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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

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Attorney answers 5


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


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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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,

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones


Richard is correct about the appeal waiver almost always being part of a plea bargain. There are times when a special deal is struck in which the defendant is going to appeal and the prosecutor knows that and still makes a deal, but that is rare. Most prosecutors I know include an appeal waiver as a requirement of the deal. And, besides, if the defendant gets no worse punishment than he or she agreed to, the defendant cannot then appeal without the judge's permission, which is very unlikey.


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.
440 Louisiana
Suite 800
Houston, Texas 77002
713-224-6008 (fax)
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)
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and Accredited by the Texas Board of Legal Specialization.
Dean -- National College for DUI Defense

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