Cruz Waiver
Table of contents
Click To travel To Chapters
1. What is Cruz Waiver?
2. What are Examples of Cruz Waiver?
A Cruz Waiver is an agreement in California criminal cases that allows a defendant to be released from custody between entering a guilty or no-contest plea and their sentencing hearing. It comes with specific conditions that must be followed to avoid harsher penalties. Violating the terms of the Cruz Waiver forfeits the original plea agreement, potentially leading to stricter sentences.
Here are several examples that illustrate how Cruz Waivers work in real-world scenarios.
Example 1: Failing to Appear at Sentencing
Scenario: Sarah pleads guilty to a theft charge with a plea agreement for probation and no jail time. The judge grants her a Cruz Waiver, allowing her to stay out of custody until the sentencing hearing.
Violation: Sarah misses her sentencing date and does not inform the court in advance.
Consequence: The court issues a bench warrant for Sarah’s arrest. When arrested, the judge revokes the original plea deal and imposes a harsher sentence, including jail time.
Example 2: Committing a New Crime
Scenario: Jack pleads guilty to a misdemeanor drug possession charge. Under the plea deal, he is sentenced to drug rehabilitation instead of jail time. He is granted a Cruz Waiver and released to handle personal matters before sentencing.
Violation: Jack is arrested for shoplifting while out on release.
Consequence: Because Jack violated the terms of his Cruz Waiver by committing a new crime, the court disregards the original plea deal and sentences him to jail time instead of rehabilitation.
Example 3: Violating Court-Ordered Conditions
Scenario: Maria pleads guilty to a DUI charge and is granted a Cruz Waiver while awaiting sentencing. As part of the waiver, the court orders Maria to stay in California and submit to random drug and alcohol testing.
Violation: Maria travels out of state without permission and fails a drug test.
Consequence: The judge revokes her plea agreement, rejects her request for probation, and imposes the maximum sentence allowed by law.
Example 4: Lying About Criminal History
Scenario: Daniel pleads guilty to a domestic violence charge, agreeing to a plea bargain that includes probation and mandatory counseling. The agreement is contingent on Daniel having no prior convictions. He is granted a Cruz Waiver to prepare for sentencing.
Violation: During the probation report, it is revealed that Daniel has a prior assault conviction he failed to disclose.
Consequence: The judge imposes a harsher sentence, such as jail time, citing the false representation and failure to adhere to the plea agreement’s conditions.
Example 5: Breaking Curfew or Travel Restrictions
Scenario: Emily pleads guilty to vandalism and is granted a Cruz Waiver. As part of her agreement, she must remain in her home between 8 p.m. and 6 a.m. and refrain from traveling outside the city limits.
Violation: Emily is caught outside her home after curfew and in a neighboring city without prior approval from the court.
Consequence: The court voids the plea deal and sentences Emily to the maximum penalty for her crime.
Example 6: Missing Drug Testing Appointments
Scenario: Alex pleads guilty to possession of a controlled substance with an agreement to attend a rehabilitation program instead of serving jail time. A Cruz Waiver is granted, but Alex must submit to weekly drug testing while out of custody.
Violation: Alex fails to attend several drug testing appointments without providing a valid reason.
Consequence: The court assumes noncompliance, revokes the plea deal, and imposes a prison sentence.
Example 7: Manipulating Evidence During Release
Scenario: Chris is charged with fraud and accepts a plea agreement that includes restitution payments. He is granted a Cruz Waiver to settle his financial matters before sentencing.
Violation: During his release, Chris falsifies documents to hide his assets.
Consequence: The court finds out about the forgery and imposes a harsher sentence, which may include additional fraud charges.
3. What are the Penalties for Cruz Waiver?
A Cruz Waiver is a conditional agreement in California criminal cases that allows you to remain out of custody between entering a guilty or no-contest plea and your sentencing hearing. However, the Cruz Waiver comes with strict conditions, and any violation of these terms can result in severe penalties, including the loss of your original plea agreement and a harsher sentence.
In this article, we will break down the penalties associated with violating a Cruz Waiver and what you can expect if you fail to comply with its conditions.
What Happens When You Violate a Cruz Waiver?
When you agree to a Cruz Waiver, you waive your right to enforce the terms of your original plea agreement if you:
Fail to appear at your sentencing hearing,
Commit a new crime, or
Violate any conditions set by the court for your release.
If any of these violations occur, the judge has the authority to impose the alternative sentence outlined in your plea agreement—or even the maximum penalty allowed by law for your charges.
Penalties for Failing to Appear at Sentencing
Scenario: Missing your sentencing hearing is one of the most common ways to violate a Cruz Waiver.
Consequences:
Bench Warrant Issued: The court will issue a bench warrant for your arrest. Law enforcement will actively search for you until you are taken into custody.
Harsher Sentence Imposed: The court may revoke the plea agreement and impose the maximum sentence for your charges. This could mean years in prison, depending on the severity of the crime.
New Charges Filed: Failing to appear in court is considered a separate crime under Penal Code § 1320 PC (Failure to Appear). This charge can carry additional jail time and fines.
Penalties for Committing a New Crime
Scenario: While awaiting sentencing, you are arrested for a new offense, such as theft or driving under the influence.
Consequences:
Loss of Plea Agreement: The court will no longer honor the terms of the original plea deal and will impose a harsher sentence for the initial crime.
Additional Charges: The new crime will result in separate criminal charges, adding to your legal troubles and potentially leading to additional jail time, fines, or probation requirements.
