Appeals are an important avenue to address legal errors made by the trial judge in both judge alone trials and jury trials. The justice system is not perfect. Innocent people are sometimes convicted at trial.
Our office often receives referrals from other competent criminal lawyers to represent their former clients that have been convicted and want to appeal their conviction and or sentence.
As appeal lawyers we provide the client with a fresh perspective on the case. We use our expertise to thoroughly review the court record to determine whether there is merit to the conviction and or sentence appeal. In appropriate situations where the client has been sentenced to jail, we will work with the client to obtain bail pending appeal.
Trials are either conducted by a single judge or by judge and jury.
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To properly assess the strength of an appeal, it is important to have a copy of the entire trial proceedings including any rulings and exhibits.
The objective of an appeal is to demonstrate to the higher court that the trial judge has made an error in their ruling or legal instructions to justify a new trial or an acquittal or a reduced sentence.
Recently, our office successfully appealed the conviction by a jury of an individual for sexual assault. It was argued that the complainant’s evidence was seriously flawed and the trial judge’s jury charge failed to sufficiently identify to the jury the legal significance of the frailties in her evidence. The Ontario Court of Appeal granted the appeal, overturned the conviction and entered an acquittal.