accident. Johnson remained incarcerated until October 7, 2009, when he was released from jail. The charges in case no. CC-08-488 were later nolle prossed and Johnson was reindicted a second time in case no. CC-10-477 for charges that stemmed from the July 2007 accident. Accordingly, the time Johnson spent incarcerated pending trial in case no. CC-08-488 should have been applied to his convictions in case no. CC-10-477 because Johnson’s incarceration from February 15, 2008, until October 7, 2009, was a direct result of his criminal prosecution for charges stemming from the July 2007 accident. Moreover, there is no indication in the record that Johnson agreed to waive his jail credit pursuant to .a negotiated plea agreement with the State. See Lay v. State, 82 So.3d 9 (Ala.Crim.App.2011) (<HOLDING>). Therefore, the circuit court erred by not
holding that a defendant as a part of a negotiated plea agreement may waive his right to credit for time spent incarcerated awaiting trial holding that although a defendant can waive credit for time served in prison on the original sentence as part of a negotiated plea agreement such waiver must be clearly shown on the record and cannot be presumed recognizing the right to waive a jury trial holding that defendant can waive credit for time served as part of a plea agreement when the record clearly shows such waiver recognizing that a defendant in a criminal case may waive any right even a constitutional right by means of a plea agreement internal citation omitted