Skip to main content

Why would a defense attorney not want his client to have a right to appeal?

Houston, TX |

Violation of probation and being charged with robbery but supposed victim cannot identify accused person, lawyer stated to client that he does not have time for client

Attorney Answers 5


  1. It is not clear what you are asking... but if I had to take a guess this is what I would say...

    The client may have already waived his right to appeal if the underlying charge was a plea agreement. The attorney may have been offered a plea bargain on the motion to revoke and as part of the plea bargain the client must waive his right to appeal.

    If this doesn't address the issue please clarify.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies


  2. I too am uncertain about your posting here. In addition to what has been said with which I'm in agreement, it sounds like there is a problem in the attorney/client relationship. You need to either resolve that conflict or seek the assistance of counsel with whom you are more comfortable.


  3. If you're lawyer doesn't have time for you, you should ask for your money back and hire a new lawyer. A waiver of a right to appeal is a standard requirement of any plea bargain. The State will not sign a plea bargain if the right to appeal is not waived (except in unusual circumstances by agreement). So basically, you either have to waive your right to appeal or have a trial.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  4. It's a standard part of plea agreements in Texas for the defendant to waive their right to appeal. Most prosecuting attorneys and judges won't agree to a plea bargain without a waiver of the right to appeal.
    www.austincriminaldefenseattorney.com
    512-495-1813
    Austin Jail Release and Bond Assistance
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  5. In addition to the answers you have already received, it may be that under the circumstances, there is no right to appeal in the first place. Thus, the "waiver" really waives nothing that is available anyway. As a practical matter, unless there were written pretrial motions heard and denied by the court, there is likely nothing to appeal and no right to appeal following the plea bargain.

    Troy

    W. Troy McKinney
    Schneider & McKinney, P.C.
    440 Louisiana
    Suite 800
    Houston, Texas 77002
    713-951-9994
    713-224-6008 (fax)
    wtmhousto2@aol.com
    http://www.texascriminaldefenselawyers.com
    http://www.houstondwiattorneys.com/
    Board Certified in Criminal Law - Texas Board of Legal Specialization
    Board Certified in Criminal Appellate Law - Texas Board of Legal Specialization
    Board Certified in DWI Defense, National College for DUI Defense (NCDD)
    NCDD Certification Program Approved by the American Bar Association
    and Accredited by the Texas Board of Legal Specialization.
    Dean -- National College for DUI Defense

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics