[brazzledazzle]

I can't believe it's possible to waive your right to appeal. That seems unconscionable.

[ck2]

Also, every single day public defenders waive the right to a speedy trial on behalf of their clients before those people even know what is happening or what is being done.

https://www.google.com/search?q=public+defenders+waive+right...

You know, that pesky sixth amendment that was so important.

[frandroid]

Because otherwise the client will be in jail before their lawyers know what's happening because the prosecution had all the time in the world to prepare their case before laying down charges, and overworked public defenders need time to build a case to defend an already built case?

[ck2]

The state often has near unlimited resources to prosecute a case, if given extended time they can come up with all sorts of things.

Speedy trials protect the defendant from rotting in jail without charge for years which is happening more and more now.

[CPLX]

Waiving speedy trial can be strategic. Sometimes time is on the side of the defense sometimes it isn't.

The whole point of a right is that it's generally optional for the person who's right it is.

You have the right to remain silent and the right to speak freely. Those two rights aren't in conflict.

[FireBeyond]

Yes, but in more and more cases it's being done without the knowledge or agreement of the client, but to minimize load on public defenders.

[CPLX]

Of course you can waive your right to appeal. It's a settlement. You waive lots of stuff in a plea, also your fourth amendment rights via allocution typically.

[x1798DE]

I agree that it's not necessarily unconscionable to allow this, but I'm curious about appeals on grounds of legal malpractice - if the lawyer who crafted your "no appeals" deal was on violation of their fiduciary duty, can you appeal the court's acceptance of the plea bargain?

[fweespeech]

Why?

Its a deal that ends the legal proceeding permanently.

[brazzledazzle]

Perhaps this is an exception to it, but what if information comes to light that completely invalidates their case and proves that you're innocent?

[fweespeech]

You've admitted guilt with full knowledge of the legal consequences, while advised by an attorney [unless you self-represent and fire your public defender].

I'd say its the one situation where, yes, it isn't going to be 100% perfect but trying to "improve" it will likely have collateral damage.