YOUR RIGHTS: CRIMINAL APPEALS
If you have been convicted of a crime, it is not the end of the road. Despite the best efforts of those involved in the legal process, mistakes are made. As former Alberta Court of Appeal Justice, Roger Kerans explains:
A reviewing tribunal must correct error. Humans do not always work to capacity. Being Human, they err. Hence the idea of a review is open suggestion and determination.[1]
If you have been convicted, you may have been sentenced to a period of incarceration. In other cases, you may have received a fine, or been placed on a term of probation – which includes restrictive conditions. In either case, you will generally have a criminal record.
In some cases, you may seek to appeal your conviction. In other words, to argue that your conviction should be overturned. In other cases, you may seek to appeal your sentence, and argue that a lesser sentence should have been awarded. Appeals are generally made to the Alberta Court of Appeal. Thereafter, it is possible to seek leave to appeal further to the Supreme Court of Canada, which is the highest court in Canada.
Further, if you are currently incarcerated, you are also able to apply for judicial interim release – or bail – pending the determination of your appeal. In other words, you are able to apply to be released from custody for the time before your appeal is heard. This is an important step because, if your appeal is successful, this will mean that you have served time in jail, that you would have otherwise not be required to serve.
There are strict rules and guidelines that govern appeals. Most significantly, there are very short timelines for filing relevant documents and materials. Time is of the essence. The appeal process is also a very complex process. Appeals require a very thorough understanding of the law and the legal principles that may apply to your criminal appeal. Having an experienced criminal appeal lawyer will allow you to understand the process, and formulate a strategy, ensuring the highest prospects of success.
Craig Hooker Shiskin Criminal Defence has extensive experience in criminal appeals. We provide expert advice to prospective clients, at the outset, and a frank assessment of prospects of success on appeal. Thereafter, we have in-depth knowledge of the legal principles, and the law governing appeals, to ensure that compelling and thorough arguments are advanced and that you have the highest possible chance of success on appeal.
[1] The Hon. Roger P Kerans and Kim M Wiley “Standards of Review Employed by Appellate Courts” 2nd ed. (Toronto: Juriliber Limited, 2006) at p. 2
AREAS OF PRACTICE:
– Drug Possession and Trafficking Charges
– Firearms and Weapons Offences
– Violent and Sexual Offences
– Homicide Charges
– Property Offences (theft, break and enter)
– Impaired and Other Driving Offences
– Breach Charges
– Bail
– Summary Conviction Appeals (Court of Queen’s Bench)
– Conviction Appeals (Alberta Court of Appeal)
– Sentence Appeals (Alberta Court of Appeal)
– Applications for Leave to Appeal to the Supreme Court of Canada
– Conviction and Sentence Appeals (Supreme Court of Canada)
Our office is situated on Treaty 7 and Métis Nation of Alberta Region 3 Lands.
In the spirit of reconciliation, we acknowledge that we live, work and play on the traditional territories of the Blackfoot Confederacy (Siksika, Kainai, Piikani), the Tsuut’ina, the Îyâxe Nakoda Nations, the Métis Nation (Region 3), and all people who make their homes in the Treaty 7 region of Southern Alberta.
Criminal Defence Lawyer – Criminal Appeals Lawyer – Criminal Defence and Criminal Appeals Law
