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Provincial Offences Act Appeals
There are two kinds of convictions under the Provincial Offences Act (POA). Those under Parts I or II (minor traffic offences and parking infractions), and those under
Part III, which include more serious offences (drive under suspension, operate motor vehicle without insurance, etc).
Have you been wrongfully convicted? Were you unprepared or unrepresented at trial? Unhappy with the sentence imposed by the court?
You may be able to challenge the conviction or sentence by filing an appeal with the Ontario Court of Justice. Call
The process:
- A Notice of appeal and any applicable supporting documentation is to be filed with the criminal court in the jurisdiction where you were convicted, within 30 days of the conviction date.
- The outstanding fine attached to the conviction must be paid, and proof of such must be attached to the appeal documents when they are filed with the court.
- If a trial was held the transcripts must also be ordered and proof of such attached to the appeal.
- Depending on the case, a written argument of the flaws that were made during the trial and supporting case law may need to be prepared in advance and filed with the appeals court prior to the appeal being heard.
Depending on the argument, in challenging the conviction or sentence, if successfull, there are a number of remedies that the court may order.
- Amend the conviction to a lesser offence/penalty.
- Lower/change the sentence imposed as a result of the conviction (i.e. fine, jail term).
- Order a new trial.
- The best case scenario is to have the conviction quashed. This means that the person is cleared of the conviction.
X-COPPER IS COMMITTED TO PROVIDING EFFECTIVE LEGAL SERVICES YOU CAN AFFORD.
Call our Appeals Division now for your free consultation at 1-888-XCOPPER (1-888-926-7737) or click here for a free online quote.
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