California  |  Criminal Law

Legal Question

Asked on: 2/02/12, 11:05 pm

my boyfriendis in coustdy, during witch time his father died and my boyfriend is next of kin, can he get out of jail on a cruze waiver to attened to his responabiltys in this matter

3 Answers


Answered on: 2/03/12, 6:43 am by Elena Condes

A Cruz waiver is generally when someone is out of custody waiting to be sentenced. It's a promise to return to court for sentencing and if you don't the plea agreement does not determine the sentence anymore and the judge can sentence the defendant as they see fit. Your boyfriend's attorney can ask the court for an order allowing a temporary release from custody to attend the funeral.


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Answered on: 2/03/12, 11:14 am by Anthony Roach

A Cruz waiver does not get your boyfriend out of jail for hardship. A Cruz waiver is a plea agreement, in which a defendant agrees that should she or he fail to appear at sentencing, a greater term can be imposed by the sentencing court. Defendant must be fully advised of, and waive, right to withdraw plea under Penal Code section 1192.7. (People v. Cruz (1988) 44 Cal.3d 1247; People v. Vargas (1990) 223 Cal.App.3d 1107.)


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