We’re all familiar with the expression “innocent until proven guilty.” Under this cardinal principle of our criminal justice system, the burden lies on the Crown to prove the allegations beyond all reasonable doubt. At trial, the defendant is not obliged to prove a thing.
After trial, the tables have turned. If there was a finding of guilt, the allegations are now considered facts. It is presumed that the defendant was properly convicted in accordance with the law and is, in fact, guilty of the offence(s). With the ball now in your court, if you wish to appeal, the goal is to displace this presumption. In other words, the burden shifts to the person appealing (the appellant) to persuade the appeal court that the trial was flawed in procedure and/or law and produced a miscarriage of justice.
Because it is the appellant and not the Crown who has “something to prove” on appeal, a good appeal lawyer will want to assess the case before launching an appeal on your behalf, much as the Crown is required to assess the strength of its case before proceeding to trial. Appeal counsel will, in other words, want to form a professional opinion of the strength of any possible legal arguments that could be raised in support of an appeal. This is referred to as a legal opinion on the merits of appeal or, simply, an opinion on the merits.
An opinion on the merits is necessary for a number of reasons. First, you will want to make an informed decision about your options. Appeals are time-consuming, costly, and prolong uncertainty. The strength of your case on appeal may be a factor in deciding whether you wish to appeal the conviction or sentence or both. A good appeal lawyer will give you an honest and straightforward assessment of the strength of your case with no promises, guarantees or false hope aimed at selling their services.
Second, if you are applying for legal aid to cover the appeal, they require an opinion letter from an appeal lawyer setting out potential grounds of appeal.
Third, if you wish to obtain bail pending appeal, one of the things you must demonstrate is that the appeal has merit.
Lastly, lawyers have a professional obligation to act responsibly when bringing cases to court. This duty recognizes that it serves neither the client, the overburdened court system, or a lawyer’s professional integrity to bring cases that have no merit.
That is not to say, however, that I will not consider any and all available legal arguments to attack the verdict in your case, or that I would walk away from a difficult appeal. To the contrary, if there is a viable basis on which to appeal, I will find it, and I will fight your case as if it was my own.
Read on to learn more about the criminal appeal services I offer.
criminal appeal lawyer serving toronto, the GTA and throughout Ontario
Copyright © 2023 Criminal Law Appeals - All Rights Reserved
Call now for a free consulation 647.250.2888
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.