An unfair trial can be stressful and drain you emotionally, especially when you feel that the system has failed you. The uncertainty about what comes next can weigh on your mind. The good news is you may have options after an unfair trial, like an appeal.

Did you get an unjust court decision? There are legal ways to challenge it. Knowing what they are can help you make informed choices about your case. Then you can take steps to address the situation.

If you believe your trial was not fair, don’t lose hope. Paths are available to fix errors and work toward justice.

What Makes the Trial Unfair

Unfair trials go beyond feelings of being wrongly convicted. They involve specific mistakes or actions that affect the fairness of the trial proceedings. Common issues include:

Procedural errors: Errors like wrong jury instructions or missed deadlines can impact the fairness of the proceedings.
Biased judge or jury behaviour: A judge or jury’s bias, whether it is intentional or not, can make a trial unfair.
Evidence improperly excluded or admitted: Evidence that is left out or wrongly included can change the result of the case.
Poor legal representation: You may get an unfair trial if your lawyer missed deadlines, did not investigate evidence, or made serious legal mistakes. In cases of negligence, you might have grounds for an appeal.

What it comes down to is that what you view as unfairness must meet legal standards to take action. In other words, feeling upset about your trial’s outcome isn’t enough; you need valid legal grounds to support your claim.

Options After an Unfair Trial

You don’t have to accept what was decided if you think your trial wasn’t fair. These are your options after an unfair trial:

Filing an appeal: This is the first and most significant step in challenging a trial decision you feel was not fair. In Ontario, you usually have 30 days from the date of the decision to file your appeal. Appeals focus on legal errors made during the trial process. That includes missteps in law, problems with procedures, or a miscarriage of justice.
Requesting a mistrial or retrial: A person can seek a mistrial or a retrial sometimes. For example, if it is found that the jury had a bias or that there was suppression of evidence, you may be able to ask the court to declare the trial invalid. But note that mistrials and retrials are not automatic. You will need to prove there was injustice.
Exploring post-trial motions: In addition to appeals and retrials, you might also have the option to file motions like motions for reconsideration. These ask the court to reconsider its decision based on new evidence, errors, or other grounds. They can be complicated, though, and must be filed within a short time after the verdict. One has to act quickly.

The importance of acting fast cannot be overstated. Ontario’s legal system works on strict timelines. It may not be possible to pursue options after an unfair trial if you don’t meet deadlines.

How Does an Appeal Help?

An appeal is not a retrial or new trial; it is a review of your original trial. The aim is to check if it was fair and the law was applied properly.

What you can appeal:

Errors in applying the law
Procedural errors during the trial, like if the judge failed to give the jury proper instructions
A miscarriage of justice, e.g., considering improper evidence or an unfairly biased jury

What the appeal court can and cannot do:

The appellate court does not re-hear evidence or allow new witnesses. It will only look at the record from the original trial to see if any law mistakes were made that could have influenced the decision. If they find errors, the appeal court can overturn or change the decision. Or, they can order a new trial. However, they cannot change the facts of the case.

Why Seek Legal Help Immediately

Appealing isn’t simple and can take time. Handling it poorly can lead to you losing your right to appeal or keep pursuing justice. Here’s why you should get legal counsel as soon as possible if you feel you got an unfair trial.

A single appeal: In most cases, you only get one chance to appeal. This is your final opportunity to correct any errors from the trial. That is why working with a skilled appeals lawyer is one of the best options after an unfair trial. Your chances of succeeding are a lot higher when you have an experienced lawyer by your side.
The complexity of appeals: The process of appealing requires thorough legal knowledge and expertise. You will need to show that one or more major errors were made during the trial, which is not an easy task at all. Without professional legal guidance, it is easy to make mistakes that could harm your case.
Allan Rouben’s expertise: With over 35 years in law, Allan Rouben has the knowledge and skills needed to navigate the complexities of appeals. He can help you identify any errors that need addressing and build a strong case. His experience in appeals, litigation, and professional negligence in Ontario can get you justice if you got an unfair trial verdict.
Timing matters: The longer you wait to go ahead with an appeal, the more difficult it becomes to address the issue. Understanding your options before time runs out is key to protecting your rights.

Working with an appeal lawyer considerably strengthens your case. So, it makes sense to find a good one.

Final Thoughts

If you feel that your trial was not fair, remember there are avenues for seeking justice. Filing an appeal is often the best route, but it’s essential to act without delay and get expert legal advice. Handle the matter using the proper channels.Think your trial was unfair? Time is of the essence — contact Allan today to explore your appeal options after an unfair trial.