40-c-2 Rights Waivers

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

40-C-2. Rights Waivers

Many prosecutors will require you to say that you waive certain rights in your plea bargain, and the courts will enforce your waivers.⁶⁹ Some prosecutors require you to waive your right to appeal your conviction, and the courts will generally uphold this waiver, provided it was accepted voluntarily, knowingly, and intelligently.⁷⁰ If you waive your right to appeal when you accept a plea bargain, not only will you lose the claims that are automatically forfeited by entering a guilty plea, but you will also waive the right to appeal based on many of the claims that were not initially waived by the guilty plea. An appeals waiver, however, does not completely prevent your right to appeal, and you still can challenge the constitutionality of your sentence.⁷¹

Additionally, you cannot waive certain rights because of "society's interest in the integrity of criminal process."⁷² These non-waivable rights include the constitutional right to a speedy trial,⁷³ the right to challenge the legality of the sentence,⁷⁴ or the right to be examined to determine if you are competent to stand trial.⁷⁵ Even if you explicitly waived these rights in your plea agreement, the courts will not enforce the waiver, and you can challenge...