Appeals - Adler Bytensky Prutschi Shikhman

Contrary to popular belief, an appeal is not a “do-over” of your criminal trial. Rather, it is a review by a higher court to determine whether the trial was conducted fairly. If the higher court concludes that the lower court made a procedural error or applied the law incorrectly, they may order the results overturned, and you may receive a new trial; alternatively, the appeal court may enter an acquittal, order a stay of proceedings, a reconsideration of your sentence, or some other result.

Types of Appeals and Grounds for Appeal

When it comes to filing appeals in criminal cases, you may appeal the conviction, the sentence, or both. If you challenge both, those issues will be considered as a single appeal proceeding. Some people choose to appeal a conviction even if they did not receive a harsh sentence, because they want to try to clear their criminal record in order to avoid repercussions for employment, education, or other opportunities.

In appeals, it is not enough to simply assert that the lower court got it wrong. An appeal must explain what exactly was wrong with the lower court’s decision. An experienced criminal defence lawyer can examine your case and assess whether you have grounds for an appeal, and can give you an honest assessment of whether it is worth your time and money to seek an appeal.

Timing Considerations in Appeals

Keep in mind that there are strict time limitations on filing an appeal. You will need to file your appeal before the deadline runs out; in most cases, the appeal must be filed within 30 days from the day of sentencing. If you have been convicted but not sentenced, you should still speak with an appeals lawyer regarding your legal options.

How a Lawyer Can Help With Your Appeal

Criminal appeals attorneys are well-versed in the procedures used at appeals courts, and have experience with assessing cases like yours to determine whether there are strong grounds for an appeal. They will be able to draw on their knowledge of criminal appeals to present the best available arguments to the court. It is possible to represent yourself in the appeals process, but those with legal representation are almost twice as likely to be succeed at the appeals level. If you are considering an appeal of your conviction or sentence, then your first step should be a consultation with an experienced criminal attorney.

When deciding on a lawyer to handle your appeal, ask about his or her record. Have they handled appeals in this area before, or is their experience limited to only trial-level work? Have they been successful in representing appeals cases similar to yours? Have they published any articles in legal journals or publications about criminal law, procedure, or appeals? You want a lawyer who has specific expertise in criminal appeals, not just a general-practice lawyer.

Beyond their area of focus, you want to know that your lawyer is the right fit for you personally. How accessible will he or she be during the process? What is the fee structure? Do you feel comfortable having this person represent you?

Adler Bytensky Prutschi Shikhman: Criminal Defence Lawyers On Your Side

The Law Firm of Adler Bytensky Prutschi Shikhman is committed to providing the highest standards of legal defence for individuals and corporations charged with criminal offences. Collectively, this team of lawyers has decades of experience in all areas of criminal law, including conducting trials and arguing cases at all levels of court in Ontario as well as before the Supreme Court of Canada. They also provide legal assistance to other lawyers and firms in a variety of legal fields, such as immigration or family law, when those matters cross the line into the criminal arena.

They have established reputations within the Ontario legal community for their commitment to justice and unwavering dedication to professionalism. For a free initial telephone consultation, contact Adler Bytensky Prutschi Shikhman at 5000 Yonge St, Suite 1708, Toronto ON M2N 7E9, or by calling (647) 931-5828.