As a defendant in a criminal case, you play a crucial role in the legal process. Waiver forms are a tool that empowers you by informing you of your Constitutional rights and the potential consequences of a plea. Before you make any plea, your attorney must review these rights with you. Many courts use waiver forms, which explicitly state all of your criminal rights.
The process of reviewing and signing the waiver form is thorough and ensures your understanding and agreement. You must initial each right that applies to you and your particular criminal case, and then sign the form at the end. This indicates that you've read, understood, and reviewed it with your 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.
Many of these courts require waiver forms. I'd probably say it's about 50/50. Most of downtown — specifically, the 210 West Temple/Criminal Courts Building — has most of those judges handling felony cases, and they are conducting oral pleas. Not all of them, but most of them.
Whereas, in some other courthouses in LA, judges do not conduct oral pleas. They use the felony waiver forms, which are very long and, to some degree, complicated for someone who has never been charged with a crime before. That's why the attorney needs to go over it with him.
The attorney's role is crucial in this process. They need to explain the implications of the waiver form to the defendant, how it might apply to them, and any potential consequences. For example, if someone is not a citizen, they need to be informed that pleading guilty to a felony will result in deportation from the country. They should also consult with an immigration attorney — someone who can provide valuable insights, in addition to their criminal defense attorney, on the consequences of any plea 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 serve as a tool for the court to properly advise the defendant of their rights. 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, leading to a new trial or even dismissal of the case.
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, you essentially said, 'Wait a minute, I filled this 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 they can block people from coming back and trying to upend the plea, because then they have a bunch more cases to deal with. And a lot of times, if enough time has passed, witnesses' memories fade, and evidence disappears.
So, now the prosecutors can no longer prove these cases after more years have passed. Therefore, that is why the criminal courts usually require individuals to fill out waiver forms, which they can use to demonstrate in the future that the person understood their rights and had their conviction stand, rather than allowing them to withdraw their plea and have the conviction dismissed. One way to prevent someone from doing that is by using those felony waiver forms.
Consult with Our Lawyers
If you've never seen a felony waiver form, don't worry. You can probably find one online or in every court in Los Angeles County. I've been doing this for twenty-five years, and I've been going over waiver forms for twenty-five years. The best course of action is to review 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. You're not alone in this process.
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 likely to be found guilty if you go to trial. Regardless of whether you face immigration consequences or other penalties, you should work out a resolution in that particular case, as simply going to trial and losing is likely to result in 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 a future employment decision, ensure you're making the right choice for you and your specific circumstances.
