What Is A Cruz Waiver In a California Criminal Case?
When it comes to criminal cases in California, criminal defense attorneys need to know all sorts of terminology, and sometimes, it's helpful for a criminal defendant to know as well.
This concept of a Cruz waiver involves a criminal defendant who has entered a guilty or no contest plea to a felony in a criminal case and then decides that they are ready to plead. Still, they need to prepare to serve their jail time. The Cruz Waiver is named after the two California appellate court decisions that created it: People v. Cruz (1988) 44 Cal.3d 1247 and People v. Vargas (1990) 223 Cal.App.3d 1107.
So, what can happen is the judge can say okay, I'm going to take your plea today. I'll go ahead and put your sentencing, and your jail surrender over to another date.
But, I'm going to take what's called a Cruz waiver, and if during the thirty days, for example, that you're out of custody getting your affairs in order pending your sentencing after you pled, you pick up some new case or you do something to violate the law, I'm going to use that Cruz waiver against you.
Then, not only will you be looking at the time that you agreed to, but I'm going to be able to give you additional time. This is what the judge is going to say. I can give you up to the maximum sentence in your criminal case.
Real Case Example of Cruz Waiver in Los Angeles
I saw a really nasty example of this—fortunately, it wasn't my case. Still, one of my fellow criminal defense attorneys had a client in the San Fernando courthouse who showed up late for his sentencing after taking a Cruz waiver.
He was a couple of hours late. He had some excuse. The judge said well, listen, we took the Cruz waiver. You didn't abide by your end of the bargain, and now, instead of giving you one hundred eighty days in County Jail, I will provide you with sixteen months in State Prison. The judge did it, and there was nothing to stop the judge from doing that because they had done the Cruz waiver.
They tell you at the time of the Cruz waiver; I will let you out now. I'm going to let you go, but you pled guilty. Now we got you.
If you violate the terms and conditions of your Bond or your OR release, if you pick up a new case, if you do something illegal and I find out about it, or if you don't show up on time, I'm going to use this Cruz waiver to punish you harsher than you would have if you had just surrendered at the time you took the plea.
Defendant's Seeking Additional Time for Jail Surrender in Los Angeles
As a defense attorney, clients tell me I don't want to surrender yet. I need more time. And most of the time, only some of the time, most of the time I can get them more time. I can get them at least a couple of weeks – maybe even a month- depending on the circumstances, the judges will listen.
They are reasonable, and if the person is not a flight risk and not a danger to the community to commit more crimes, they will give them the extra time to get their affairs in order so they can surrender later.
But it is dangerous, and I have warned many clients about it. I say listen, don't do this if you're going to go out and do something stupid. Especially near the holidays, people go out drinking and driving. Would drinking and driving violate a Cruz waiver? New case. Now you're looking at more time. You're just looking at a whole big problem.
So, when you plead in your criminal case that that's what you're going to do, and they take this Cruz waiver, make sure your attorney explains all the ins and outs of it. Could you make sure your attorney explains the biases of the judges taking the Cruz waiver? You had better be on time for court.
The main thing people get nailed on is not coming to court on time. Either they overslept, or they didn't anticipate traffic. So, if you've taken a Cruz waiver in a case, make sure you don't get into any more trouble. Could you make sure you show up to court on time? Before you take a Cruz waiver in a case, obviously, you're going to want to talk to your attorney about it.
Please make sure they are on board with you doing it. But really, the Cruz waiver is a simple vehicle to say to the defendant, we're going to give you a break here. We won't take you into custody yet.
We're not going to institute your punishment yet. We will take your plea, but the bad thing is that once we take your plea, if you do something wrong, especially if you're on probation, for example, we will be able to violate your probation.
We'll be able to give you more penalties than you normally get. God forbid you to take a plea, and they do a Cruz waiver, and you potentially get a prison sentence because you pick up some stupid case like a DUI, or you show up late to court, or you do something else like you're caught drunk in public.
So, just be aware—if you take a Cruz waiver on a case, you've got to live by the letter of the law before you turn yourself in, and you better turn yourself in at the right time, location, and date.
