Calgary · Appeals
Appeals Lawyer
Two Types of Appeals
- Appeal of conviction: overturning a decision
After being convicted at trial, you have the right to appeal the trial judge’s decision to convict you. - Appeal of sentencing: amending a sentencing decision
Whether you have been sentenced after trial or after pleading guilty, you have a right to appeal the sentence imposed on you by the judge.
Hiring a Lawyer
Legal Support for Appeals
Hiring an experienced Calgary criminal defence lawyer is the best way to improve your chances of winning an appeal. At Muenz Criminal Law, we use our collective knowledge and experience to help our clients achieve the results they want at appeal.
Appeals
How we can help
If you have been convicted, we will help you by arguing the legal and factual errors made by the trial judge to a higher court. We know what a fair trial looks like. With us on your side, you can rest assured knowing we are defending your right to a fair trial.
We know that not all convictions should lead to jail time or even a criminal record. If your sentence is unfair or too severe, we can appeal your sentence and we will argue for a fair and more appropriate sentence.
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Find out how you can improve your case at Muenz Law Criminal.
Frequently asked
Questions we hear most.
Not automatically. The conviction and sentence normally remain in effect while the appeal is being decided.
A person sentenced to jail may apply for release pending appeal. Other parts of a sentence may also require a separate request to be suspended. The result depends on the strength of the appeal, the person’s circumstances and whether release would be contrary to the public interest.
An appeal must identify a significant legal or factual error. Possible grounds include:
- The judge applied the law incorrectly;
- The verdict was not reasonably supported by the evidence;
- Important evidence was wrongly admitted or excluded;
- The trial was unfair; or
- The sentence was clearly unreasonable.
A disappointing result, by itself, is not enough. The trial record must be reviewed to determine whether there is a proper ground of appeal.
Usually not. An appeal court generally reviews the trial record, including the evidence, transcripts and the trial judge’s decision.
It does not simply hear the case again because the accused disagrees with the result. New evidence is admitted only in limited circumstances.
Appeal deadlines are short. In many criminal cases, the appeal must be started within 30 days of the conviction or sentence.
The exact deadline depends on the court and type of appeal. If the deadline has passed, permission to file late may sometimes be requested, but it is not guaranteed. Legal advice should be obtained promptly.
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