Amend the conviction to a lesser offence/penalty
PROVINCIAL OFFENCES ACT APPEALS
Have you been wrongfully convicted? Were you unprepared or unrepresented at trial?
Unhappy with the sentence imposed by the court?
You may be able to challenge the conviction or sentence by filing an appeal with the Ontario Court of Justice. Call X-Copper for a free consultation to discuss your case specifically and the possibility of appealing your conviction or sentence. Any conviction under the POA may affect your insurance for three years.
THE PROCESS
- A Notice of appeal and any applicable supporting documentation is to be filed with the criminal court in the jurisdiction where you were convicted, within 30 days of the conviction date.
- The outstanding fine attached to the conviction must be paid, and proof of such must be attached to the appeal documents when they are filed with the court.
- If a trial was held the transcripts must also be ordered and proof of such attached to the appeal.
- Depending on the case, a written argument of the flaws that were made during the trial and supporting case law may need to be prepared in advance and filed with the appeals court prior to the appeal being heard.
If successful, there are a number of remedies that the court may order as the outcome of an appeal:
Lower/change the sentence imposed as a result of the conviction (i.e. fine, jail term)
The best case scenario is to have the conviction quashed. This means that the person is cleared of the conviction
Order a new trial
Did You Know
If your licence has been suspended for medical reasons, we can help you get it back. Find out how.