Ottawa Criminal Appeal Lawyers

If you have been convicted of a crime and either want to appeal the conviction or the sentence you have received, we can help.

As experienced criminal appeal lawyers, the lawyers at Friedman Mansour LLP  can represent you throughout the process.

Our lawyers will carefully scrutinize your case and provide you with an opinion as to the merits of any potential appeal. We will look at the case from all angles, examining the evidence, the reasons of the trial judge, jury instructions and all other relevant material.

We will do everything we can to help you secure an acquittal, a new trial or a reduced sentence.

What is a conviction appeal?

A conviction appeal is lodged when you were convicted of an offence and believe that have reason to believe that you were wrongly found guilty of a criminal charge.

What is a sentence appeal?

A sentence appeal is lodged when you have reason to believe that the sentence you received for your conviction on a criminal charge was unfit.

Where will my appeal be held?

The location of your appeal hearing depends on whether the case against you proceeded by summary conviction or indictment.

If you were tried by summary conviction, your appeal will be heard in the Superior Court of Justice, before the summary conviction appeal court, in the same jurisdiction as your original trial. Accordingly, if your trial took place in Ottawa, your appeal will be heard in the Superior Court of Justice in Ottawa.

If you were tried by indictment or are appealing against a summary conviction appeal judgment, your appeal will be heard in the Court of Appeal for Ontario in downtown Toronto.

If you are appealing against the Court of Appeal ruling, it will be heard in the Supreme Court of Canada in Ottawa.

Will my appeal involve the same judge who originally sentenced me?

No. Appeals are not heard by the same judge or level of court as your original trial.

At the Ontario Court of Appeal, your case will be heard by a panel of three (in rare cases, five) judges.

What are the conditions for the basis of my appeal?

If you do not agree with your conviction or the judge’s sentence, it does not mean that you have an automatic basis for an appeal.

There are certain conditions that apply before you can challenge a judge’s decision and lodge an appeal.

These include the belief that the judge has:

  • Erred in the application of the law
  • Misapprehended the facts of the case, or
  • Erred based on a combination of the above

We will carefully review the trial record to determine if you have a possible conviction appeal.

In all types of appeals, your role will be mainly as an observer. In most cases, your appellate lawyer will handle the process and no testimony will be required from you or anybody else.

What are the Possible Outcomes of a Successful Appeal?

There is no guarantee of success with an appeal, and they tend to be expensive and time-consuming.

The experience of a seasoned appellate lawyer is key to providing your best possible chance of demonstrating that the decision of the original court was erroneous.

A successful appeal will result in one of the following outcomes:

  • Order a new trial

It is possible that the appeal court will order a retrial because a legal error was made or the trial was not conducted in a fair manner. A new trial would be held before a different judge, in the original jurisdiction.

Sometimes, the Crown decides that it is not in the public interest to prosecute again and the charges are withdrawn.

  • Order an acquittal

In some cases, the Court of Appeal may quash the original conviction and substitute an acquittal. This means you will not have a criminal record and there will be no penalty imposed.

  • Vary the sentence

The third outcome of a successful appeal is a varied or reduced sentence. This may result in a shorter jail term, a conditional sentence (house arrest) or even a discharge.

What should you do next?

You have only 30 days after you are sentenced to serve and file a Notice of Appeal. Time is precious and you need to start the process as soon as possible.

This requires a lawyer who understands the appeals system in Ontario and recognizes when you have a strong case for an appeal.

An appellate lawyer at Friedman Mansour LLP can assist with your appeal. Moreover, we  may be able to help suspend the original punishment handed down by the judge until your appeal is heard.

We may also be able to assist with bail pending appeal and suspend ancillary orders, such as the suspension of your driver’s license or probation during this period.

If you wish to appeal your conviction or sentence, contact us for a free consultation.

We will consider your case and be able to offer advice and guidance on whether you have a strong basis for an appeal.

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