CONVICTION AND SENTENCE APPEALS
Criminal Appeals Lawyer for Penticton Cases
Julian Van Der Walle is the criminal appeals lawyer Penticton clients call when they believe a judge got their conviction or sentence wrong. The window to act is short, and Julian will tell you honestly whether you have real grounds and how strong they are.
Thinking about an appeal?
30 days is the usual deadline to file, counted from sentencing.
Not a new trial so the appeal focuses on legal errors in the record.
Release pending appeal may be possible if you were jailed.
BC Court of Appeal
Julian Van Der Walle has argued appeals there.
Supreme Court of Canada
Julian has argued an appeal at the SCC.
100+ trials
So Julian knows how errors happen at trial.
Ask about your case
An appeal is about the judge, not the story
Nobody calls new witnesses on an appeal or tells the story again. The appeal court reads the transcript and exhibits from the Penticton trial, studies the judge’s reasons, and asks whether a legal error was made that affected the outcome.
That’s a different skill from running a trial. Julian Van Der Walle has argued appeals in the BC Court of Appeal and the Supreme Court of Canada, including a search warrant case, and as a Penticton criminal appeal lawyer he builds the argument from the trial record line by line.
Conviction appeals
Julian argues an unreasonable verdict, an error of law, or a miscarriage of justice.
Sentence appeals
Julian argues that a sentence was demonstrably unfit, or that the judge erred in principle.
Where a Penticton appeal goes
It depends on how the Crown proceeded at trial in Penticton.
Summary conviction
Appeals from Penticton Provincial Court summary matters go to the BC Supreme Court. Julian files and argues them.
Indictable matters
Appeals go to the BC Court of Appeal, where Julian has argued before.
Supreme Court of Canada
A further appeal, usually only with permission, on issues of wider importance.
Crown appeals
The Crown can appeal an acquittal too. Julian responds quickly when it does.
How long do you have to appeal a criminal conviction in BC?
30 days
usual deadline to file a notice of appeal, from sentencing
Transcripts
ordered from the Penticton trial, which takes time
Extension
possible in some cases, but never guaranteed
Bail
pending appeal can be applied for if you were jailed
The safest move is to call a criminal appeals lawyer Penticton clients trust in the first week after sentencing.
What Julian looks for in your trial record
Most strong appeals come from a handful of recurring problems. Julian Van Der Walle reads the judge’s reasons and the Penticton transcript looking for them, and tells you plainly if they aren’t there.
If there’s no realistic ground, Julian says so. An appeal that can’t succeed costs you money and time for nothing, and his past wins come from picking the right fights.
Legal errors
A wrong legal test or a misstatement of the law.
Evidence rulings
Evidence wrongly admitted or wrongly excluded.
Unreasonable verdict
A result no reasonable judge could reach on the evidence.
Unfit sentence
A sentence far outside the normal range.
Appeals start at the Penticton courthouse
The clock usually starts on the day you’re sentenced at the Penticton courthouse. Julian orders the transcripts from that hearing, reviews the exhibits, and files the notice of appeal on time so your rights are protected while the grounds are assessed. Appeals are part of his wider work as a criminal lawyer in Penticton.
Many Penticton appeals come out of impaired driving convictions, where a ruling on the breath evidence or the right to counsel decided the case. If that’s yours, see how Julian approaches DUI lawyer in Penticton, or read more about Julian.
30 day window
Count from sentencing. Calling Julian early leaves room to order transcripts and assess grounds.
How an appeal with Julian works
01
Free consultation
Julian reviews what happened at trial and what you think went wrong.
02
Notice of appeal
Julian files on time to protect your rights.
03
Record review
Julian examines the transcripts, exhibits and the judge’s reasons.
04
Argument
Julian prepares the factum and argues the appeal in court.
Appeal questions
Julian Van Der Walle answers common questions after a conviction or sentence in Penticton.
Can I appeal if I pleaded guilty?
It’s possible but harder. You’d need to show the plea wasn’t informed, voluntary or unequivocal. A sentence appeal after a guilty plea is more common, and Julian can assess either.
How long does a criminal appeal take?
It depends on the court and how long transcripts take. Summary conviction appeals in the BC Supreme Court usually move faster than Court of Appeal matters.
Do I need the same lawyer who did my trial?
No. A fresh set of eyes on the record is often useful, and if the appeal involves how the trial was run, a different lawyer like Julian is usually necessary.
What happens if the appeal succeeds?
The appeal court can order an acquittal, a new trial or a different sentence, depending on the error and the case.
Need a criminal appeals lawyer in Penticton?
Call Julian Van Der Walle now so the 30 day deadline doesn’t pass. The first consultation is free.
REQUEST A FREE CONSULTATION
Call 1.866.706.8857
Or fill out the form below to receive a free and confidential initial consultation.