Appeal process
Criminal Defense Attorneys in Montreal
Do you need a lawyer for legal proceedings in the Court of Appeals?
Criminal defense attorney for proceedings in the Court of Appeals
Riendeau Avocats is a law firm that is committed to serving its clients’ interests.
Peu importe l’ampleur de la situation, nos avocats-criminalistes mettent toujours les bouchées doubles pour défendre votre dossier judiciaire. Their experience and determination will guide you through the entire appeals process, starting today!
What is the deadline for taking a case to appeal?
It is important to contact an experienced appellate lawyer as soon as possible if you wish to appeal your case. Indeed, regardless of the case, the imposed deadline is 30 days from the date of the conviction by a judge of the Court of Quebec or the Municipal Court, and not from the date of the sentencing decision.
If the 30-day deadline has expired, it is possible in certain specific cases to file an application for an extension of the time to appeal. Three elements must be present:
You must have intended to file an appeal before the end of the 30-day period
You must have exercised due diligence in exercising your right to appeal
And finally, the grounds for appeal in your case must be serious and well-founded
Need a lawyer for
legal proceedings in the Court of Appeals?
What type of case can be taken to appeal?
To win a case on appeal, errors of law, errors of fact, or mixed errors of fact and law must be identified in the judgment rendered at first instance. It is important to understand that if no error was made, your appeal will be dismissed—even if the decision of the trial judge does not seem appropriate to you. Contact an experienced lawyer to find out if such errors are present in your file.
Cédric Materne, Esq., and Ariane Roberge, Esq.: 20 Years of Expertise in Appeal Proceedings
With several years of experience practicing law, Attorneys Cédric Materne and Ariane Roberge are essential resources for anyone seeking to appeal an unfavorable judgment.
Through their practice, they have developed specialized and in-depth expertise in appellate court proceedings. This specialization has enabled them to overturn guilty verdicts and reduce sentences for their clients, even in cases that initially seemed hopeless. They are skilled at conducting in-depth analyses of case law, identifying errors of law committed at the trial court level, and drafting compelling appellate briefs to defend your rights all the way to the highest courts.
But beyond their legal rigor, it is their compassionate approach that sets them apart. Recognized for their exceptional ability to listen, they understand that a conviction is a devastating ordeal and that the appeals process is a crucial step. Their top priority remains righting wrongs and tenaciously defending their clients against unreasonable judgments.
With Attorneys Materne and Roberge, you won’t just be a case number; you’ll be listened to, understood, and vigorously defended.
Can we have a retrial before a court of appeal?
No. The purpose of courts of appeal is not to hear the evidence all over again. They exist to ensure that the trial judge did not commit an error or render an unreasonable verdict.
Why choose Riendeau Avocats to represent you in your appeal?
A first-instance judgment is not always final
A conviction at the trial court level does not mean that all is lost. It is essential to consult promptly with a team of experienced appellate attorneys to assess whether the judge made any errors of law or fact that would justify overturning the verdict.
Highly specialized legal expertise
Appeals cases are highly technical. At Riendeau Avocats, we meticulously analyze the transcripts of your original trial to identify any weaknesses. We are experts in drafting complex appeal briefs to build the strongest possible case.
Righting Injustices
If your rights were violated during your trial, if the judge misinterpreted the evidence, or if the sentence imposed is unreasonable, we will vigorously advocate before the higher courts to restore justice. Appeal deadlines are strict (often 30 days), so please do not hesitate to contact us immediately.
Your Questions About Court Proceedings in the Court of Appeals
Our FAQ helps you understand the possible penalties, your rights, and the steps you need to take, so that you can act quickly and with confidence with the help of our specialized attorneys.
The Court of Appeals is not intended to conduct a new trial. Its role is not to rehear witnesses or reevaluate all the evidence from scratch, but rather to determine whether the trial judge made any serious errors in applying the law or in assessing the facts.
The deadlines are extremely strict. As a general rule, you have 30 days following the pronouncement of the sentence (or the verdict, as the case may be) to file a notice of appeal. It is therefore crucial to consult an attorney as soon as possible after an unfavorable judgment.
Non. There are no witnesses or juries in the Court of Appeals. The judges (usually a panel of three) reach their decision by reading the written transcripts of what was said during the initial trial, reviewing the evidence already on the record, and listening to the lawyers’ legal arguments.
To win on appeal, we must show that the trial judge committed either an error of law (for example, he misinterpreted a statute or admitted inadmissible evidence) or a clear and decisive error of fact (for example, the judge drew a conclusion that is not supported by any evidence in the record).
Absolutely. It is possible to appeal the guilty verdict, the sentence imposed, or both. If you believe that the prison sentence, fine, or conditions imposed are unreasonable or disproportionate, we can ask the Court of Appeals to reduce them.
Yes, it is often possible to file a motion for provisional release pending the outcome of the appeal. In that case, we must convince a judge that your appeal is not frivolous, that you will appear in court, and that your release does not pose a danger to the public.
The hearing is highly technical. Our attorneys will have previously drafted and filed an “appeal brief” (a very detailed legal document setting out our arguments). During the hearing, our role is to present these arguments to the judges and answer their specific questions, without rehashing the history of the case.
The court has several options: it may dismiss the appeal (the original judgment stands), order a completely new trial, overturn a guilty verdict and acquit the defendant, or modify the sentence imposed.
It is a process that requires patience. Between preparing the transcripts from the first trial, drafting legal briefs, and waiting for a hearing date, it is not uncommon for the process to stretch out over several months, or even more than a year.
Appeals are a distinct area of law. They require excellent skills in analyzing case law, impeccable legal writing skills for drafting briefs, and the ability to argue points of pure law before a panel of judges. Our firm possesses the specific technical expertise needed for this crucial stage.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
