If you have been convicted of a crime and either want to appeal the conviction or the sentence you have received, we can help.
As experienced criminal appeal lawyers, the lawyers at Friedman Mansour LLP can represent you throughout the process.
Our lawyers will carefully scrutinize your case and provide you with an opinion as to the merits of any potential appeal. We will look at the case from all angles, examining the evidence, the reasons of the trial judge, jury instructions and all other relevant material.
We will do everything we can to help you secure an acquittal, a new trial or a reduced sentence.
What is a conviction appeal?
A conviction appeal is lodged when you were convicted of an offence and believe that have reason to believe that you were wrongly found guilty of a criminal charge.
What is a sentence appeal?
A sentence appeal is lodged when you have reason to believe that the sentence you received for your conviction on a criminal charge was unfit.
Where will my appeal be held?
The location of your appeal hearing depends on whether the case against you proceeded by summary conviction or indictment.
If you were tried by summary conviction, your appeal will be heard in the Superior Court of Justice, before the summary conviction appeal court, in the same jurisdiction as your original trial. Accordingly, if your trial took place in Ottawa, your appeal will be heard in the Superior Court of Justice in Ottawa.
If you were tried by indictment or are appealing against a summary conviction appeal judgment, your appeal will be heard in the Court of Appeal for Ontario in downtown Toronto.
If you are appealing against the Court of Appeal ruling, it will be heard in the Supreme Court of Canada in Ottawa.
Will my appeal involve the same judge who originally sentenced me?
No. Appeals are not heard by the same judge or level of court as your original trial.
At the Ontario Court of Appeal, your case will be heard by a panel of three (in rare cases, five) judges.
What are the conditions for the basis of my appeal?
If you do not agree with your conviction or the judge’s sentence, it does not mean that you have an automatic basis for an appeal.
There are certain conditions that apply before you can challenge a judge’s decision and lodge an appeal.
These include the belief that the judge has:
- Erred in the application of the law
- Misapprehended the facts of the case, or
- Erred based on a combination of the above
We will carefully review the trial record to determine if you have a possible conviction appeal.
In all types of appeals, your role will be mainly as an observer. In most cases, your appellate lawyer will handle the process and no testimony will be required from you or anybody else.
What are the Possible Outcomes of a Successful Appeal?
There is no guarantee of success with an appeal, and they tend to be expensive and time-consuming.
The experience of a seasoned appellate lawyer is key to providing your best possible chance of demonstrating that the decision of the original court was erroneous.
A successful appeal will result in one of the following outcomes:
Order a new trial
It is possible that the appeal court will order a retrial because a legal error was made or the trial was not conducted in a fair manner. A new trial would be held before a different judge, in the original jurisdiction.
Sometimes, the Crown decides that it is not in the public interest to prosecute again and the charges are withdrawn.
Order an acquittal
In some cases, the Court of Appeal may quash the original conviction and substitute an acquittal. This means you will not have a criminal record and there will be no penalty imposed.
Vary the sentence
The third outcome of a successful appeal is a varied or reduced sentence. This may result in a shorter jail term, a conditional sentence (house arrest) or even a discharge.
What should you do next?
You have only 30 days after you are sentenced to serve and file a Notice of Appeal. Time is precious and you need to start the process as soon as possible.
This requires a lawyer who understands the appeals system in Ontario and recognizes when you have a strong case for an appeal.
An appellate lawyer at Friedman Mansour LLP can assist with your appeal. Moreover, we may be able to help suspend the original punishment handed down by the judge until your appeal is heard.
We may also be able to assist with bail pending appeal and suspend ancillary orders, such as the suspension of your driver’s license or probation during this period.
If you wish to appeal your conviction or sentence, contact us for a free consultation.
We will consider your case and be able to offer advice and guidance on whether you have a strong basis for an appeal.
Conspiracy to traffic 10+ kg cocaine
Impaired driving, Over 80
Possession of a prohibited firearm with readily accessible ammunition
Child pornography cases
Possession and importation of child pornography
Domestic Assault Charges
Domestic assault causing bodily harm
Fraud/White collar charges
All Charges Were Stayed
Fady took very good care of me, keeping my best interest in mind and supported me throughout the process. I am very thankful for his help and would absolutely recommend this office and specifically Mr. Mansour.
Excellent and precise communications skills. Very clear on what my position was, what the legal actions available were, and what his strategy would be to address the situation. And precise execution. He assured me of my rights and position every step of the way. Made me feel totally comfortable with my rights, and let me continue with my life. Highly recommended.
Fady recently represented me in a legal matter during one of the most difficult periods of my life. From the onset, Fady was professional, supportive and reassured me that he would do all he could to ensure a positive outcome, which was achieved. Thank you to Fady and team for your hard work and support!
Solomon is an excellent Lawyer, top in the field of firearms legislation. Would definitely invest time and money for his expertise. Thank you Solomon for first, taking my case and second, supporting a injured veteran.
The night I was charged with assault after a night out drinking was the worst night of my life. As a police officer, an off duty assault conviction would have jeopardized my career. I have worked closely with lawyers my entire nine year career. Either directly with Crown on a case or through cross-examination by defence counsel and after a few minutes of speaking with Solomon shortly after my arrest I knew his knowledge and ability to articulate legal principles were unmatched. He spent nearly an hour on the phone with me gathering facts and providing clear instructions. Throughout the process he kept me updated as to what was going on and I was extremely impressed with his handling of my case. Solomon did his homework on the accusers and witnesses and prepared an unbelievable defence which ultimately led to the charge being dropped on the first day of trial and allowing me to continue my career as a police officer. I’d recommend Solomon to anybody who is in need of expert legal defence.