EXPERIENCED APPEAL LAWYER TORONTO

If you are unsatisfied with a court ruling and believe the judge who issued the verdict made an error, overlooked the facts, there was an introduction of new evidence or a combination of these factors, you should consult an appeal lawyer immediately, as you may have grounds for filing an appeal.

Appeals enable a higher court to look into a decision and all underlying facts and evidence to decide whether or not the decision was made in accordance with the law. If you believe your decision was incorrect, an appeal lawyer can assist you.

A skilled appeal lawyer can present your case to an Ontario Court of Appeal, even to the Supreme Court of Canada.

If you have been convicted of a crime in the Toronto area, you need the help of a knowledgeable and experienced appellate lawyer. Posner, Craig, and Stein (PCS) lawyers are among Toronto’s most experienced and well-known appellate lawyers. Working with experienced appeal lawyers increases the chances of a successful outcome. We have a well-established appellate practice.

Facing a criminal conviction is a frightening and life-altering experience.  Entrusting PCS with your case means you will have an exceptional and trusted ally throughout the appeals process.

We understand the devastating impact of a criminal record and, in some cases, a lengthy jail sentence.  Criminal convictions also come with ancillary court orders like DNA orders, lengthy probation terms, weapons prohibitions, and other conditions restricting your liberty and privacy rights. Our lawyers understand how important winning your appeal is to you and your family, and we are deeply committed to pursuing that goal.

It does not mean your case is over if you have already been convicted of a criminal offence in Toronto. You still have the opportunity to appeal your conviction and/or your sentence. The lawyers at Posner Craig Stein have decades of combined experience conducting complex and challenging appeals.

Our lawyers regularly conduct appeals at the Court of Appeal for Ontario and the Summary Conviction Appeal courts throughout the province.  We also have experience arguing appeals in the Supreme Court of Canada.  Our cases are reported in legal journals and frequently cited by judges when they make decisions in other cases.

Filing an appeal is an extremely specialized procedure. Focus, and the capacity to recognize important issues are required for assessing large volumes of documentation and identifying grounds for appeal.

Our appeal lawyers handle a wide range of appeals, including:

• Applications for judicial review include appeals and reviews of various boards and tribunals.
• Criminal appeals are filed to guarantee that justice is done and to ensure any errors or inequities in the lower court’s decision are corrected.

An appeal does not result in a retrial of your case. All of the evidence presented by the witnesses during the trial (including testimony transcripts) or any tangible evidence entered (like exhibits) is reproduced.

The question resolved during the appeal is whether the judge followed the law correctly and made the ruling he or she was supposed to. Under typical circumstances, an appeal court doesn’t hear witnesses or receive additional evidence. Generally, the appellate court doesn’t interfere with a judge’s credibility judgments (for example, whether the trial judge accepted or did not accept a witness statement). There are, of course, exceptions to this.

The court process includes lawyers presenting legal arguments, also known as submissions. The process ascertains whether the judge’s ruling at trial was appropriate in how he or she interpreted the law concerning the facts presented to them.

The court can consider new evidence during an appeal (“fresh evidence”); nevertheless, the power to present additional evidence is limited. The appellate court looks at the following facts when deciding whether to accept fresh evidence: if the trial lawyer was duly diligent; if the fresh evidence constitutes significant and reliable evidence; and if the fresh evidence could have influenced the verdict if it had been presented to the trial court.

Posner Craig Stein will review the transcripts from your trial in Toronto with scrutiny to properly develop the arguments that are most likely to succeed at your appeal. Our trial and appellate experience helps us uncover errors and miscarriages of justice.

Our vast knowledge of the law and our close examination of the trial transcripts from your trial allow us to spot the issues and create powerful and creative legal submissions.  Examples include arguments that the trial judge made a serious error by admitting an item of evidence, instructed the jury incorrectly, or came to an unreasonable verdict.

In some cases, we may attempt to introduce fresh evidence to demonstrate that your conviction was unjust.  Sometimes, our clients want to appeal their sentences, and our lawyers have extensive experience.

Written advocacy is key to winning your appeal, and PCS’s written work is polished and persuasive.  It has been honed over years of preparing written submissions in many tribunals throughout the province and at all levels of court, including in the Supreme Court of Canada. When it comes time to argue your appeal, we will be fully prepared to make the most compelling arguments in your favour.  Our firm will exhaust every avenue to overturn your conviction or reduce your sentence.

An experienced criminal lawyer can help you file a conviction appeal. Below are the possible outcomes of a successful criminal appeal:

If the trial court concludes that the trial judge committed legal errors or your trial wasn’t conducted properly, the appellate judge (or judges) can order a fresh trial. The appellate court will overturn a conviction and retrial before an alternative judge. It will be up to the Crown to decide whether or not to re-prosecute the offence. In some situations, the Crown might decide that re-prosecuting the case is no longer in the public’s interest and withdraw the allegations instead of re-prosecuting the crime.

