Legal Question in Criminal Law in California
My bf got arrested for poss. Sales and transportation and we are about to have a baby in nov. ,he has 1 prior. Would he be able to get a cruz waiver until after the can't is born? And how does that process work?
4 Answers from Attorneys
A Cruz waiver happens when someone pleads guilty to a felony in exchange for a promise they will get probation. If the defendant commits a new crime, or fails to show up for sentencing, the plea stands but the judge doesn't have to honor the probation guarantee and can send the defendant to prison.
Your boyfriend should have a lawyer, whether it's someone he hired or a court-appointed public defender, who is in a better position to answer specific questions about his case.
A cruz waiver is only a possibility if it agreed upon in plea negotiations, between the prosecutor and the defense attorney. The judge must also agree to the arrangement. I believe your boyfriend needs to speak to his attorney, assuming he has one. If your boyfriend doesn't have an attorney, he needs one. When all parties have agreed to a particular sentence and , as part of the agreement, the defendant is released from custody for a period of time, the case is continued for sentencing on a date in the future. If the defendant appears at the sentencing, He will get the agreed upon disposition. If the defendant does not appear, the original deal does not have to be honored by the judge, and the defendant could be sentenced to the maximum possible time allowed by law, to the charge or charged he pled guilty to. I hope that helps...David Wallin
A cruz waiver is only a possibility if it agreed upon in plea negotiations, between the prosecutor and the defense attorney. The judge must also agree to the arrangement. I believe your boyfriend needs to speak to his attorney, assuming he has one. If your boyfriend doesn't have an attorney, he needs one. When all parties have agreed to a particular sentence and , as part of the agreement, the defendant is released from custody for a period of time, the case is continued for sentencing on a date in the future. If the defendant appears at the sentencing, He will get the agreed upon disposition. If the defendant does not appear, the original deal does not have to be honored by the judge, and the defendant could be sentenced to the maximum possible time allowed by law, to the charge or charged he pled guilty to. I hope that helps...David Wallin
A cruz waiver is only a possibility if it agreed upon in plea negotiations, between the prosecutor and the defense attorney. The judge must also agree to the arrangement. I believe your boyfriend needs to speak to his attorney, assuming he has one. If your boyfriend doesn't have an attorney, he needs one. When all parties have agreed to a particular sentence and , as part of the agreement, the defendant is released from custody for a period of time, the case is continued for sentencing on a date in the future. If the defendant appears at the sentencing, He will get the agreed upon disposition. If the defendant does not appear, the original deal does not have to be honored by the judge, and the defendant could be sentenced to the maximum possible time allowed by law, to the charge or charged he pled guilty to. I hope that helps...David Wallin
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