Appeals
Appeals
When trial or sentencing did not go as expected, it is time for a fresh opinion. Conviction Appeals, Sentence Appeals, Bail Reviews, and Judicial Review are all ways to set aside the verdict and get a rehearing on the merits. The lawyers at Mickelson and Whysall are skilled and experience at drafting appeal arguments, factums, indictable appeals, summary conviction appeals, petitions for judicial review and bail reviews. Let us help you ensure your defence is properly heard and considered.
Not everyone who has been convicted of a criminal offence will have good grounds to appeal – but our experience will identify your grounds of appeal. It is the only way to reverse the court’s decision, whether that is a guilty verdict or an unduly harsh sentence.
We will review the judgment and transcript and advise you of your grounds of appeal. We will prepare your appeal, submit the writing argument, or factum, and represent you at the appeal hearing. We are highly experienced criminal appeals lawyers. You can trust us to achieve the best possible outcome.
How can we help?
Our Vancouver criminal lawyers can help with all aspects of criminal appeals, including:
- Conviction appeals
- Sentence appeals
- Fresh evidence applications
- Bail pending appeal applications
- Summary conviction appeals
- Responding to Crown appeals
Conviction Appeals
If you are found guilty of a criminal offence and you think mistakes were made, you can file a conviction appeal. If your appeal succeeds, you may obtain a re-trial or your conviction could simply be replaced with an acquittal. We can manage your conviction appeal, ensuring you achieve the right verdict.
Sentence appeals
Were errors made during your case? Or is the sentence unnecessarily harsh? These are both grounds for a sentence appeal. We can handle the appeal to get your sentence varied, ensuring you are not wrongfully penalised for your actions.
Fresh evidence
If important evidence was missed in your original trial, which impacted the final result, we will apply to have this evidence presented and considered. We can also apply to admit fresh evidence if new evidence comes to light following your conviction.
Bail pending appeal
Unless you are released on bail, you will have to remain in custody until your appeal hearing. We can apply for bail that will allow you to return home while your appeal is being prepared.
Summary conviction appeals
Summary offences are more minor offences and are heard in the Provincial Court of British Columbia. If you are convicted of a summary offence, you can appeal to the Supreme Court of British Columbia to review the decision.
Crown appeals
Once your trial has concluded, the Crown may pursue an appeal on the basis that you should have been found guilty, or that your sentence is too lenient. We act for respondents who are disputing a Crown appeals and can argue that the original decision should stand.
Vancouver criminal appeals lawyer
Not all criminal lawyers handle appeals because they are complex and time-consuming. At Mickelson & Whysall Law Corporation, we are happy to accept the challenge. We are experts in criminal defence law and are adept at handling all types of appeal, including those heard at the B. C. Supreme Court, the B.C Court of Appeal and the Supreme Court of Canada. We have an excellent success rate at appeal and pride ourselves on our professional, determined approach.
It can be confusing to understand what your options are once you have been convicted of a criminal offence. We are here to advise you further and will confirm if you are eligible to pursue an appeal. If so, you can be sure that we will fight your corner, working hard to reverse the court’s decision.