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How a man accused of fraud uncovered the Stingray surveillance device
- brazzledazzle 11y agoI can't believe it's possible to waive your right to appeal. That seems unconscionable.
- fweespeech 11y agoWhy? Its a deal that ends the legal proceeding permanently.
- brazzledazzle 11y agoPerhaps 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 11y agoYou'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.
- CPLX 11y agoOf 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 11y agoI 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?
- ck2 11y agoAlso, 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+to+speedy+trial https://www.google.com/search?q=public+defenders+waive+right... You know, that pesky sixth amendment that was so important.
- frandroid 11y agoBecause 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 11y agoThe 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 11y agoWaiving 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 11y agoYes, 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.
- SFjulie1 11y agoSo basically the journalist is amazed by the "weakness" of radio signal... which is it can be (either in reception or in emission) localized by triangulation ... Wahou! A great re-discovery of how our two ears can localize the sound of anything. (I will let people search by themselves a little bit on how a RADIO receptor can also be tracked with radio triangulation, emission is trivial. It implies you can create stingray detectors with a big enough budget... ouch)