Appealing a criminal conviction in Alberta can be a complex and stressful process. If you believe that a mistake was made during your trial or that the outcome was unfair, you have the right to seek a review of the decision through the appeals process.
A criminal appeal is not a new trial — it’s a legal review of the original trial to determine if there were errors in law or procedure that affected the outcome.
This article will explain the types of criminal appeals in Alberta, the grounds for appeal, the steps involved in the process, and how an experienced criminal appeal lawyer can help improve your chances of success.
What Is A Criminal Appeal?
A criminal appeal is a legal process where a higher court reviews the decision of a lower court to determine if legal or procedural errors occurred.
An appeal is not a retrial or a chance to present new evidence — it’s a review of the existing trial record to assess whether the decision was legally sound.
The purpose of an appeal is to ensure that justice was served and that the trial followed proper legal procedures. If the appellate court finds that mistakes were made that affected the outcome, it can overturn the conviction, modify the sentence, or order a new trial.
Types Of Criminal Appeals In Alberta
In Alberta, there are two main types of criminal appeals:
1. Conviction Appeal
A conviction appeal challenges the guilty verdict itself. In this type of appeal, the accused argues that the trial judge made a mistake in applying the law or that the evidence presented was not sufficient to support a conviction.
Example:
- The judge misinterpreted the evidence.
- The evidence presented did not meet the burden of proof.
- Improper instructions were given to the jury.
2. Sentence Appeal
A sentence appeal challenges the punishment imposed after a conviction. The accused argues that the sentence was too harsh or was not consistent with sentencing guidelines.
Example:
- The sentence exceeds the maximum allowed by law.
- The punishment does not reflect similar cases.
- The judge failed to consider mitigating factors.
Grounds For A Criminal Appeal In Alberta
You cannot appeal a conviction or sentence simply because you are unhappy with the outcome. There must be valid legal grounds for an appeal. Common grounds for a criminal appeal include:
1. Errors In Law
If the trial judge misinterpreted or misapplied the law, it could result in an unfair conviction or sentence. This could include:
- Incorrect legal definitions applied to the case.
- Misunderstanding the legal standards for conviction.
- Incorrect instructions to the jury.
2. Procedural Errors
A procedural error occurs when the trial process is not conducted according to established legal rules. Examples include:
- Improper admission of evidence.
- Violation of the accused’s legal rights.
- Failure to allow the defence to present key evidence.
3. Unreasonable Verdict
An unreasonable verdict is not supported by the evidence presented at trial. If the evidence does not reasonably support the conviction, this can be grounds for an appeal.
Example:
- The verdict was based on insufficient evidence.
- Testimony from key witnesses was inconsistent or unreliable.
4. Ineffective Legal Representation
If the accused’s legal counsel was incompetent or made critical errors that affected the outcome of the case, this may be grounds for an appeal.
Example:
- Failing to challenge weak evidence.
- Missing key legal arguments.
- Poor cross-examination of witnesses.
The Criminal Appeal Process In Alberta
The appeal process in Alberta follows a structured legal procedure. Understanding each step can help you prepare and improve your chances of success.
1. Filing A Notice Of Appeal
- You must file a notice of appeal within 30 days of the conviction or sentencing.
- The notice must outline the grounds for the appeal and the errors that occurred.
- Late filings may be accepted under exceptional circumstances.
2. Preparing The Appeal Record
- The appeal record includes the trial transcripts, evidence presented at trial, and rulings made by the judge.
- The appellant’s lawyer reviews the record for errors and prepares legal arguments.
3. Appeal Hearing
- The appeal is heard by a panel of three judges at the Alberta Court of Appeal.
- Both the defence and the Crown present legal arguments.
- The judges may ask questions or request clarification.
4. Possible Outcomes
The appellate court can issue several types of decisions:
Conviction Overturned – If the court finds that the trial was unfair or legally flawed, the conviction may be dismissed.
Sentence Reduced – If the court finds that the sentence was too harsh, it may reduce the penalty
New Trial Ordered – If the court finds that legal errors affected the trial, it may order a new trial.
Appeal Denied – If the court finds no legal errors, the original conviction and sentence will stand.
How A Lawyer Can Help With An Appeal
An experienced criminal defence lawyer can significantly increase your chances of a successful appeal by:
1. Evaluating The Case
- Review trial transcripts and evidence for legal or procedural errors.
- Identifying weak points in the prosecution’s case.
- Advising whether there are strong grounds for appeal.
2. Building A Strong Argument
- Preparing persuasive legal arguments to support the appeal.
- Identifying case law and precedents to strengthen the case.
- Highlighting procedural errors and misinterpretations of the law.
3. Navigating The Legal Process
- Managing strict deadlines and filing requirements.
- Handling legal paperwork and court procedures.
- Representing the accused during the appeal hearing.
What To Do If You’re Considering An Appeal
If you’ve been convicted of a crime and believe the outcome was unfair, taking the right steps early on can improve your chances of a successful appeal:
Act Quickly – The 30-day deadline for filing a notice of appeal is strict.
Consult A Lawyer Immediately – A criminal defence lawyer can evaluate your case and advise on the best course of action.
Gather Evidence – Collect any new evidence or witness statements that could support your case.
Follow Legal Advice – Your lawyer will guide you through the appeal process and handle court filings.
Why Early Legal Representation Matters
Early legal representation can make a significant difference in the outcome of an appeal. A lawyer can:
- Develop a strategy based on the trial record and case law.
- Protect your rights and ensure proper legal procedures are followed.
- Present a compelling case to the appellate court.
Without professional legal guidance, you risk missing key deadlines or overlooking legal arguments that could strengthen your case.
Conclusion
Appealing a criminal conviction in Alberta is a complex legal process that requires knowledge of the law and procedural rules.
An experienced criminal defence lawyer can assess the case, identify errors, and present a strong argument for overturning the conviction or reducing the sentence.
If you believe your conviction was based on legal errors or unfair treatment, taking immediate action can protect your rights and improve your chances of success.
A well-prepared appeal can lead to a reduced sentence, a new trial, or even a complete dismissal of charges.
