If you are seeking an appeal after a criminal case decision, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

A criminal appeal is a legal process that allows people convicted of crimes to challenge their convictions or sentences. In Canada, the right to appeal is protected under the Criminal Code of Canada, specifically in sections 675 to 693.3.

Criminal appeals are a procedural right given to those who believe there was an error in their trial or that their sentence was unreasonable.

There are strict time limits for filing appeals. For most convictions, you must file a Notice of Appeal within 30 days of the conviction or sentence.

If an appeal is successful, the result might be a new trial, an acquittal (finding of not guilty), or a reduced sentence. If unsuccessful, the original conviction and sentence will stand.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft effective strategies for criminal appeals. 

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • Criminal appeals are legal procedures allowing people to challenge their convictions or sentences.
  • The right to appeal is protected under Sections 675-693.3 of the Criminal Code of Canada.
  • There is a strict 30-day deadline to file a Notice of Appeal after conviction or sentencing in most cases.
  • Appeals can be based on legal errors at trial, unreasonable verdicts, or inappropriate sentences.
  • Appeals can succeed. Possible outcomes include acquittal, reduced sentence, or a new trial.
  • The success rate varies depending on the grounds for appeal, but many convictions are overturned annually.

How Our Criminal Appeal Lawyers Can Help

  • Our lawyers can carefully read through your trial transcripts and court records to find legal mistakes that someone else could miss. 
  • We can make strong legal arguments that focus on the best reasons for an appeal and explain the problems in a way that appellate judges can understand. 
  • We can understand the hard legal tests that appeals courts use, and we can find cases that are similar to yours to help your case.
  • We know how to meet the strict deadlines and meet the formats set by the Alberta Court of Appeal, and the Supreme Court of Canada. We can make strong cases in front of appeal judges, answering tough questions while staying focused on the most important points.
  • Most importantly, we can be honest with you about your case and tell you how likely it is to succeed and what the best way to appeal is based on the facts of your conviction.

Examples of Criminal Appeals

Here are some times when someone might file a criminal appeal:

  • A person was found guilty of fraud based on financial records, but their appeal lawyer learns that the Crown didn’t give them some evidence that could have proven her innocence before the trial. She says this took away her right to a fair trial and wants to appeal.
  • Even though the man was found guilty of assault, the judge told the jury the wrong thing about the law on self-defence. They are appealing because they believe that this mistake in the law may have changed the outcome.
  • Someone who sold drugs got three years in prison. He believes that this punishment is too harsh compared to others like it and is asking for it to be changed because it is unfair or unreasonable.

Understanding Criminal Appeals in Calgary  

A criminal appeal is a legal way for someone who has been found guilty of a crime to fight their conviction or sentence.

  • If you win your appeal, your conviction could be thrown out completely (meaning you are not guilty), your sentence could be changed, or you could get a new trial. 
  • If your appeal is turned down, you will have to serve the sentence that was given to you. The original conviction and sentence will stand.

There are some costs that come with appeals. These costs could include your lawyer’s fees and court filing fees. 

While you wait for the results of your appeal, you can ask for “bail pending appeal” to stay out of jail. There are many factors that can affect whether this is granted, such as how strong your appeal is and whether you are seen as a flight risk or a threat to the public.

Grounds for Criminal Appeals

You need strong legal reasons to win an appeal that questions a conviction or sentence. An appeal isn’t a chance to try your case again, it’s a chance to find specific legal mistakes that changed the outcome. 

Here are some common reasons why a criminal appeal might be successful:

  • Mistake in Law: One of the reasons to appeal is if the judge made a mistake about the law that changed the trial’s outcome. This could mean giving the jury the wrong information about legal information. If a judge told the jury they could look at evidence that should have been thrown out, for example, this could be a mistake in the law. 
  • Charter: You can appeal because of Charter violations. For example, if the police searched your house without a valid warrant, they may have broken this law. If charter violations are bad enough to make a trial unfair or damage the reputation of the justice system, they can cause evidence to be thrown out or the case to be put on hold.
  • Unreasonable Verdict: An appeal based on an unreasonable verdict says that the evidence presented at trial couldn’t reasonably support a finding of guilt. This reason doesn’t mean that the judge made a mistake in the law. It says instead that a fair jury or judge who had been given the right information couldn’t have come to the same conclusion based on the evidence. If the Crown’s case was based only on circumstantial evidence with holes in it, or if there were big contradictions in testimony that weren’t addressed, you could say that the verdict was unfair. It’s hard to win this kind of appeal because appellate courts put a lot of weight on what the trial court found to be true and how believable the witnesses were. The question is whether a jury that was given the right instructions and acted fairly could have come to the same decision.

The Criminal Appeal Investigation Process

The main purpose of criminal appeals is to find out if there were any mistakes made in the law during your trial. 

  • The first thing our lawyers would do is get the whole trial record and read it very carefully. This includes the judge’s orders and decisions, all of the evidence that was shown in court, and all of the witness statements. 
  • Our team will look for certain legal errors, like letting in evidence that shouldn’t have been, telling the jury the wrong thing to do, or violating your rights. We can also review the choices your trial lawyer made and the chances they may have missed.
  • Your Strategic Criminal Defence lawyer will look into any new evidence you have in your appeal. WE may even get new expert opinions or witness statements to help your appeal. 
  • Our lawyers will also look into other cases and legal precedents that support your case. During this investigation, we can write the best possible arguments to convince the appeal court that errors were made that changed the outcome of your case.

Frequently Asked Questions

You usually have 30 days from the time you are sentenced or found guilty to file your Notice of Appeal. This timeline is the same if you want to appeal a conviction, a sentence, or both.

Yes, you can sometimes add new evidence to an appeal, but the courts make it hard to do so. Appellate courts are careful about looking at it because our legal system values decisions that are final.

The appellate court may order a full acquittal if they find that the evidence wasn’t strong enough to support a conviction or that there was a serious legal mistake that can’t be fixed with a new trial. This means that you are no longer guilty in the eyes of the law. 

Sometimes the court will decide to have a new trial instead. This means that the trial court will hear your case again, and sometimes they will give specific instructions on how to fix the mistake that was made the first time.

If you win a sentence appeal, the court will change your sentence to what they think is fair. You won’t have to go through a new trial for the charges; you’ll just get a new sentence.