Understanding the Criminal Defense Appeal Process
In case you are convicted of a criminal offence, would that be the end of the game for you? Of course not. If this ever happens to you the best thing for you to so will be trust the skills of a reputable and skilled as well as experienced appeal attorney. Whatever the case you will be charged with, you are permitted to appeal the sentence and conviction to a higher case.
Will an appeal keep you from going to jail?
In a nutshell, no. Appealing your case will not prevent you from going to jail from the initial trial of your sentence. What it will do is overturn the conviction and the sentencing and you will be released from the original result of the case. In the appellate courts, the judgment you received could actually either be reversed or modified. This could release you from incarceration or it could also reduce your sentence. The appellate process will be available to you, but you should be advised that it will be a very lengthy, as they often are, as well as expensive process, you have to be patient.
Before the criminal defense agrees to appeal your case, they will first evaluate it in order to determine the potential of a successful outcome. This evaluation will save you money as well as time of an expensive appeal.
One area that it is important to appeal is for drug trafficking charges in Ontario due to the high conviction rates and long sentences.
How does the appeal work?
Your attorney will begin with filing a criminal appeal case or a post-conviction writ. They could base this on the grounds that:
o There is avauilability of confessions
o Denial of right to a speedy trial
o There is a discovery challenge
o Excessive bail
o Evidentiary matters
o Jurisdictional issues
o Legality of the arrest
o Violations of hearsay laws
o Suppression of evidence
o Improper jury instructions
o Validity of the indictment
o Sufficiency of the evidence to support a conviction
o Violations of the codes or procedures
What if you plead guilty?
To be able to reverse a conviction that resulted to a guilty plea id very rarely successful, but well, not entirely impossible. If you enter a plea bargain deal, or if you plead guilty in court and receive a conviction, you can trust the lawyer you have. Free App Trust that, they are well capable and experienced and that they will fight diligently in order to get you a new trial and another chance to plead the case.
While choosing your lawyer, it could be best if you hire a board certified lawyer because you will be sure that you are working with a distinguished professional who will have the substantial experience in bringing you the justice you deserve. A certified lawyer will do everything possible and exhaust all means in your case before they ever give up and they are more likely to succeed.
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