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Appeals

Appeal Lawyers

A verdict at trial is not always the end of your journey in the criminal justice system.

While a criminal case may be lost at trial, this is not the end of the court process. If you have been found guilty of a crime, you can appeal your conviction with the guidance of a criminal appeal lawyer. Conducting an appeal requires both strong written and oral argument skills, along with proper attention to the application process. There are important and strict filing deadlines. If you wish to appeal a conviction or sentencing decision, call Roulston Urquhart Criminal Defence immediately.

Appeals involve complicated procedural requirements and complex legal issues. The process involves a very careful review of your case to uncover any potential legal errors and ensure that the proper court procedure was followed.

The lawyers at Roulston Urquhart have a thorough understanding of the law as it applies to appeals. You will receive a comprehensive explanation of the appellate process, in which it will be determined if the trial was fair and the law exercised correctly.

The Alberta Court of Appeal or the Supreme Court of Canada can decide to dismiss an appeal, order a new trial, uphold the previous decision, enter an acquittal of the changes or amend the original sentence. Our meticulous attention to detail is used to recognize any potential right violations or issues in your case. Your defence team will advocate for you and consult with your previous lawyer to receive a complete picture of the file to achieve the best possible result.

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Questions

What is an Appeal?

An accused can apply for an appeal if they believe an improper conviction or sentencing was entered due to errors committed by the Justice, Crown Prosecutor or previous defence counsel. The Crown Prosecutor can also apply for an appeal if there is reason to believe an accused person was improperly acquitted or disagrees with the sentence ordered. Your Lawyer at Roulston Urquhart will explain in great detail the necessary steps in an appeal.

If I am appealing a decision, can I be released on bail?

An application can be made for your release pending your appeal. The appellate court will consider numerous factors to determine if you are an appropriate candidate for release. This includes the strength of your appeal, the likelihood that you will return to custody on the date of your appeal hearing and whether your release is contrary to public interest.

When can I appeal a court's decision?

There is a thirty day deadline from the date of conviction or sentencing to file a notice of appeal. Therefore it is critical to consult an experienced lawyer at Roulston Urquhart Criminal Defence as soon as possible to begin the appeal process. A failure to meet this deadline may result in your appeal being refused.

Where will my appeal be heard?

A higher level of court will assess whether an error was made during your trial or sentencing hearing. This may be at the Court of King’s Bench or Court of Appeal. The specific court that hears your case depends on various factors. This includes the type of criminal charge being considered, the court that first heard your matter, and the Crown Prosecutor. Your legal counsel at Roultson Urquhart will be able to explain this process in further detail and consider the relevant factors in your specific case.

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Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.

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R v R.H. [Alberta Court of Appeal]

Appeal: Conviction on 2 counts of first-degree murder and one count of second-degree murder.

Result: The Court of Appeal overturned the conviction, and a new trial was ordered.


Client appealed conviction on 2 counts of first-degree murder and one count of second-degree murder.  The basis of the appeal was the non-disclosure of a statement, made by the key crown witness while he was in custody of the RCMP in Saskatchewan, where he confessed to being a shooter at the Bolsa Restaurant.

R v A.G. [Alberta Court of Appeal]

Appeal: Attempting to obstruct justice conviction.

Result: The Court of Appeal overturned the conviction and entered an acquittal.


A.G. appealed conviction for attempting to obstruct justice pursuant to s 139(2) of the Criminal Code.  Ms. Urquhart argued that the trial judge incorrectly admitted and relied upon a Facebook message (a prior consistent statement) to convict A.G.
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