Juvenile criminal convictions can result in penalties, as well as a criminal record. In some cases, you may be able to appeal the juvenile court’s findings and attempt to obtain a different result in your case. In other cases, you may be able to apply for a review of the decision.
If you or your child wishes to appeal the decision of a juvenile court or have that decision reviewed, the experienced juvenile defence lawyers at Bourdon Defence may be able to assist. Our skilled legal team can review the juvenile charge, as well as the decision, and explore all of your legal options.
Filing an Appeal With a Higher Court
Appeals are a two-way street. If you are dissatisfied with the judge’s decision in your case (regarding a guilty finding, for example)—or if you disagree with the sentence that the judge imposed—you may be able to appeal the judge’s decision to a higher court. The Crown prosecutor may also be able to appeal the court’s decision in the event he or she believes that the judge should have found you guilty, or that the penalties imposed should have been more severe. In order to be timely, you must file your appeal within 30 days of the date on which your punishment was imposed. Moreover, even if you decide to file an appeal, in most cases, you must still comply with the original punishment conditions—unless the higher court makes a different decision.
Filing for Review of a Decision
Filing for judicial review of a decision is similar to an appeal. However, the review is not handled in a higher court. A juvenile might be eligible to apply for a review in the following circumstances:
- The juvenile’s personal circumstances have changed considerably since the time the judge imposed the sentence
- The juvenile is having difficulty completing the penalty that the judge imposed at sentencing
- The penalty terms that the judge imposed are precluding the juvenile from being able to attend school, obtain services, or obtain employment
- The court decides that a review is appropriate under the circumstances
What Happens at a Review Hearing?
At a juvenile review hearing, a variety of things can happen. The judge will listen to the testimony of anyone who is present at the hearing and may also review any relevant reports prepared since the date of the imposition of the sentence. After that, the judge may decide to confirm the previous penalty, end it, or modify it in some way.
Call a Calgary Juvenile Defence Lawyer Today
If you or a loved one received a conviction in a Calgary juvenile court, you may be eligible to pursue an appeal or a review. The defence lawyers at Bourdon Defence can determine your eligibility and represent you throughout the appeal or review process. They can also ensure that all of the necessary forms and paperwork get filed in a timely manner. To schedule a free consultation and case evaluation with a Calgary juvenile defence lawyer, please call us today at (403) 474-4143, or contact us online.