Toronto Criminal Appeal Lawyers
Criminal Appeals
An appeal is not a second trial. It is a structured review of whether a conviction, sentence or other decision should be reconsidered because of an error recognized by law.
At Shikhman Barristers, appellate review begins with the record of what occurred and the legal standard that applies.
Appeals From Conviction
A conviction appeal may involve an alleged legal error, an unreasonable verdict, a problem with jury instructions or another issue arising from the conduct of the trial. The available grounds depend on the record and the nature of the proceeding.
Sentence Appeals
A sentence may be reviewed where an arguable error in principle or another recognized basis for appellate intervention exists. The analysis requires careful attention to the sentencing record and the applicable standard of review.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
The Importance of the Record
Transcripts, exhibits, written rulings and reasons for judgment form the foundation of an appeal. Effective appellate work depends on identifying what actually happened rather than rearguing the entire case.
Deadlines and Appellate Procedure
Appeals are subject to procedural requirements and filing deadlines. Prompt legal advice is important because the right to challenge a decision may depend on steps taken shortly after judgment.
Can New Evidence Be Filed on Appeal?
Additional evidence may be considered only where the applicable legal test is met. An appeal is generally based on the existing record.
Can the Crown Appeal?
In certain circumstances, the Crown may appeal a decision. The available rights of appeal depend on the nature of the proceeding and the issue raised.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as an arrest occurs or a surrender is being considered. Early advice allows time to identify possible sureties, gather relevant information and prepare the proposed release plan.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
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