Waiver forms are a crucial part of the legal process in a criminal case. They serve to inform the defendant of their Constitutional rights and the potential consequences of a plea. Before a defendant pleads guilty or no contest, their attorney must review these rights with them. Many courts use waiver forms, which explicitly state all of the defendant's criminal rights.
The defendant needs to initial each right that applies to them and their particular criminal case and then sign the form at the end, indicating that they've read it, understood it, gone over it with their attorney, and don't have any further questions.
However, there are exceptions to the use of waiver forms. In many criminal courts, especially in felony cases, oral pleas are used. This means the defendant verbally pleads to the court, and the court then goes over all of their Constitutional rights with them on the record. A transcriber documents the entire process.
A lot of these courts need to do waiver forms. I'd probably say it's about 50/50. Most of the downtown — 210 West Temple/Criminal Courts Building — most of those judges on felonies are doing oral pleas. Not all of them, but most of them.
Whereas, in some of the other courthouses in LA, the judges do not do oral pleas. They use the felony waiver forms, which are very long and, to a degree, complicated for somebody who's never been charged with a crime before. That's why the attorney needs to go over with him.
Please explain it to him. Let them know how it might apply to them. For example, if somebody is not a citizen, that person needs to be told that by pleading guilty to a felony, they're going to be deported from the country. They should also even consult with an immigration attorney — someone who could really give them ideas, in addition to their criminal defense attorney, of what the consequences of any plea are if they're not a citizen and their immigration status is in question.
Advising Defendants of Their Rights
These Constitutional rights are of utmost importance, and the waiver forms are a tool for the court to advise the defendant of their rights properly. It's not uncommon for individuals to return to the criminal courts in Los Angeles months or even years later, claiming they didn't fully understand their rights and now wish to retract their plea. This lack of understanding can have serious consequences, including the potential for a conviction to be overturned.
Obviously, the criminal courts don't want that because then they wouldn't be able to get any convictions on cases. People would just keep coming back. And so, by using the waiver form to say wait a minute, you filled this waiver form out. You initialed it. You signed it.
The judge asked you if you understood it. Suppose you went over it with your attorney. Now, all of a sudden, you're saying you didn't understand everything. So, that's really a way that they can block people from coming back and trying to up-end the plea because then they have a bunch more cases they have to deal with, and a lot of times, if enough time has passed, witnesses' memories fade, and evidence goes away.
So, now the prosecutors can't prove these cases any more years later. So, that's why the criminal courts usually make it a point to have people fill out waiver forms so they can use those to show in the future that the person understood their rights and make their conviction stand instead of allowing them to take their plea back and get rid of their conviction. This is one way to block somebody from doing that is by way of using those felony waiver forms.
Consult with Our Lawyers
So, if you've never seen a felony waiver form, you can probably go online and take a look at it. Also, they're pretty much in every court in Los Angeles County. Like I said, I've been doing this for twenty-five years. I've been going over waiver forms for twenty-five years. The best bet is to go through them with your attorney. And even before you enter a plea, when you meet with your attorney, you should talk about anything you have concerns about.
Whether it be an immigration issue. Whether it be future employment. All these things need to be discussed with your attorney. Still, sometimes, regardless of whether it's going to hurt you in the future — by way of your employment or your immigration consequences if the prosecutors have the evidence against you. You're going to be found guilty if you go to trial, then regardless of whether you have immigration consequences or any other consequences, you need to work out a resolution in that particular case because just going to trial and losing is probably going to subject you to a harsher penalty. Maybe even harsher charges, and you're still going to get deported or have that bad job consequence in the future.
Ultimately, the decisions you make in your case are yours. It's important to discuss your options with your attorney and consider the potential consequences. Whether it's an immigration issue or future employment, make sure you're making the right decision for you and your circumstances.
