What Is a Cruz Waiver Under California Law?

What Is a Cruz Waiver Under California Law?

What Is a Cruz Waiver Under California Law?

A Cruz Waiver is a California criminal law procedure that requires a defendant to stay out of trouble while sentencing is pending. Under a Cruz Waiver, criminal defendants may be able to avoid waiting behind bars for their scheduled sentencing hearing. A Cruz Waiver can be negotiated as part of a plea bargain between the prosecution and your defense team. A judge may ask for you to agree to a Cruz Waiver as a condition of releasing you prior to sentencing.

The Definition of a Cruz Waiver

There may be a gap between when you and your attorneys agree to a plea bargain with the district attorney and your sentencing hearing in California. During this time, you may be able to secure release and avoid being held behind bars. However, the judge may require a Cruz Waiver as part of allowing you back into the public, pending sentencing.

A Cruz Waiver means that you will not be able to enforce the terms of your plea bargain if you violate your release. A violation may occur because you do not appear for your sentencing hearing or because you get in additional criminal trouble.

If you violate any of the terms of your release after a Cruz Waiver, the court can automatically reinstate the alternative sentence under your plea bargain. Sometimes, this could be the maximum penalty allowed under the law.

Without a Cruz Waiver, all defendants have the right to withdraw from a plea bargain before sentencing. The Cruz Waiver means if you screw up, you will be guaranteed to face stiff punishment.

What Is a Plea Bargain?

Cruz Waivers occur as part of plea bargaining. Often, prosecutors will charge you with as many crimes as they possibly can after an incident. Their hope may not be to take all of the charges to trial but instead, put you at risk of severe punishment. The chance of facing long sentences and heavy fines may drive you to plead guilty to a lesser charge in exchange for the other charges being dropped.

You should consult with a skilled criminal defense attorney to determine whether a plea bargain makes sense in your case. Your legal team can negotiate with the district attorney to ensure your case is positioned as best as possible.

How Does a Cruz Waiver Benefit Me?

If a judge requires that you agree to a Cruz Waiver, the most obvious benefit is that you will have your freedom until your sentencing hearing. In the absence of a Cruz Waiver, the judge may require you to be held in jail until you are formally sentenced.

Being released for the time between your plea bargain and your sentencing hearing can have chance benefits for your life. Typically, a few weeks go by between your arraignment and sentencing. During this time, you can get your affairs in order before reporting to jail.

Some of the things you can do are discuss options with your employer, end any leases or rent you pay, ensure your possessions are securely stored, and more. Crucially, you will be able to set your finances up to minimize losses and be ready for you whenever you have finished serving your time.

However, a Cruz Waiver comes with the risks of a harsher sentence if you violate any of its terms. Therefore, you need to discuss any agreements with your legal team before signing off on a waiver.

Wondering if a Cruz Waiver could impact your case in Huntington Beach, California? The experienced criminal defense team at Chambers Law Firm can help you understand the benefits and risks. Contact our attorneys for an obligation-free consultation by calling 714-760-4088 or emailing dchambers@clfca.com.

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