Being convicted of criminal charges in Canada can be a devastating experience, with serious repercussions that can permanently affect one’s livelihood, freedom, and reputation while diminishing one’s future prospects. While many may fear that conviction is the “end of the road” for their hopes of exoneration, those who believe that significant errors were made during their trial or who feel the outcome was unjust have the right to request an appeal from the Provincial or Federal Court of Appeal. 

At Vayeghan Litigation, we believe that those found guilty of criminal charges in British Columbia deserve the right to appeal their conviction and understand how crucial it is to have the right legal ally on your side while navigating the appeals process. Founded by Mo Vayeghan, a former British Columbia Crown Prosecutor, our firm understands the complexities of appealing criminal convictions and is proud to advocate for your rights. 

Why You Should Consider an Appeal

The goal of the appeal process in Canada is to determine whether the original trial was conducted properly and that the outcome was determined fairly and without bias. In cases where legal errors or procedural issues may have unfairly influenced the trial’s outcome, specifically concerning being convicted and the resulting sentence, it is imperative to seek an appeal to best protect your rights. When seeking an appeal, it is crucial to note that it is not another trial (though it may result in a re-trial if deemed necessary); as outlined above, an appeal intends to thoroughly assess all factors of a trial and to determine whether it and the conviction issued, were conducted fairly and justly for all parties involved.

Common reasons for filing an appeal include

Legal Misinterpretation: If the presiding judge applied the law incorrectly, you may have grounds for an appeal. Whether it involves the interpretation of statutes, improper jury instructions, or incorrect rulings on evidence, errors in the application of the law can unfairly skew a trial’s outcome and should be rectified to ensure a fair outcome for the accused. 

Injustice or Unfair Trial: Instances where bias from the judge or jury, misconduct from the prosecution, or cases where the accused is denied the right to adequate legal representation can lead to a flawed legal process. If your rights were compromised, an appeal might be warranted.

New Evidence: While it is extremely rare for evidence to be considered admissible following a conviction, introducing new, compelling evidence may warrant a retrial if it undeniably or significantly challenges the outcome of your case. 

Unjust Sentencing: Appeals do not always overturn a conviction. Even if someone is found guilty, they are still entitled to fair and just sentencing under the Canadian criminal system. If you received a sentence that could be considered excessively harsh or outside reasonable legal precedent, you may be entitled to an appeal. 

Exploring the Appeal Process in Canada

Understanding how the appeal process works is vital to making an informed decision and protecting your rights. The appeal process in Canada is methodical and follows strict procedures to ensure fairness and equality for those convicted of a crime, and requires fast action to secure favourable results. The standard process of appeal is as follows: 

1. Filing a Notice of Appeal

   The first step is to file a Notice of Appeal, a legal document that must be submitted to the court within a specific timeframe, typically no more than  30 days from the date of your sentencing. Failing to meet this deadline can result in a denial of your request and leave your current conditions standing. To maintain the best chance of success, it is crucial to speak to experienced legal counsel to file an appeal as quickly as possible. 

Think you have grounds for an appeal? Contact us now to discuss the next steps in your fight for freedom. 

2. Bail Pending Appeal

Bail Pending Appeal is a critical legal option for individuals convicted of a crime who are in custody while their appeal is being processed. Appeals can take a long time—months or even years—before they are heard by the Court of Appeal. In the absence of Bail Pending Appeal, you may face serving time in jail, even if your conviction is later overturned. Bail Pending Appeal allows an individual to be released from custody and wait on an appeal decision without the indignity of jail time and reduced disruption to their daily lives and responsibilities. 

The process for applying for Bail Pending Appeal requires fast action and proper preparation. It is vital to have all necessary paperwork filed as soon as possible following conviction. Vayeghan Litigation works diligently at securing Bail Pending Appeal for our clients and has a strong track record of obtaining release for clients in as little as 24 hours. 

Given the time-sensitive nature of Bail Pending Appeal, it’s crucial to contact Vayeghan Litigation as early as possible, ideally weeks before sentencing, to ensure that the application is ready to be filed immediately. If you are facing the possibility of conviction, call us now.

3. Establishing the Grounds of Appeal

   Once the notice is filed, your lawyer must outline the valid grounds for appeal. This requires your counsel to thoroughly review your case and proceedings to identify any legal or procedural errors that occurred during the court process. Vayeghan Litigation maintains a meticulous eye for detail when analyzing trial records to accurately pinpoint any and all factors that may have erroneously influenced verdict or sentencing to present the strongest case for appeal possible to the appellate court for review.

4. The Appeal Hearing

   During your appeal hearing, the appellate court reviews the trial transcript and considers the legal arguments from both sides. Appeals are usually presided over by a panel of judges as opposed to a single judge and, as noted above, will rarely involve new evidence unless there are exceptional circumstances that warrant the admission of fresh evidence. Your lawyer will use this hearing to demonstrate how the documented errors unfairly influenced the outcome of your case and argue for a fair resolution for the accused. 

5. Appeal Court Decision 

Upon the conclusion of your hearing, the appeal court will move to either:

• Dismiss your appeal, failing substantial evidence of errors. In this case, your conviction or sentence will stand as originally issued. 

• Allow the appeal to proceed. Should the court agree that the errors presented unfairly influenced the outcome of your case, they may overturn your conviction and enter an acquittal, order a new trial, or adjust your sentence accordingly. 

Timing is essential to securing a favourable outcome for an appeal; the standard 30-day deadline leaves little room for delay, and failure to meet this requirement may forfeit your right to challenge the outcome of your conviction. Partnering with an experienced team like Vayeghan Litigation as soon as possible helps protect your rights and increases your chances of a successful appeal.

Fight For Your Right to a Criminal Appeal with Vayeghan Litigation

Navigating the appeal process requires a deep understanding of Canadian criminal law, set precedences, and the complexities of appellate court proceedings. As a former Crown Prosecutor, Mo Vayeghan knows how to analyze evidence, allegations, and existing precedents to identify any weaknesses in the case against you, as well as any cases where errors, bias or improper procedures may have unjustly influenced the outcome of your case. 

With extensive experience at every level of BC’s court system and an Ivy League education from Columbia Law School, Mr. Vayeghan is proud to take an aggressive stance when defending his clients and maintains a high level of success in obtaining acquittals, reduced charges, and even case withdrawals from the Crown, as well as successful motions for appeal.

If you believe your conviction or sentence was unfair, you don’t have to face the future alone; Vayeghan Litigation is here to help. Whether it’s challenging the legal errors that impacted your trial or pushing for a more just sentence, we are committed to securing a fair resolution for you.

CALL US NOW FOR A FREE CONSULTATION

If you’ve been convicted of a criminal charge in Vancouver, Vayeghan Litigation ensures your voice is heard and your rights are protected.

CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation today.

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