If you are convicted of a crime in Manitoba, there are two ways that you can try to appeal the ruling. The first type of appeal is asking the court to overturn your found guilty in a court of law. The second type of appeal is when you ask the court to reconsider your sentencing. There is a statute of limitations to make an appeal, and it is 30 days from the resolution of the trial or the sentencing date.
Those who are seeking a Summary Conviction Offense reversal have to appeal to the Court of the Queen’s Bench. For indictable offense appeals, the convict must appeal to the Manitoba Court of Appeal.
There are very few times when the Superior Court will override the findings of the lower court. An appellate court will only intervene if they deem that the sentence is egregious, excessive, inadequate, or overtly unreasonable. The only other reason that the appellate court might interfere is if there was an error in the principle of the judgment.
Things that would constitute an error in principle include factors like failing to consider critical evidence, putting too much emphasis on an inappropriate factor, or not giving enough weight to warrant the ruling. If the appellate court finds that the verdict was decided in error, then they have the capability to increase or decrease the length or severity of the sentencing. Otherwise, they may choose not to tamper with the sentencing at all.
There are occasions where the person who is convicted might be released on bail pending an appellate court appeal. If you are making an appeal, then it is important to understand that your behaviors and actions will severely impact the appellate court’s decision to overturn the sentencing or not. So if you are granted bail, it is imperative that you follow all the conditions of that bail and don’t do anything to make your situation worse.
To have your case considered by the appellate court, you have to have the transcripts from the trial, including the reasons and the arguments for the sentencing. Your lawyer must then file all necessary documents and written materials, which must include their legal argument and all the appropriate coinciding case laws. There are time limits that criminal defense lawyers have to file written materials for submission to the court. Following those limits is one of the most critical components in the appeals process, which is why having an excellent criminal defense attorney to plead your case for appeal is essential.
There are very few cases that are worth going before the appellate court, but there are occasions where serious mistakes have been made, and the appellate court will intervene to make sure that justice is served. If you feel as if you have been wrongly convicted, or that your sentencing was made in error, you do have the right to appeal. Contact the law offices of Pinx & Co. to the find the right professional to help plead your case today.