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Appeals from Conviction or Sentence:

Contact the law office of Aswani K. Datt to explore your post conviction and sentence relief options after trial.

Keep in mind that there is a limited time available to appeal a conviction and sentence. If you do not comply within the time limit, you may lose your ability to appeal. Successful appeals result in outcomes such as the following:

  • A new trial
  • Overturning a conviction or a finding of guilt.
  • Reducing a sentence.

There are many reasons why an appeal from conviction or sentence can be successful.  Aswani K. Datt can determine the best course for your appeal by looking at some of the following common mistakes at trial:

  • Relief for ineffective assistance of counsel.
  • The discovery of legal errors or errors made by judges or counsel.
  • A motion to exclude evidence was denied.
  • A motion to exclude a defendant’s statement to law enforcement was denied.
  • A motion to dismiss the charges was denied.
  • Witnesses failed to appear.
  • Evidence disappeared prior to trial; or
  • New evidence materialized but was not used at trial.

Which court will the appeal be heard?

The court will be different depending on the type of crime. Cases that usually have less serious penalties are called “summary conviction offences.” These cases are appealed to the Superior Court of Justice, and are heard before a judge of that court in the community where the trial was conducted.

Cases that usually have more serious maximum penalties, such as murder, are called “indictable offences”, and are appealed to the Court of Appeal for Ontario, which usually sits at Osgoode Hall, 130 Queen St. West, Toronto. 

A further appeal can be made to the Supreme Court of Canada from the Ontario Court of Appeal.

Outcomes for an Appeal:

  1. DismissalIf the appeal court finds that the trial was properly conducted, and the evidence supports the conviction, the court may dismiss the appeal.If the appeal court finds that an error was not significant, the appeal court may dismiss the appeal even though there was an error.The appeal court may dismiss an appeal against a sentence if the court is satisfied that the sentence fits the crime.
  2. New trial orderedThe appeal court may set aside the conviction and order a new trial if it finds that the trial was not fairly or properly conducted.The appeal court may set aside the acquittal and order a new trial where there is a significant error of law.
  3. Substitute a verdict of guiltThe appeal court may overturn an acquittal, find the offender guilty of an offence and then sentence the offender. This power to substitute a verdict of guilt is only available when the offender has been tried by a judge sitting without a jury. Where a jury has acquitted the accused, the appeal court’s powers are limited to ordering a new trial.
  4. AcquittalIf the evidence does not support the conviction, the appeal court may find the offender not guilty of the charge.
  5. Vary the sentenceThe appeal court may change the sentence and either increase or lower the sentence, or remove or add penalties (such as a fine or probation).

Bail Pending Appeal:

A person convicted and sentenced to jail will require an application for bail pending appeal.  Aswani K. Datt can provide this service to you in a timely and effective manner.

Driver’s License:

Furthermore, someone convicted of a drinking related offence may want his/her driver’s license until the appeal is determined.  Aswani K. Datt can assist you in bringing an application to court to have your driver’s license valid until the appeal is decided.

Referrals from Other Lawyers:

Aswani K. Datt is often sought out by fellow criminal lawyers who are unable or do not desire to do their own appellate work.  Aswani K. Datt respects referrals from other lawyers.

Contact the Law Office of Aswani K. Datt for a  consultation. I offer strategic, intelligent and aggressive advocacy focused on your rights.

Contact Us

Toll Free: 1844DATTLAW (1-844-328-8529)

295 Matheson Blvd. East
Mississauga, Ontario
L4Z 1X8
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Singer Squad
Singer Squad
02:40 14 Sep 19
Aswani is truly a professional lawyer, he is always honest to his clients, he is very nice and friendly, i would strongly recommend him as your first choice -- Sincerely Assadread more
Kar Sevak
Kar Sevak
20:34 07 Sep 19
Hard working and honest lawyer. Straight forward. Saved our family and we owe the world to him. Thanks Mr. more
Venugopal Nori
Venugopal Nori
23:32 03 Sep 19
Aswani takes ownership of the case and deals it professionally to give it a meaningful conclusion. He is very reliable. Thanks Aswani Datt understands the situation and gives very good advice. He is very prompt in responding to any questions you might have.He provides expert legal advice. I will highly recommend more
Dan C
Dan C
16:40 15 Aug 19
Very professional and knowledgeable, with an open and friendly attitude. He answered all my many questions patiently and provided valuable advice on a complex matter. Thank you again!read more
Yash Menaria
Yash Menaria
04:42 08 Aug 19
Aswani is professional, thorough, and knowledgeable. I would recommend him highly to anyone seeking legal more
Nathan Forbes
Nathan Forbes
15:23 05 Jul 19
Aswani was introduced through a family friend and I was very pleased with his service. He was able to provide a better outcome then I had initially envisioned. Communication was great throughout the process. He is knowledgeable, professional and delivers. I would highly recommend him as legal more
D Parmar
D Parmar
22:24 23 Jun 19
Aswani is a very professional and knowledgeable lawyer and has handled our case with utmost care and taking care of all minute details. Made us feel comfortable and kept us well informed. Highly recommend his service as a more
IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his more
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