By Howard Krongold, Partner at AGP LLP – Ottawa Criminal Appeal Lawyer
A guilty verdict can be overwhelming. Many people are unsure of their next steps, confused about deadlines, or worried that appealing is impossible. In Ontario, however, individuals who have been convicted or sentenced have clear legal rights — and, in many cases, meaningful options for appeal.
This guide explains what happens immediately after a conviction, how the appeal process works, and what you should know if you are considering challenging the outcome of your case. Because appellate advocacy is a specialized area of criminal law, it can be helpful to speak with a lawyer experienced in appellate work. With over 20 years of appellate experience and more than 150 appeals argued at all levels of court — including the Superior Court of Justice, the Court of Appeal for Ontario, and the Supreme Court of Canada — Howard Krongold regularly assists clients in understanding their next steps and assessing whether an appeal is viable.
- You have a right to appeal a conviction or sentence
In Ontario, anyone convicted of a criminal offence has the right to bring a first appeal to a higher court — most often the Court of Appeal for Ontario.
You may appeal:
- the conviction,
- the sentence, or
- both.
A conviction appeal challenges whether the guilty finding was legally correct. A sentence appeal challenges whether the penalty was fit, proportionate, or imposed using the proper legal principles.
For many people, the right to appeal is automatic — you do not need permission from the Court to appeal a conviction.
- Appeals are about legal errors, not “redoing the trial”
An appeal is not a new trial. The Court of Appeal does not hear witnesses or retry the case.
Instead, the Court examines whether the trial judge made a legal error — for example, whether the judge:
- applied the wrong legal test,
- made an error in admitting or excluding evidence,
- misdirected the jury,
- imposed a sentence that was demonstrably unfit, or
- reached a verdict that was unreasonable on the evidence.
These are only examples. Appeals can succeed wherever an error affected the fairness of the trial or the reliability of the result.
- Timing is critical — you usually have 30 days
To begin an appeal, you must file a Notice of Appeal within:
- 30 days after the sentence is imposed, in most cases.
Missing this deadline does not automatically end your right to appeal — but you will need to ask the Court for permission to file late, which can be difficult.
This is why people often seek legal advice as soon as possible after a conviction.
- Will you have to serve your sentence while waiting for the appeal?
Not necessarily. You may be able to apply for bail pending appeal.
The Court will consider whether:
- your appeal raises an arguable issue,
- you will surrender yourself if the appeal is dismissed, and
- your release would pose any risk to public safety or confidence in the administration of justice.
Successful bail pending appeal allows you to remain in the community while the appeal proceeds. Drawing on extensive experience bringing these applications, appellate counsel such as Howard Krongold can assess whether a bail application is realistic and how best to present it.
Related: Top 5 Reasons Bail Gets Denied in Court
- What are your chances of success?
Every case is different. Some appeals succeed because the trial judge made a legal error; others succeed because the verdict was unreasonable; others succeed because the sentence imposed was disproportionate.
An experienced appellate lawyer can review the transcripts, identify potential grounds of appeal, and give you a realistic assessment of your prospects. Howard’s appellate work has been recognized by Best Lawyers®, which named him Ottawa’s Criminal Defence Lawyer of the Year (2025), and by his induction as a Fellow of the Litigation Counsel of America — honours that reflect his experience and judgment in appellate advocacy.
- What happens if your appeal succeeds?
If the Court finds an error that affected the outcome, it may:
- order a new trial,
- set aside the conviction,
- enter an acquittal (in rare cases), or
- reduce or vary the sentence
In some situations, a successful appeal results in immediate release.
- When should you speak to an appellate lawyer?
If you are considering an appeal, it is best to seek advice as soon as possible after conviction. An appellate lawyer can:
- review your case materials,
- identify potential errors,
- prepare and file the Notice of Appeal,
- pursue bail pending appeal where appropriate, and
- guide you through the appellate process from start to finish.
With more than 20 years of experience and a practice devoted to appellate advocacy, Howard Krongold assists clients in navigating the appeal process and understanding the options available at each stage.
Related: Ottawa Criminal Appeal FAQ – Answered by Howard Krongold
Final Thoughts
A guilty verdict is not always the end of the story. Ontario’s appeal system exists to correct errors and ensure fairness in the criminal process.
If you, or someone you care about, has recently been convicted or sentenced and wants to understand your options, you can contact AGP LLP and ask to speak with Howard Krongold about next steps.
