Legal Question in Criminal Law in California

how does one apply for a cruz waiver in custody?. what disqualifies someone from a waiver? does it matter if they have a strike?

Asked on 10/24/15, 3:05 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

A Cruz waiver happens as part of a plea. If anCruz waiver is entered, it says that the deal the defendant signed up for us valid as long as they show up for sentencing. If they fail to show up at a later sentencing date or if they pick up a new case while out pending sentencing, the plea remains, but the agreed upon sentence is gone. The judge could then give them the max.

You make the request (through your lawyer) as part of a plea deal. It is typically used when a defendant is already out of custody and wants to remain out until sentencing. Many judges will not take a Cruz waiver with in custody defendants and release them until sentencing, but it never hurts to ask. The reason many will not is that they don't want a claim to be made that the only reason the defendant took the plea was to temporarily get out.

No, it doesn't matter if they have a strike - a Ceuz waiver could still be taken, but it depends on the circumstances.

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Answered on 10/24/15, 6:04 am

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