When Does it Make Sense to Appeal a Criminal Conviction
My question involves criminal law for the state of: Ontario, Canada
Hi everyone. I know I'm in Canada, but I couldn't find a Canadian law forum. I would just like to hear opinions of the law professionals on my case, because this is my first time ever to be involved in anything that has to do with the law.
I’d love to provide more details, so you’ll be able to see the whole picture, but it would be too long, also I'm not sure if I'm aloud to talk about all details. The trial is already done, and I'm only supposed to come back for the sentencing in 2 weeks. Please let me know if there is any law against it, and I hope i will be able to delete my posts.
So here is what happened to me. I had a neighbour (like a typical crazy cat lady), and we were not getting along since the beginning. There were 2 incidents with her where police was involved.
1. Me and my boyfriend were having an argument. The neighbour shows up, enters our apartment and starts yelling at me demanding to tell her what’s going on here. I told her it’s none of her business, and to leave. She insisted. We had an altercation. Eventually she calls the cops on me stating that I hit her. So as a result, I was taken to a mental hospital by the cops, but after I have talked to a doctor for about 15-20 mins, he tells me that there is no reason for me to be there, and I should go home which I did.
2. After a couple of months on New Years night, she called the cops on me again stating that I have sprayed her door with some chemicals (not true).The only thing I did wrong was becoming very argumentative and rude with the cops (I think anyone would get mad if they had cops showing up at 5 or 6 am on New Years night and accusing them of something that they haven’t done and not even telling you what happened). Eventually I get arrested and charged with mischief, assaulting a police officer and uttering death threats (all of them not true). I spend 2 nights in jail until my mom bails me out. Then we hire a lawyer and go to trial.
Now, at a trial there were very serious inconsistencies in prosecution witnesses, like my neighbour reports to the police that on New Year’s night she was sleeping and was awaken by me banging on her door and yelling obscenities, then she saw her door was sprayed. At the court she stated she was awake at 5 am, and she heard us coming home, and after some time she heard someone walking in a hallway and trying to be very quiet and unnoticed. Then she felt the smell and called the police assuming that I did something. She has also stated (its in the police report and one of the reasons I got arrested) that I have done this before, but then we had a talk, and I have apologised and cleaned it. At the court, she says that she found some cream at her door and assumed it was me, but then the cream was cleaned, but she never knew who did it. And there were many more inconsistencies about this and also the previous incident. Pretty much she lied to the cops both times, and she has forgotten what she has lied about, so she goes to the court and tells different things.
The police report states that I was trying to bite and spit at a male officer. At the court, the female officer stated that she hasn't seen me spitting or biting because she was behind her partner at that time, but her partner told her that I was doing it. When a male officer was asked by my lawyer if he told his partner (a female officer) that I was spitting or biting, he clearly stated “no why would I? My partner saw me. She was right next to me, gun belt by gun belt”. There were several other things, when the cops have been trying to be evasive about and were caught.
There were no inconsistencies in mine and my boyfriend's testimonies (we lived together, so he was a witness to all of this).
My lawyer has addressed all the inconsistencies that I have listed above and many more, and explained why all these witnesses are not credible. He has also discussed police brutality that even cops had agreed with.
The prosecutor’s speech was mostly about that what me and boyfriend are saying just doesn't make sense, that police and my neighbour wouldn't do the things we described, and how the judge shouldn't believe our words etc. No actual examples or arguments at all.
So guess what? As a result I’m found guilty of a mischief and assaulting a police officer, and the death threat charge is being thrown out. I’m supposed to come back for the sentencing in 2 weeks.
The judge has described what the cops said in court (while omitting the inconsistencies in their testimony), and said that yes it sounds logical, so he believes it has actually happened.
Then he says that I’m guilty of mischief, because me and my boyfriend have stated that when we came home there was nothing on my neighbour’s door, and the chemicals have appeared shortly after it, so it must be one of us. But because me and my neighbour are not getting along he believes it was me.
Then the judge says, that the fact that me and my boyfriend have stated that I don’t have mental issues (which I don’t, no diagnosis, nothing) is not true, therefore me and him are not credible, and he will disregard (sorry don’t remember the exact word he used, something similar to it) our testimonies. So that wasn’t even a lie, and we are not credible, while all other witnesses were caught lying, yet their testimonies are credible.
Sorry, but I don't understand this logic. I was proven innocent, but somehow found guilty.
I would like to know the opinion of other law professionals. Is it a normal decision made by the judge and it happens all the time or there is actually something wrong in his decision and I do have a chance to clear my name? Do judges just automatically believe cops even though when they are actually caught lying?
Also i think the judge (and the cops that took me to the hospital, and other cops that have arrested me) believe my neighbour more because of our appearance. She is an older (50+) lady, she is a teacher, Canadian born, wears glasses, so she is very well spoken and has no accent. I'm in my mid 20s (look even younger), and even though my English is good, but I still have a noticeable estern european accent (I'm a citizen, and I've been in a country for a long time, but I was brought here in my late teens, so my accent had stayed with me). Is it possible that this is the reason noone wants to believe me?
Also, originally I was planning to press perjury charges on my neighbour, because there is a clear evidence of her lying either to police or to court or both. But I was sure I was winning the case. Can I still file the charges if I won't appeal, and be sentenced and have record? Is there any legal action I can take against her for making me to go through all these?
Thank you in advance.
Re: Should I Waste More Time and Money on Appeals
Two things.
1 - A perjury case against the woman isn't going to happen. If you couldn't prove she was lying WHEN she was on the witness stand, you likely lost any chance at proving it later. Besides, people don't "press charges", they report crimes and the authorities decide whether to press charges. In this case you've already been convicted so your chances of the authorities taking any interest in perjury charges is slim to none.
2 - "Usually, appeals are based on the judge at the trial making a mistake in how he or she applied the law to the facts of the case. However, in some circumstance, an appeal can also be used to review whether the judge properly considered the evidence put forward at trial or whether the evidence was sufficient to support a conviction."
Quoted from:
http://www.yourbestdefence.com/criminal-appeal-lawyer
I have no way of telling whether an appeal would be a waste of time and money. Only you can decide that after a discussion with your attorney who was present in court and heard both sides of the story.
Frankly, though, you admit to being argumentative and rude to the cops and the rest of your story appears to be self-serving.
I suggest you have a conversation with your attorney or with an attorney who specializes in appeals.