Appeals Lawyer In Toronto

If you need to launch an appeal of a criminal court decision or are responding to an appeal launched by the crown, call our experienced appeal lawyers to discuss your strategy.

If you have been found guilty of a criminal offence, Bytensky  Shikhman can help you appeal that decision and get your conviction overturned. Bytensky Shikhman Criminal Lawyers have experience with applications for bail pending appeal, summary conviction appeals to the Superior Court of Justice, indictable appeals to the Ontario Court of Appeal, and appeals to the Supreme Court of Canada. BSB criminal lawyers are often sought out by other counsel who feel that their clients have been unjustly convicted at the trial level. Our lawyers can also assist you in appeals to reduce your sentence

Whatever your appellate needs, Bytensky  Shikhman can assist you in getting a second chance before the justice system. The law places strict time limits on the filing of most types of appeals (often 30 days or less) so you are urged to arrange an appointment with us as soon as possible after a conviction.

Our appeal lawyers make every effort to answer your questions promptly and personally – you will not be shuffled around through layers of staff. When our lawyers are in court, our office staff will respond to your concerns immediately and professionally. Bytensky  Shikhman welcomes the opportunity to be your Toronto Criminal Lawyers. Don’t waste time, call now to consult with us.

 

FAQs

What is an appeal?

During your trial, it’s possible to get an outcome that you were not expecting or hoping for, including a conviction or jail sentence. When this happens, you can request a higher court to review the criminal court’s decision by launching an appeal. A criminal defendant can appeal a conviction or a sentence through the Ontario Court of Appeal (indictable appeals) or the Supreme Court of Justice (summary conviction appeals). Note that the prosecution can also launch an appeal.

An appeal is not a new trial, and, with certain exceptions, no “new” evidence is introduced. The appellate court reviews your trial’s transcripts and the ruling made to determine if the presiding judge made any mistake. In order to increase your chances of a successful appeal, it’s requisite to retain an experienced litigator. They’ll help you identify any factual or legal errors made during your trial, building a solid foundation for your appeal.

Call us today for a free consultation.

Can I appeal my criminal conviction?

In Canada, it’s possible to appeal your criminal conviction, sentence, or both. Although this is a right afforded to every individual in Canada, in some cases, you have to obtain a court’s permission, otherwise known as leave to appeal, to launch your appeal.

The criminal appeal process is quite complex and requires the expertise of an experienced criminal defence lawyer to navigate. Contact Bytensky Shikhman to assess the merit of your case and provide rigorous representation.

What happens at a criminal appeal?

During a criminal appeal, the judges go through the transcripts and evidence from your first trial to find evidence that the decision rendered by the trial judge was unfair or unreasonable. For example, you may argue that the judge misapplied the law or that the sentence imposed is unrealistically harsh compared to the crime. The appointed judges go through the details of your previous case to determine if your appeal is valid and make a decision based on their findings.

Since it’s not a new trial, the appeal court doesn’t accept new evidence, except in infrequent circumstances. If the court accepts new evidence and finds it credible and relevant to your case, they may order a new trial.

To kick start your appeal and to learn more about the process, feel free to call our appellate lawyers in Toronto.

Can I get bail during my appeal?

As you await your appeal hearing, it’s possible to be granted bail. This is called bail pending appeal, and it requires you to file a separate motion with the court hearing your appeal. The court considers the following before granting your bail request:

  • There’s a fair chance that your appeal will be successful. If your appeal is frivolous or there’s no reasonable possibility of success, the court will deny your bail.
  • Granting you bail will not defy public interest. This is one of the most important elements considered by the court. If you were convicted of a serious crime, or you’re a repeat offender, the court will not release you on bail pending your appeal.
  • You will avail yourself in court during your appeal hearing. If the court believes that you’re a flight risk, you might not get released on bail.

A bail pending appeal hearing is quite complex and very vital to your appeal hearing. This is why it’s essential to consult an experienced appellate lawyer in Toronto to help you file your motion early and correctly.

Contact Bytensky Shikhman for a free evaluation of your case.

What is the difference between a conviction appeal and a sentence appeal?

A conviction appeal is made to challenge whether the accused should have been found guilty or not guilty of an alleged offence. One example that can be a basis of a conviction appeal is when the evidence provided by the prosecution is incapable of proving and supporting a criminal offence.

On the other hand, a sentence conviction challenges the form and length of punishment imposed upon conviction for a crime. In such an appeal, one may argue that based on the evidence provided for an alleged offence, the sentence imposed is unreasonable and overly harsh.

If you’re looking to appeal the case, you can challenge either conviction or sentence or both at once. Both appeals are complex as one has to dig through the trial transcripts to find any factual or legal errors made by the judge, which form the basis of your appeal. It’s crucial to seek the guidance of an experienced lawyer to help you start your appeal.