Loss of Credibility: Judges view violations like this as a sign of bad faith, making it more difficult to negotiate favorable terms in future court proceedings.
Penalties for Violating Court-Ordered Conditions
Scenario: Many Cruz Waivers come with specific conditions for your release, such as staying within California, adhering to a curfew, or submitting to random drug testing.
Consequences:
Enhanced Sentence: Violating these conditions can result in the judge imposing the maximum sentence allowed for your charges. For example, if the original plea deal included probation, a violation could lead to jail or prison time.
Additional Monitoring: If you’re allowed to remain out of custody, the court may impose stricter release terms, such as electronic monitoring or more frequent check-ins with law enforcement.
Loss of Release Privileges: In severe cases, the court may revoke your right to remain out of custody and order you to serve jail time until your sentencing hearing.
Example Penalty Scenarios
Example 1: Domestic Violence Plea Deal
Original Plea: Probation and a counseling program for a misdemeanor domestic violence charge.
Violation: Failure to appear at sentencing.
Penalty: The court imposes the maximum sentence of 1 year in county jail.
Example 2: DUI Charge
Original Plea: Probation and mandatory DUI classes for a first-time offense.
Violation: Arrested for a second DUI while out of custody.
Penalty: The court revokes the probation plea and imposes a jail sentence. New charges are filed for the second DUI.
Example 3: Drug Possession Case
Original Plea: Probation and rehabilitation program for a drug possession charge.
Violation: Failing a drug test and leaving California without permission.
Penalty: The court imposes a 2-year state prison sentence.
4. What are Legal Defenses for Cruz Waiver?
In California, a Cruz Waiver allows a defendant to remain out of custody between entering a guilty or no-contest plea and their sentencing hearing. However, agreeing to a Cruz Waiver comes with strict conditions, and violating those conditions can result in significant penalties, including the loss of the original plea agreement and a harsher sentence.
If you’ve been accused of violating a Cruz Waiver, it’s important to know that you have legal defenses available. With the right legal representation, you can challenge the alleged violation and potentially avoid harsher penalties.
Common Legal Defenses for a Cruz Waiver Violation
Here are some of the most effective legal defenses to consider if you’re accused of violating the terms of your Cruz Waiver:
1. Unintentional Failure to Appear
A failure to appear at sentencing is one of the most common violations of a Cruz Waiver. However, there may be legitimate reasons for missing your court date.
Defense:
Medical Emergency: If you were hospitalized or experiencing a medical emergency, this can serve as a valid defense.
Unavoidable Circumstances: Events like severe car accidents, natural disasters, or transportation breakdowns that were out of your control can justify your absence.
Improper Notification: If you were not properly informed of your sentencing date, you cannot be held accountable for missing it.
Evidence:
Providing documentation, such as hospital records, police reports, or proof of miscommunication, can support this defense.
2. Mistaken Identity
In some cases, violations may be attributed to the wrong person.
Defense:
If law enforcement or the court mistakenly accuses you of committing a crime or violating a condition, your attorney can argue that you were not the individual responsible.
Evidence:
Witness statements, surveillance footage, or alibis can prove that you were not involved in the alleged violation.
3. Violation Due to Miscommunication
Court-imposed conditions under a Cruz Waiver, such as curfews or travel restrictions, can sometimes be unclear or poorly communicated.
Defense:
If the violation occurred because the court failed to clearly explain the conditions or you received conflicting instructions, your attorney can argue that the violation was unintentional.
Evidence:
Documented communication between you and court officials, along with testimony, can demonstrate the misunderstanding.
4. Violation Was Not Willful
Cruz Waiver violations must generally be willful to justify harsher penalties.
Defense:
If the violation occurred because of circumstances beyond your control—such as a drug test failure due to a prescribed medication or a curfew breach because of a work-related emergency—your attorney can argue that you did not act intentionally.
Evidence:
Medical records, employer statements, or other relevant documentation can demonstrate that the violation was unintentional.
5. Lack of Probable Cause for New Criminal Charges
If your Cruz Waiver violation stems from a new criminal charge, your attorney can challenge the legitimacy of that charge.
Defense:
If the new charge lacks probable cause or evidence, your attorney can argue that the alleged violation is invalid.
Successfully dismissing the new charges can preserve your original plea agreement.
Evidence:
Police reports, bodycam footage, and witness testimony can help challenge the validity of the new charge.
6. Violation Was Minor and Did Not Justify Enhanced Penalties
In some cases, a violation may be so minor that imposing the maximum sentence would be excessive.
Defense:
Your attorney can argue that the violation was not significant enough to warrant voiding the plea agreement or imposing a harsher sentence.
For example, being a few minutes late for a court-ordered check-in may not justify severe consequences.
Evidence:
Records showing the minor nature of the violation, along with mitigating circumstances, can support this defense.
7. Improper Execution of the Cruz Waiver
For a Cruz Waiver to be valid, it must be knowingly and voluntarily agreed to by the defendant.
Defense:
If the court failed to properly explain the terms of the Cruz Waiver or you were coerced into agreeing, your attorney can argue that the waiver is invalid.
Additionally, the court cannot impose penalties that were not clearly outlined in the original plea agreement.
Evidence:
Court transcripts, documentation of the waiver terms, and testimony about the circumstances surrounding the agreement can help invalidate the waiver.
our clients say it best
Client Testimonials
5. What are Related Offenses to Cruz Waiver?
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile