
You have only 30 days after your trial ends to serve and file a Notice of Appeal. Call (416) 363-3612 or write to info@ericksonlaw.ca to book your free consultation with a qualified appeals lawyer in Toronto now.
Understanding the Appeal Process with an Appellate Lawyer in Toronto
There are a number of Ontario criminal appeal rules that you should understand before you decide to take action.
What if I feel that I was wrongfully convicted or that my sentencing was unfair?
If you believe that you were wrongfully convicted or received an unfair sentence, you can seek to appeal your trial judge’s findings but to do so, you must serve and file a Notice of Appeal within 30 days after your trial ends.
Where will my appeal be held?
Where your appeal will be heard depends on whether the Crown proceeded by summary conviction or indictment. If the Crown proceeded by summary conviction, then your appeal will be heard in the Summary Conviction Appeals Court in the same city or jurisdiction where your trial took place. If the Crown proceeded by indictment or if you are appealing against a judgment of the Summary Conviction Appeals Court, then your appeal will be heard in Court of Appeal for Ontario in Toronto. All appeals from the Court of Appeal are heard in the Supreme Court of Canada in Ottawa.
Will my appeal involve the same judge who sentenced me?
No. Your appeal will be heard by a judge or judges from a higher court who will decide your appeal based solely on the materials and submission made before them. The judge orjudges who decide your appeal will NOT consult with the judge who conducted your trial.
Can I win with my appeals lawyer in Toronto?
Your criminal appeals lawyer in Toronto will advise you on the strength of your appeal, and recommend whether or not it is worth pursuing. Appeals can be difficult and sometimes are not worth your time or expense. However, cases do arise where very valid points can be raised. Judges can make mistakes with convictions and sentencing, and in these cases, you can win.
John Erickson is a criminal appeals lawyer in Toronto who will provide free consultations so that you can assess your situation at no cost. After almost 20 years of experience, John Erickson has the expertise to review your case and provide sound advice.
What can I use as the basis for my appeal?
Appeals can only be filed under certain conditions. Being of the opinion that your judge made a mistake or had some kind of bias against you is not enough. Your Toronto appeals lawyer will tell you that you can only challenge your conviction and/or sentence where the judge has erred in law, misapprehended the facts or committed an error based on mixed law and fact. Your appellate lawyer will give you further information about whether or not you have a valid basis for an appeal.
Do I have to serve my sentence before my appeal?
If your license has been suspended or a jail sentence has been given, you can file a request with the appeal court to suspend the original punishment. Your appeals lawyer in Toronto will make this request for you.
What do I do at the appeal hearing?
You will play a very passive role at your appeal hearing. No testimony will be heard, either from you or from prior witnesses. Transcripts of the trial and evidence will be used instead. Your appellate lawyer in Toronto will present the reasons why the case is being appealed.
No-Cost Consultations – Contact an Appeals Lawyer in Toronto
Appeals are serious and time-sensitive matters that require qualified legal counsel. Contact appeals lawyers in Toronto at Erickson Law today for a free consultation, and find out whether or not your sentence can be reduced.
Call (416) 363-3612 or write info@ericksonlaw.ca today.
