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.
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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.
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.
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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.
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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.
W. Troy McKinney
Schneider & McKinney, P.C.
Houston, Texas 77002
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