Frequently Asked Questions

Appeals

What can I appeal?

Most criminal appeals are divided into two categories: conviction and/or sentence. If you were convicted of an offence, you can ask a higher court to overturn that decision. You can also ask for a review of the sentence you received.

There are significant nuances within these broad categories. For example, you may only wish to appeal a decision that your trial judge made in a pre-trial application, and not the entire trial itself. Or maybe you did not have a trial, but instead entered a guilty plea; that can also be appealed.

While your trial lawyer may have ideas about what went wrong, an appellate lawyer will usually review transcripts of your entire case and provide further opinions about possible grounds of appeal.

An appeal is NOT a chance to run the trial again (though that might be the end result). An appeal is all about highlighting mistakes that were made, and explaining why those mistakes mattered.

When should I appeal?

As soon as possible. An appeal begins by filing a Notice of Appeal, and you generally only have 30 days to file the Notice after you have been convicted or sentenced. If more than 30 days have passed, there are additional steps required to bring an appeal, and the court may NOT allow you to file the appeal.

I have experience bringing successful applications to re-open the appeal period, but it is critical that you contact me as soon as you think you might want to appeal. Even if you don’t know exactly what the grounds of appeal will be, they can be developed after the Notice is filed.

Where will my appeal be heard?

Appeals will usually be heard at the Ontario Court of Appeal in downtown Toronto (if we are appealing a matter that was proceeding “by indictment”).

If your matter was proceeding “summarily”, the appeal will go to the Superior Court of the jurisdiction in which you were tried (this is often, but not always, the same physical building in which your trial was held).

How long will my appeal take?

If you have been through the trial process, you know by now that the legal system is quite slow. While an appeal should be be quicker, it can still take 6-12 months (or more!). Unlike trial courts, there are no endless “set-date” appearances that cost you time and money. There are filing deadlines that keep the parties on their toes, but the practical realities of waiting for transcripts, reviewing them, or digging for further information can slow things down.

I’m going to jail – will I stay there if I appeal?

An appeal brings with it the possibility of “bail pending appeal”. This can be harder to get than regular bail, but it’s certainly an option.

It is also possible to structure your bail hearing so that it takes place the day of your sentencing, so you may not see more than a day or two in jail.

I’m being deported! Can I appeal?

Yes. Unfortunately, the immigration consequences of criminal convictions are one of the most common appeals we see. Please note that I can only assist you with the criminal matter underlying your immigration issues, and NOT the immigration issue itself. I routinely work with talented immigration lawyers and can refer you to them for further assistance, or to work collaboratively on your appeal.

What can the court do with my appeal?

If your conviction appeal is granted there are a few options. First, the court can simply overturn the conviction and enter an acquittal. We will usually see this happen if, for example, the court determines that evidence was improperly admitted, and without that evidence there is no case against you.

Second, the court can overturn the conviction and order a new trial. Your case is sent back down to the lower court and you start from the beginning, with a new judge or jury. This is what will usually happen if, for example, your matter was based on someone’s credibility when testifying.

In a sentence appeal the court has some wiggle-room to impose a fit sentence, if the sentence you received was unfit or the result of a legal error.

Can I make things worse by appealing?

No. If the court disagrees and your appeal is dismissed, you are back to where you were after trial.

Can the Crown Attorney appeal?

Yes. Contact me as soon as possible if you receive a Crown Notice of Appeal. Unlike the above question, your situation could very much get worse if the Crown appeals your matter.

Trials

I’m being charged! What’s going to happen?

Don’t panic. Very often, the laying of charges is a routine procedure that will result in you receiving paperwork with a future court date. The police can also put you on certain restrictions, like not contacting witnesses or going to certain areas.
The police can decide to hold you for bail. A bail hearing may or may not take place the same day. You will usually be transferred to a local jail if you are not being released that day. Unlike in the movies, you do not necessarily get “one phone call”, but your ability to call anyone could be heavily restricted. The police must provide you with an opportunity to speak to a lawyer, but once you are transferred to jail it is possible that you will not have access to a phone.
It is vital that you call a lawyer before you are charged, if possible, or that you have your lawyer’s number available.

I’m out – now what?

You will have a court date on your paperwork. Your first appearance date is NOT a trial. There will be no witnesses, no police, and no judge who cares about your story. It is a purely administrative appearance to make sure that you are before the court and that the matter is moving along.

What’s going to happen in court?

After your first appearance date, your matter is going to be “adjourned” from time to time to make sure that everything is going as planned. In the interim, the Crown Attorney (or prosecutor) is required to provide us with “disclosure” of all the evidence they have against you. I receive the disclosure and review it with you to make sure you understand the case they have built against you, and to plan on how we’re going to beat it. Meetings are scheduled between myself and the Crown to discuss the case; sometimes, these meetings are held with a judge as well.
All of the above can take many, many months. Crucial pieces of disclosure will sometimes be missing, and you should not be required to make any decisions about what to do with your case until you’ve seen everything.
However, if the matter is being delayed too long, a judge can order it be set down for trial or resolution.

When will my trial be?

Every jurisdiction has different scheduling practices and backlogs. Your trial may be in three months. It may be in a year. If your trial has experienced significant delays, it is possible for us to bring an application to have it “stayed” (or dismissed) as a violation of your right to a trial within a reasonable time. These “deadlines” are currently set at 18 months (for matters in the lower court) and 30 months (for matters in Superior Court).

General

Why should I choose you as my lawyer?

I have over a decade of experience conducting serious trials, appeals, providing advice and mentoring students and new lawyers. This means I can assist you no matter what your situation.
I am running a small practice and do not take on every case. I have no staff. This means that my attention is focused on your matter, and if you hire me I am the one working on your case. If you call me, you only talk to me. I will be conducting your trial or appeal.

How do I contact you?

I do not keep regular office hours and am often in court, so please do not just drop by the office without an appointment.
I can be reached by cell and Whatsapp at (905) 609-4734. Feel free to text any time as well. You can email me at greg@dorszlaw.ca

How much will all of this cost me?

I am flexible with my fees and can offer flat fee or hourly retainer structures based on your needs and preferences. There will be no hidden fees or surprise invoices.
I am on the criminal and “Extremely Serious Matter” panels with Legal Aid Ontario. I will only accept Legal Aid certificates for certain matters.