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If you find yourself convicted of a criminal offence or facing a severe penalty, it may seem as though all options have been exhausted. However, this is not the case. You retain the right to appeal your conviction or sentence to a higher court, offering an opportunity to contest the outcome of your case. However, appealing a criminal decision is not easy. You need an experienced criminal appeal lawyer who can help you navigate the complex and technical process of appealing a criminal case.
At Fedorowicz Criminal Law, we have the expertise and the dedication to handle your criminal appeal. Richard Fedorowicz, who has been practicing criminal law for over 20 years, has successfully represented clients in various types of criminal appeals at the different levels of court.
A criminal appeal is a legal process where you ask a higher court to review the decision of a lower court in your criminal case. You can appeal either your conviction (the finding of guilt) or your sentence (the penalty imposed), or both. An appeal is based on the record of what happened at the trial court, including the transcripts of the testimony, the exhibits and the rulings made by the trial judge.
The purpose of an appeal is to correct any legal errors that may have occurred during the trial or sentencing that affected your rights or the fairness of the process. A legal error can be anything from a wrong interpretation of the law, a wrong admission or exclusion of evidence, a wrong instruction to the jury, a wrong assessment of the facts, a wrong application of the sentencing principles or any other mistake that had an impact on the outcome of your case.
The type of criminal appeal you can bring depends on how your case was prosecuted by the Crown. If the Crown proceeded by indictment (the more serious mode of prosecution), you could appeal your conviction or sentence to the Court of Appeal for Ontario in Toronto. If the Crown proceeded summarily (the less serious mode of prosecution), you could appeal your conviction or sentence to the Superior Court of Justice in any judicial district in Ontario.
However, before you can bring an appeal, you must consult a criminal appeal lawyer and file a notice of appeal within 30 days of your conviction or sentence. A notice of appeal is a document that states that you are appealing, what you are appealing (conviction or sentence or both) and on what grounds (the reasons why you think there was a legal error).
After submitting your notice of appeal, it is crucial to depend on the expertise of an experienced appeal lawyer who will diligently prepare and file your appellant's factum. A factum is a written document that sets out your arguments for why the lower court's decision should be overturned. It must also include references to the record and authorities (such as cases and statutes) that support your arguments. The Crown will also file its respondent's factum, which will respond to your arguments and try to justify why the lower court's decision should be upheld. You will have an opportunity to reply to any new points raised by the Crown in its factum.
After both parties file their factums, the appeal will be scheduled for a hearing before a panel of judges (usually three) at the appellate court. At the hearing, lawyers of both parties will have an opportunity to present their oral arguments and answer any questions from the judges. The hearing may last from 15 minutes to several hours, depending on the complexity and number of issues raised on appeal.
After hearing both parties' arguments, the appellate court will make its decision on your appeal. The decision may be given right away at the end of the hearing or reserved for later and delivered in writing. The possible outcomes of a criminal appeal are:
Richard Fedorowics has extensive experience and expertise in handling criminal appeals. He has successfully represented clients in various types of criminal appeals involving offences such as murder, sexual assault, drug trafficking, impaired driving, fraud, robbery, firearms and more. He has also successfully challenged mandatory minimum sentences, unreasonable verdicts, Charter violations and other legal errors that affected his clients' cases.
He is committed to providing his clients with high-quality legal representation and personalized service. He will work closely with you to understand your case, identify your goals and develop a strategy for your appeal.
Appealing a criminal decision is not a simple or straightforward process. In order to excel in this task, one must possess a comprehensive understanding of the legal framework, meticulously examine the available evidence, adeptly construct a persuasive legal document, and deliver a self-assured and compelling argument.
It also requires an understanding of the appellate court's role, standards and expectations. Not every legal error will result in a successful appeal. You must be able to show that the error was not harmless or trivial but that it had a material effect on the outcome of your case.
A criminal appeal lawyer can:
Richard can help you with all of these procedures to maximize your chances of winning your appeal.
Richard Fedorowiz is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.Contact Us
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