If you have an option for a plea bargain, you may be required to agree to a Cruz Waiver. Is this a good option for you? Assuming you understand what it requires of you, it can be a very good option. Keep reading to learn what it is, and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been accused of a crime and require a free legal consultation with an experienced criminal defense attorney.

The Basics of the Cruz Waiver

Sometimes referred to as a Vargas Waiver or a Cruise Waiver, the Cruz Waiver involves a promise from a defendant who is not in custody to stay out of legal trouble and return to the court for their sentencing. In the event the defendant breaks the promise, they then automatically waiver their right to the terms of the plea bargain the prosecution has agreed to or the sentence they were promised. Instead, they will likely face a much harsher sentence.

Put another way, it holds that the defendant loses their right to a plea agreement if they do not comply with the terms of their release, including not showing up to the sentencing hearing. Judges often request a Cruz Waiver before they will release a defendant after the plea deal has been made but before the sentencing hearing.

What the Cruz Waiver Allows

This waiver allows the court that is sentencing the defendant to impose higher penalties if the defendant commits another crime, does not appear at sentencing, or violates any of the rules the court has set out for them to be released.

However, the defendant has to know that they are waiving certain rights. The court cannot give a defendant a harsher sentence just because they did not show up at the sentencing hearing because to do so would impede on their right to due process. They can be charged for failure to appear, but the court cannot give a harsher sentence for the crime the defendant failed to appear about.

Cruz Waivers Only Apply in Specific Situations

There are very specific situations in which Cruz Waivers are available. If the defendant has pleaded guilty or no contest to a crime, is out of custody on bail or on their own recognizance when the plea deal is agreed upon, and they receive a stay in sentencing to arrange their affairs before they go to jail. Only if all of these conditions are met can a Cruz Waiver be required.

If you are facing criminal charges, we invite you to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We will carefully assess your case to determine the best way you can proceed.