Time Limits for Appeals: Act Swiftly!
Ensure you file your appeal within 30 days of being convicted or found guilty. Failure to meet this deadline might jeopardize your chance to appeal. Consult a lawyer at Smyllie Law immediately after the decision to understand the necessary steps.
Why You Need Legal Representation?
Appeals are intricate processes governed by strict rules and deadlines. Attempting to handle your appeal on your own can have severe consequences. It’s strongly advised to consult one of our experienced lawyers at Smyllie Law to navigate the complexities of your case effectively.
Determining the Appropriate Court:
The court to which you appeal depends on whether your trial was conducted in the Court King’s Bench or the Provincial Court, and whether proceedings were conducted “summarily” or “by indictment.” Seek clarification from court clerks or your legal representatives to determine the correct appellate jurisdiction.
Grounds for Appeal: Errors of Law and Mistakes of Fact
Appeals generally revolve around errors of law (incorrect legal decisions) or mistakes of fact (getting the facts wrong or deciding what to believe). Understanding these distinctions is crucial, as they impact the review process and the likelihood of a successful appeal.
What to Expect During an Appeal?
An appeal is not a retrial but a review of the existing trial record. This includes transcripts and exhibits. Written legal arguments are submitted, followed by oral hearings where arguments are presented. The decision-making process might take several months before a ruling is delivered.
Potential Outcomes: New Trial or Acquittal
Winning an appeal often leads to a new trial in the same court. In rare instances, an appeal court might find you not guilty, especially if crucial evidence was wrongly admitted, significantly impacting the case against you.
Hiring an Appeal Lawyer: Your Key to Success
If you’re considering an appeal, it’s crucial to consult a lawyer immediately. Smyllie Law’s experienced lawyers specialize in conducting appeals and providing expert advice. Contact our office today for a free consultation to discuss your case in detail.