Conviction Appeals

What is a conviction appeal?

A conviction appeal challenges the verdict from your criminal trial. You’re not re-trying your case or introducing new witnesses. Instead, you’re asking a higher court to review whether serious legal mistakes were made that affected your trial outcome.

If the appeal succeeds, your conviction can be overturned or sent back for a new trial.

Can I appeal my conviction in BC?

You can only appeal your conviction if the court made mistakes during your trial and the mistakes affected the outcome.

Simply being unhappy with your guilty verdict isn’t enough.

There must have been a legal error that resulted in an unreasonable verdict or miscarriage of justice.

Grounds for a conviction appeal include:

• The trial judge misapplied the law
• Evidence was wrongly admitted or excluded
• The evidence was insufficient to prove guilt beyond a reasonable doubt
• Jury instructions were flawed
• The judge misunderstood or misapplied key facts
• A miscarriage of justice occurred

 Appeals require deep legal analysis. You need an experienced appeal lawyer to review your case carefully to identify these grounds. Contact us at Mickelson & Whysall Law Group. We specialize in criminal appeals and can clarify the options available to you.

How long do you have to appeal? – What is a “30 day time limit”?

In British Columbia, conviction appeals must be submitted within 30 days of sentencing.

This does not leave very much time to prepare your appeal. That is why you must speak to an appeal lawyer at the earliest available opportunity – preferably as soon as the ‘guilty’ verdict is passed.

What happens if I miss a”30 day time limit”?

You may be able to apply for an extension if you miss this deadline, but there must be a good reason for the delay.

What happens when I appeal a conviction?

If your appeal has merit, our lawyers will handle everything for you.

1. This includes submitting a Notice of Appeal (which includes grounds for appeals) and preparing a factum, which is a written argument in support of your appeal.
2. The court will review the judgment, transcripts, factums of Crown and Defence as well as the oral arguments at the appeal hearing.

The process can take several months.

We can apply for bail pending appeal to ensure you are out-of-custody while your appeal proceeds. When bail is granted, you will be allowed to leave custody until your appeal is heard.

How does a conviction appeal hearing in BC look like?

First, a date will be set for an appeal hearing, during which a higher court will review the trial judge’s decision.

An appeal is not the same thing as a trial and witnesses will not be called; rather the trial record is reviewed.

Each side will present their argument, following which the appeal judge will decide whether mistakes were made during your case. If so, the appeal court may order a re-trial or overturn the original verdict.

What can happen if you win your appeal?

• Your conviction may be completely overturned (acquittal).
• A new trial may be ordered.
• Your sentence may be changed or reduced.
• Other corrective orders may be made, depending on the legal errors found.

Start your conviction appeal today

Conviction appeals are complex. The lawyers at Mickelson & Whysall are experienced in all levels of criminal appeals. We understand just how much is riding on your appeal and will do everything we can to secure your freedom.