If You Waived Your Right to Appeal

December 02, 2012 | Blog

It is common for a federal prosecutor to seek a plea agreement with the defendant and his attorney. The motivation underlying such a plea agreement may be that the court dockets are too full, or that an inadequate amount of evidence against the defendant exists. Generally some kind of sacrifice is expected in return for such an agreement, such as pleading to a lesser charge or possibly waiving the right to appeal. If, under the latter circumstance, a person wishes to appeal, a Fairfield County appeals attorney may be able to help.

Can an Appeal Be Made?

When the right to appeal has been waived, one would expect that the coffin lid has been
shut and nailed tight on any chances of appealing the case in the future. While appealing a case that has been pleaded is an uphill battle, a Fairfield County appeals attorney may still be able to arrange an appeal hearing under certain circumstances:

  • The defendant did not knowingly and voluntarily agree to the plea agreement.
  • The sentence that was imposed does not correspond with that which was agreed upon in the plea agreement.
  • A procedural error in sentencing was made.
  • The sentence imposed is out of keeping with what is appropriate for such a conviction.

It should be noted that appealing a case when rights of appeal have been waived is more the exception than the rule. When one is considering a plea bargain, therefore, whether in federal or state court, it is vital that to consider all the ramifications of accepting it.


If you feel that a case for appeal exists in your conviction, speak with Fairfield County appeals attorney Mitchell Baker today. Call (914) 681-9500.