If the appeal court determines that the evidence presented does not reasonably support a conviction, it might vacate the decision and request that a finding of not guilty or acquittal be issued. This happens more rarely than a fresh trial being ordered.

If the appeal court believes that the punishment imposed by the trial judge was excessive or that the judge made a legal error at the time of sentencing, the sentence could be reduced. The Ontario Court of Appeal can order that you serve your sentence in the community. The appeal court can also remove any additional ancillary orders that form part of your sentencing. The orders include DNA submission, weapons prohibitions, restitution to the victim, fines, or probation.

The cost of filing an appeal may differ based on whether you file a summary conviction appeal or an appeal to the Ontario Court of Appeal. The cost will also depend on the length of the trial and the complexity of the legal issues involved. An appeal will likely be more expensive if you seek to have the appeal court accept new evidence. You will have to pay some costs upfront, including the cost of trial transcripts. The court reporter records every word spoken in court. The appeal court will require all copies of trial transcripts to make a decision in a case.

For a conviction appeal, the entire trial transcript is required. The appeal court can decide the matter using only certain transcripts for a sentence appeal.

If you or your loved one needs help during the appeal process, you need a lawyer with an established appellate practice to guide you. You should seek appellate counsel as soon as possible because the clock could already be ticking on the appeal timeline.

Below are the frequently asked questions about criminal appeals:

An appeal is a process whereby a higher court reviews the decision made by a lower court. The purpose of an appeal is to determine whether a trial was fair and whether it was conducted lawfully. Criminal appeals usually involve the possibility that the judge made an error when ruling or applying the law. The judge could also have overlooked some facts in your case.

Under certain circumstances, appeals can also help in determining if the judge correctly reviewed the evidence presented at trial. The Ontario Court of Appeal will also determine whether the presented evidence is sufficient to convict. Some appeals could also be based on inadequate legal representation in court. You can appeal if you are unjustly convicted or your sentence is manifestly unfit.

An appeal against a conviction questions whether the defendant should have been considered guilty at trial. An appeal against a sentence challenges the type and length of a judge’s sentence after a conviction.

Those who wish to appeal their case can appeal the conviction, the sentence, or both.

A summary conviction appeal involves reviewing the decision made by the provincial court judge whereby the Crown decides to proceed to by way of summary proceeding or when the criminal law requires a summary proceeding. The Crown often chooses a summary proceeding if the case is less serious. A summary proceeding can also result if the crown seeks a lighter sentence at the end of the trial.

Appeals from summary convictions are heard before a judge of the superior court of the jurisdiction in which the trial occurred.

For example, if the trial is held in Toronto, the appeal will be heard in the Superior Court located at 361 University Avenue in Toronto.

For more serious offences, the Crown may decide to prosecute, or the criminal law may require the offence to be dealt with by way of indictment (e.g., murder, kidnapping, robbery).

In Ontario, these appeals are heard in the Ontario Court of Appeal in Toronto, irrespective of where the proceeding or ruling took place in the province. A three-judge panel hears appeals presented to the Ontario Court of Appeal.

Summary and indictment appeals allow you to appeal after conviction. However, strict deadlines for filing an appeal apply. The deadline is usually 30 days from the date of sentence. In many summary convictions and guilty pleas, conviction and sentencing occur on the same day. It is possible to appeal outside the 30 days, but special permission must be obtained from the appellate court.

Even when your appeal is before the court, you can still obtain bail. This is known as bail pending appeal. A bail pending appeal needs you to bring a separate motion before the court that is handling your appeal. The appellate court must be content with the following:

• Your appeal is not frivolous
• The bail is not opposed to the public interest. This is particularly crucial in offences that have a long imprisonment
• You will surrender yourself on or before the hearing date

It can take several weeks to prepare for bail pending appeal. It is crucial to commence the process immediately by preparing the motion after the judge registers a conviction. You should not wait until the judge imposes a sentence.

If you need reliable appeal lawyers to help you launch an appeal, we can help. You can also count on us if you wish to respond to an appeal launched by the Crown. Our appeals lawyers have handled hundreds of appeals in Ontario. We can help you appeal your case to overturn your unfair conviction or extreme sentence.

Our appeal lawyers will also work to have any ancillary orders removed. More importantly, they are versed in criminal law and bail pending appeal. They will try to ensure that you do not spend time in jail as you await the ruling of the appellate court. We have what it takes to handle all your appellate needs. We fully understand the justice system and can handle indictable appeals, conviction appeals, or any other case.

Please contact us to set up a confidential meeting today. Put your trust in the Posner Craig Stein appellate practice. We have handled thousands of cases all across Ontario. Our team of experienced, skilled, and dedicated appellate lawyers will work to protect you. We provide free consultation to enable us to understand your case and match our legal services to your needs. Strict time limits apply to appeal cases. You should contact us as soon as possible.