The Role of a Toronto Criminal Lawyer in the Appeals Process
Case histories of those who have been wrongly convicted in the previous years are popping up all over the place. As someone who feel that he has been wrongly convicted, or even given a sentence far stricter than the criminal offense committed what are your options under the law? First and foremost, it is necessary to contact your Toronto Criminal Lawyer to begin what is known as the ‘appeal process.’
Knowing that you want to appeal a charge or conviction is not enough, however, it is essential to develop a clear understanding of what the appeal process entails and how exactly Toronto Criminal Lawyers can assist you. Some common questions surrounding the appeal process in the Canadian legal system include: What is an appeal? How does an appeal affect the person charged or convicted? How long does the process take?
Normally, the appeal process must commence within thirty days of the courts sentencing. This process is initiated by filing a document known as a “Notice of Appeal”. Subsequent to filing, a Toronto Criminal Lawyer must request a transcription of the court case and then file these transcripts with the Court of Appeals. Once the parties requesting the appeal have provided the courts with written arguments a hearing date will be provided.
For those individuals serving out a court ordered sentence, Toronto Criminal Lawyers can file an ‘application for bail pending appeal.’ The main purpose of this application, if successful, is to temporarily cease the defendants’ requirement to remain in jail until the appeal is determined.
Several elements must be considered when calculating the amount of time that will be necessary to carry out the appeals process. These can include: the level of court where the appeal is being started, the amount of time that elapsed completing the original trial, the circumstances of the appeal and the amount of time necessary for the initial appeal hearing.
Once a Toronto Criminal Lawyer has been given an opportunity to have the appeal heard the decision may either be instantaneous or ‘reserved.’ The later meaning that the courts require additional time to consider the fact presented before them.
The circumstances surrounding the original court proceedings are the determining factor in which court the appeal must be made to. For example: The majority of summary convictions (lesser charges) will dictate that the appeal must be filed in the Superior Court of Justice.
It is important for Toronto Criminal Lawyers to remind their clients that an appeal hearing is not a re-trial for their original charge but rather a means to establish the existence of what legal errors, if any, may have been made. The primary objective of an appeal is to determine how the final decision was made.
Speaking with a qualified and competent Toronto Criminal Lawyer will help you to determine if filing an appeal is the best course of action.
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It is important for Toronto Criminal Lawyers to remind their clients that an appeal hearing is not a re-trial for their original charge but rather a means to establish the existence of what legal errors, if any, may have been made. The primary objective of an appeal is to determine how the final decision was made.
Speaking with a qualified and competent Toronto Criminal Lawyer will help you to determine if filing an appeal is the best course of action.
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