Feel free to call us at 416-365-3151, and we’ll help you with every step of your conviction or sentence appeal.

What is a summary conviction appeal?

In hybrid offences, the prosecution may choose to proceed by summary conviction, or the Criminal Code may require such an offence to be prosecuted summarily. Summary convictions are reserved for less serious crimes that carry minimal jail terms, among other penalties.

A summary conviction appeal is a challenge against a verdict or sentence resulting from a summary conviction. One judge hears these appeals at the Superior Court of Justice within the same jurisdiction where your trial took place. If you want to appeal a Superior Court decision on your summary conviction appeal, which rarely happens, you can do so at the Ontario Court of Appeal, with leave of the court.

What Is an indictable appeal?

Indictable offences are serious crimes that carry severe penalties upon the finding of guilt. All appeals for indictable offences are held at the Ontario Court of Appeal before a panel of 3 or 5 judges. As stipulated by section 686 of the Criminal Code, the Ontario Court of Appeal only accepts conviction appeals if the verdict imposed is unreasonable, a legal error was made, or justice was administered unfairly.

Are there any time limits to make an appeal?

Appeals should be filed within 30 days from the day of sentencing. Therefore, it’s advisable to file your notice of appeal immediately after your conviction, even if you’re yet to retain an attorney. In some cases, however, it’s possible to launch an appeal after the 30-day window. For example, if you’re in custody, the court can accept your notice of appeal up to 6 months after sentencing, provided you explain the delay.

Can other court orders, like driving prohibitions, be suspended during my appeal?

After a conviction, the sentencing judges usually impose ancillary court orders, such as driving prohibitions for impaired driving cases and registration as a sex offender for sexual assault offences. When you appeal your conviction, your appellate lawyer can help you get these orders lifted until your appeal hearing. This is usually done through a separate motion.

What are the possible outcomes of an appeal?

There are several possible outcomes of an appeal:

  • Acquittal

If the appeal court finds that the verdict issued was unreasonable, they will enter an acquittal. This means that the court will overturn your conviction and issue a not-guilty ruling. This is the best possible outcome in an appeal.

  • New trial

If the court of appeal is convinced that the judge made a legal error during your trial or found other issues that suggest the trial was not conducted properly, they’ll order a new one. When this happens, your conviction will be lifted, but you’ll still be facing criminal charges until your case is retried and a verdict is reached.

  • Appeal dismissed

If the reviewing court determines that the trial was fair and the verdict reached by the trial judge was reasonable based on the evidence and arguments presented, your appeal will be dismissed. This means that the trial judge’s verdict and sentence will stand.

  • Varying sentence

If you filed an appeal for your sentence, the court might impose a new sentence that is more or less severe. Also, certain ancillary court orders that the trial judge issued with the penalty may be removed or reduced. In other words, any punishments imposed during your sentencing, including jail time, could be removed, reduced, or increased.

  • An acquittal is substituted for a finding of guilt.

If the prosecution files for an appeal after the trial court acquits you, the appeal court may review the evidence presented and determine that the judge made a mistake. In such a scenario, the appeal court will vacate your acquittal, submitting a verdict of guilt. This is one of the rarest outcomes, but you are guaranteed a right to appeal to the Supreme Court if it occurs.

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Recent Articles About Appeals

Toronto Criminal Lawyer Edward Prutschi Discusses Forcillo’s Chances of Appeal

Back in 2013, a young man named Sammy Yatim was acting erratically on a streetcar, exposing himself to young girls and holding a knife. The...
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How Ed Prutschi Advises Clients About Deciding To Appeal

Ultimately, the client decides whether to appeal, but we always lay out the points that they need to consider. One point is the length of...
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Basis For An Appeal & How Appeals Differ From Typical Trials

Edward Prutschi explains the basis for an appeal and how appeals differ from typical trials. When people contemplate an appeal, they believe that the only...
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Why Trial Lawyers May Refer Cases To Another Lawyer For The Appeal

Edward Prutschi explains why trial lawyers may refer cases to another lawyer for the appeal. It’s not at all uncommon within the legal field for...
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What Happens To The Plaintiff While A Case Goes To Appeal

Edward Prutschi explains what happens to the plaintiff while a case goes to appeal. Most appeals take at least a number of months, if not...
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Time Limits And First Steps In Proceeding With An Appeal

Edward Prutschi explains the time limits and first steps in proceeding with an appeal. In your typical appeal, you have 30 days from the time...
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Trial Lawyers Need To Be Aware Of The Basis For Appeal

A good trial lawyer will be very alive to errors that a judge is making in the course of a trial, though in the midst...
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If you or someone you know has been charged with sexual assault, you are invited to contact us to arrange for an initial client interview.
One of our experienced lawyers will sit down with you to discuss your case and give you a preliminary assessment of its strengths and weaknesses.

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