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How Would You Waive Your Right to an Appeal?

How Would You Waive Your Right to an Appeal?

Posted By Hochheiser & Hochheiser || 4-Sep-2013

When an individual is charged with a criminal offense in New York City, he or she has certain legal rights afforded by state and federal laws. There are specific actions, however, which could lead to your rights being waived with or without your prior knowledge. Should that occur, you could find yourself facing charges much more serious than is warranted, being convicted of a crime you did not commit or sentenced to penalties far beyond what should have been imposed. In cases where your right to appeal has been waived, you will be left with no legal process by which you can seek justice and to overturn a wrongful conviction.

Your right to appeal your case may be the only way you have to preserve your freedom and protect your future if you were wrongfully convicted or sentenced. A New York City criminal defense lawyer at Law Offices of Daniel A. Hochheiser knows how important it is to not only have a high level of litigation skills, but to have legal negotiation skills as well. Be wary of a lawyer who will quickly advise you waive your rights to an appeal, under the guise of negotiating a better deal for you. An appeal will allow you to take your case to a higher court for a review should you be convicted when innocent, or sentenced too harshly.

If any legal errors took place that impacted the outcome of your case, the higher court could potentially reverse or overturn the conviction, allow for a new trial, or reduce the penalties. There are some cases when legal counsel may advise waiving your right to appeal, in exchange for certain leniencies or as part of a plea bargain. This is primarily done in cases where an extremely violent, or vicious, criminal act was committed. A guilty plea would include waiving your right to appeal, if this is the arrangement negotiated with the prosecutor. Before you permanently waive your right to an appeal, contact the firm as this action could be extremely dangerous and is a decision that should be made carefully.

Categories: Appeals, Criminal Defense

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