As you may know, ‘Charter rights’ refer to the rights and protections you are guaranteed under Canada’s Charter of Rights and Freedoms. In criminal law, the most important Charter rights are found in sections 7 to 14, collectively called your ‘legal rights.’ They are called legal rights because they apply specifically to legal proceedings and interactions with the police. One of these Charter rights, …
Criminal Appeals Lawyers Pakistan
Are you dissatisfied with your verdict or sentence? Our Appeal Lawyers at Michael Oykhman Criminal Defence Lawyers can help you appeal any unfavourable judgement and right the wrongs.
Depending on your case, we may be able to achieve any of the following results for you on appeal:
- A new trial
- An acquittal
- A lesser sentence
- A cancellation or reduction of a firearms or driving ban
- A cancellation of a DNA order
Depending on your charges and where your original trial/sentencing hearing was heard, your appeal will either be heard in the Alberta Court of Queen’s Bench or the Alberta Court of Appeal. These courts are extremely strict about the timing, form, and length of your filed materials, and require absolute compliance with complicated procedural rules. In addition, every appeal involves the persuasive presentation of complicated legal arguments.
Your opponent in the appeal will be an experienced Crown Prosecutor who is skilled in research, writing, and oral argument. Don’t be outgunned at the appeal level.
We have several formidable appeal lawyers on our team, skilled in detecting any errors made by the judge or the prosecutor in your case. With a deep knowledge of the law, we carefully review the records of your trial and/or sentencing hearing and will identify any and all errors that were made when your case was decided. Using our excellent writing skills, we will make a persuasive written argument to the appeal court describing the errors made in your case, and why they should give you a more favourable ruling. We supplement that written argument by appearing in front of the appeal court and making thoughtful, accurate and persuasive oral submissions to ensure your best arguments are considered.
We ensure that your appeal is filed in the proper court, and complies with all the complicated filing deadlines.
An appeal is not a completely fresh new trial; with few exceptions, no evidence is heard. The judge or judges will decide your appeal based on the pre-existing record of your case which will consisted of a transcript of the trial r sentencing and any exhibits filed.
Criminal Appeals FAQs
Criminal Appeals
Can I get bail while my conviction is being appealed?
If you have been convicted of an offence and are being held in custody, you will remain in custody until your appeal is heard unless the court decides to release you on bail pending your appeal. To get to the court to consent to your bail while your matter is being appealed, notice of your appeal must already be filed with the court. You …
What happens at a criminal appeal?
An appeal is not a new trial where you are allowed to present your defence a second time with the hope of obtaining a different result. Rather, an appeal allows you to go before a higher court to argue that on the basis of the transcript and the evidence tendered at your first trial, that it is evident the trial judge made a legal …
Can I appeal a criminal conviction?
In Canada you can appeal a criminal conviction by appealing a finding of guilt, by appealing the sentence you received, or both. However, the appeal process in Canada is complicated and requires strict compliance with a large number of rules and procedures. As such, it is very important that you immediately seek the assistance of a criminal defence lawyer if you think you would …