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January 1, 2024

What Is a Cruz Waiver in California Criminal Cases?

Imagine being granted extra time to address critical personal matters before sentencing in a criminal case. In California, a Cruz Waiver offers this opportunity by allowing defendants who have entered a plea deal to waive certain rights in exchange for more time to meet personal or legal obligations before beginning their sentence. This legal tool provides additional flexibility for the court and the defendant, yet it comes with critical responsibilities and potential risks.

Understanding how a Cruz Waiver works and its implications is vital to making an informed decision. At the Law Offices of Jennifer R. Solomon, we work closely with our clients to evaluate every option, helping them confidently navigate these complex legal situations.

What Is a Cruz Waiver?

A Cruz Waiver is a legal agreement stemming from the California Supreme Court’s decision in People v. Cruz, 44 Cal. 3d 1247 (1988). If you and your lawyer have agreed to a plea bargain with the prosecutor, you may want some additional time before serving your sentence to get your affairs in order. In other words, you may want to enter into the plea deal but put off starting your sentence. If you want this additional time, the judge may ask you to agree to a Cruz Waiver and set conditions for your release pending your sentencing date. Conditions include a promise to show up in court and surrender yourself on your sentencing date, refraining from committing any new crimes,  and any other condition the judge imposes. The waiver stipulates that if you fail to comply with conditions of release, the judge is not bound by the original plea agreement and can impose a harsher sentence than initially agreed upon—including the maximum sentence permitted by law. 

Example

Here is an example of how a Cruz Waiver might work.

John faces felony charges and decides to plead guilty as part of a negotiated deal. The plea agreement includes a reduced sentence, but John isn’t quite ready to begin serving his jail time as he wants to wrap up personal and professional matters first.

Recognizing this, the judge agrees to accept John’s guilty plea but postpones his sentencing and jail surrender for 30 days. To secure his temporary freedom, John must sign a Cruz Waiver, which allows him to remain out of custody under the conditions that he stay out of trouble and submit to weekly drug tests.

If John follows the rules and appears at sentencing as scheduled, the court will honor the plea agreement. However, if John gets arrested for violating another law, fails to get drug tested as ordered, or fails to show up for sentencing, the Cruz Waiver allows the judge to disregard the original plea deal. Disregarding the plea bargain means the judge can impose a harsher sentence—potentially the maximum penalty for John’s crime.

When Would Someone Use a Cruz Waiver in California?

Defendants often agree to a Cruz Waiver under these circumstances:

• They need time to get their affairs in order before serving a sentence;
• They have family or work obligations to address prior to incarceration; or
• They are complying with a diversion program or probationary terms as part of their plea agreement.

By utilizing a Cruz Waiver, you may secure additional time to meet personal and legal obligations while awaiting sentencing. However, the court expects strict adherence to its conditions.

What Are the Risks and Consequences of a Cruz Waiver?

While a Cruz Waiver can provide temporary freedom, it also comes with serious risks. If you violate the terms imposed when you accepted the waiver, you risk the following: 

• Revocation of the plea agreement—the court may void the original plea bargain;
• Revocation of the right to withdraw your plea—you no longer have the right to withdraw your no contest or guilty plea, and you will be subject to the sentence the judge imposes;
• Increased sentencing—if the judge voids the plea agreement, they can now impose the maximum sentence for the crime you pled guilty or no contest to;
• Loss of credibility—failure to comply damages your standing with the court, potentially affecting future leniency or parole considerations; and
• Arrest—violating a Cruz Waiver may result in the issuance of a bench warrant, leading to an immediate arrest. 

Failure to adhere to the terms of a Cruz Waiver may also influence a judge’s decision in any future criminal proceedings. 

How Do I Know If I Am Eligible for a Cruz Waiver in California?

A Cruz Waiver is not available in every case—it applies only under specific conditions. To qualify, you must:

• Enter a guilty or no contest plea to a criminal charge,
• Be released from custody on bail or your own recognizance when you enter the plea, and
• Obtain a court-approved delay in sentencing to handle personal matters before serving time.

If you meet these requirements, the judge overseeing the case will typically mandate a Cruz Waiver as a condition of allowing you to remain free until sentencing.

What Is a Time Waiver in a Criminal Case?

While a Cruz Waiver specifically relates to waiving the right to enforce the terms of a plea agreement for failure to comply with its conditions, a time waiver in a criminal case offers more general flexibility. 

What is a time waiver in a criminal case? After a preliminary hearing, you have the right to a trial within 60 days of the State filing charges. If you decide you want more time to prepare your case, you can waive your right to a speedy trial by entering a time waiver. 

And while a Cruz Waiver relates to post-plea conduct, a time waiver generally applies to the pretrial phase, permitting a delay in proceedings while preserving the right to a fair trial. Defendants must enter into both waivers voluntarily and with court approval. The Law Offices of Jennifer R. Solomon offers free 15-minute consultations and can help determine whether either option suits your circumstances.

How Can an Attorney Help with a Cruz Waiver?

Navigating a Cruz Waiver requires careful legal guidance. At the Law Offices of Jennifer R. Solomon, we provide support to ensure our clients understand their options, including:

• Personalized assessment—we evaluate whether a Cruz Waiver aligns with your legal strategy and long-term goals;
• Clear communication—our team ensures you fully understand the implications of this waiver, empowering you to make informed decisions; and
• Comprehensive representation—from negotiating favorable plea terms to advocating on your behalf in court, we are committed to securing the best possible outcome for your case.

With our extensive experience and personalized approach, you can feel confident knowing your rights and interests are protected.

The Law Offices of Jennifer R. Solomon Will Fight for You

We understand the complexities of California’s criminal justice system and the high stakes involved in every decision. When you work with us, you can expect:

• In-depth legal knowledge and skill—with years of experience in criminal defense, Jennifer Solomon provides strategic guidance tailored to your unique situation;
• Client-centered advocacy—we prioritize your needs and goals, crafting personalized strategies to achieve the best possible outcome; and
• Proven results—our firm has successfully helped clients navigate Cruz Waivers and other complex legal agreements, protecting their rights and minimizing risks.

Don’t navigate this process alone. Contact our office today for a free 15-minute consultation and take the first step toward resolving your case with confidence.