Wrongfully accused or convicted of a crime? In Alberta, failing to file an appeal by the designated deadline means that the original court decision remains in effect. Although a missed appeal deadline does not necessarily equate to a guilty submission, the decision is final and binding if no further action is taken.
Moreover, a missed appeal might require a higher court to review the initial decision. The appellant (individual who filed the appeal) would then have to provide ample evidence and sufficient reasonable cause for the delay. If you’ve been charged with a criminal offence, know that a submission of guilt isn’t your only option. At Martin G. Schulz & Associates, our team of qualified criminal lawyers in Edmonton can assist you with the appeal process and prepare the necessary paperwork. We’re here to overturn wrongful charges and provide clear communication, ensuring no additional deadlines are missed.What is a Criminal Appeal in Alberta?
In Alberta, a criminal appeal involves an attempt to request that a higher court overturn or modify a lower court’s original decision. Depending on different cases, the reasons for the correction may include:- Mistake or error from the lower court
- Misinterpretation or legal error in the application of the law
- A conflict of interest that can result in a prejudiced decision
- Omission or misunderstanding of facts
Types of Criminal Appeals
The two main types of criminal appeals in Alberta are conviction appeals and sentence appeals. Whereas the first type involves appealing to a judge or jury, the second requires review from a higher court. The difference lies in that conviction appeals occur before an individual is found guilty of the crime.Conviction Appeal
If you’ve been convicted of a criminal offence, you have the right to a minimum of one appeal. Depending on the type of appeal received and the decision made after, you may appeal to a higher court a second time. There are also two types of offences:- Summary convictions: Appeal is made to the Alberta Court of Queen’s Bench
- Indictable offences: Appeal is made to the Alberta Court of Appeal
Sentence Appeal
Unlike a conviction appeal, which challenges whether an individual is guilty, a sentence appeal concerns reducing the punishment for a person who is found guilty. This type of appeal can occur in situations where an individual has been convicted and seeks to appeal their sentence. During a sentence appeal, it is unlikely that the court will give a different sentence. When there is an error of law, the sentence will change due to a mistake or because of unreasonable grounds.Timelines for An Appeal
According to the Alberta Court of Justice, an individual has “30 days after Judgment is given” to file an appeal. Note that, after filing, there are also deadlines for submitting evidence, receipt, and transcript documents. Depending on your case, timelines can also vary. While a 30-day window is the general timeline for most appeals, there may be terms which specify when it starts. For instance, you may be required to serve a completed Notice of Appeal within 30 days, either from the date of sentencing (for conviction appeals) or acquittal (for acquittal appeals). To help you understand what to submit and when, a criminal lawyer can help you navigate the appeal process. Don’t miss a deadline. Getting help from an experienced lawyer is critical to a successful appeal. At Martin G. Schulz & Associates, we’ll make sure you submit all the necessary papers on time. Book a free consultation and contact our experienced Edmonton criminal lawyers today.Steps to File An Appeal
- File a Notice of Appeal: Thirty days after a judgment, you’ll need to file a completed Notice of Appeal at the Alberta Court of Justice Office where the decision was made, which requires details pertaining to the trial (when, where, and the Judge’s name).
- Prepare Documents: At the same time, you’ll be expected to order a transcript and mail your Notice of Appeal.
- Serve Documents: Seven days after the appeal filing deadline, a proof of the transcript order, along with proof that the Notice of Appeal has been served, are required.
- Hearing: You’ll be informed of the hearing date and should prepare a Factum, or a summary of reasons why the appeal should be granted, along with a discussion of trial errors and supporting evidence.