Q&A: What is the appeal process?

An appeal is an application to a higher court to review a case for any errors or deficiencies. In Alberta, summary conviction appeals are heard in the Court of Queen’s Bench. The Court of Appeal of Alberta is the highest appellate court in the Province and hears appeals from both the Provincial Court and Court of Queen’s Bench. You can appeal against a conviction or sentence, or both. In rare cases, appeals from the Court of Appeal of Alberta can be appealed to the highest court in the country: the Supreme Court of Canada. Our appeal lawyers have successfully argued appeals at all levels of court in Canada, including appellate courts in other provinces and the Supreme Court of Canada.

Filing and conducting appeals is a complex legal process that requires close attention and a special combination of knowledge and experience. If you think you may require a criminal appeal attorney or are just curious about the process, read on for DDSG’s guide to appeals and contact one of our appeal lawyers today.

How soon do I need to file an appeal?

Timelines for filing a Notice of Appeal  are very strict. You must file within 30 days of the conclusion of a criminal matter if you are found guilty and sentenced. The Crown also has 30 days to appeal your acquittal and/or sentence. If you are considering an appeal, it is extremely important that you seek immediate legal advice from our team of experienced appeal lawyers.

In rare cases, an appeal can be filed outside the 30-day window. However, it is important to act quickly with the right representation to ensure your right to appeal is preserved.

What are the criteria for appeals?

In any criminal case where an error has occurred, an appeal can be filed. These can be errors of fact and/or law. You can appeal a finding of guilt and the sentence imposed. The Crown also has the right to appeal the sentence that you received and, in some circumstances, the Crown can also appeal your acquittal.

Whether an appeal is likely to succeed is a question that our knowledgeable lawyers can assist you in assessing.  If you think a mistake was made in your case, give us a call today.

How do I initiate an appeal in Alberta?

The first step in the appeal process is obtaining sound legal advice. Our appeal lawyers will provide you with straightforward advice with respect to your appeal.

Second, but no less important, is meeting the strict timelines for filing your appeal in the appropriate court. This is why it is so important to consult with an experienced appeal lawyer as soon as possible after you receive a judgment.

What is the cost of an appeal?

Unlike appeals from civil matters, there are no filing fees associated with criminal appeals. However, there are other costs associated with the preparation of criminal appeals, which includes obtaining transcripts of the court proceedings. Our lawyers are prepared to sit down with you to work out flexible payment options and find the right representation for your case. Our lawyers are also willing to conduct appeals for individuals through Legal Aid. Schedule a free initial consultation with any of our appeal lawyers today.

The conduct of criminal appeals is no simple task and when it comes to criminal cases, the stakes can be very high. It is for this reason that not many lawyers regularly conduct criminal appeals. We are proud of the team of team of appellate lawyers that we have assembled at DDSG and pride ourselves on having an outstanding reputation in our appeals practice. Check out our firm cases to read about our appeal lawyers’ recent successes.

Contact our appeal lawyers today if you are in need of sound legal advice about an appeal.

Alexandra Seaman