If you have been convicted of a criminal offense and wish to appeal the decision, you can follow a specific process to challenge your conviction. Here’s a general overview of the steps involved in appealing a conviction:
- Consult with a lawyer: It is essential to seek legal advice from a criminal defence lawyer who specializes in appeals. They will guide you through the process and provide expert assistance.
- Determine the grounds for appeal: Your lawyer will assess your case and identify the legal grounds on which you can appeal your conviction. This could include errors in law, procedural mistakes, or issues with evidence.
- File a notice of appeal: Your lawyer will prepare a formal document called a “notice of appeal” that outlines your intention to appeal the conviction. This document must be filed with the appropriate appellate court within the specified time frame, typically within 30 days of the conviction.
- Obtain the trial record: Your lawyer will request a copy of the trial transcripts, which provide a verbatim record of the proceedings. These transcripts are necessary for preparing your appeal.
- Prepare written submissions: Your lawyer will draft a factum that present the legal arguments supporting your appeal. These submissions outline the errors or issues that occurred during the trial and explain why the conviction should be overturned.
- Present oral arguments: Most appeals involve oral submissions. Your lawyer will represent you during this stage, advocating for the grounds of appeal and responding to any questions posed by the judges.
- Await the court’s decision: After presenting your case, the appellate court will review the arguments, examine the trial record, and make a decision. They can choose to uphold the conviction, overturn it, or order a new trial.
If you are looking to appeal your conviction or sentence, contact Lockyer Zaduk Zeeh at 416-613-0416 to schedule a consultation. We regularly review convictions and sentences to determine the merits of an appeal. If you are unsure if your case is appropriate for an appeal, please let us review your case to help you understand the process, and the merits of your appeal.