In the State of California, if a defendant in a criminal case agrees to a plea bargain and a judge accepts that plea bargain, the defendant has a right to have the same judge handle their sentencing. However, the defendant can use the Arbuckle Waiver to give up that right.

Why is this needed? What is the advantage? Keep reading for the answers to this and other questions, and contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with a criminal defense attorney.

Violation of the Arbuckle Rights

If a person pleads guilty or no contest in a plea bargain and the judge who accepts the agreement retains sentencing discretion, but a different judge ends up sentencing the defendant, then this is a violation of the Arbuckle rights.

The defendant then has the option to enforce their rights and demand that the same judge who accepted their plea sentence them, file an Arbuckle Waiver to allow the sentencing to go on or withdraw their plea deal.

Arbuckle Right Violations Are Common in Large Courthouses

A person’s Arbuckle rights are most commonly violated in a large courthouse in which many judges work. When a judge is reassigned, retires, goes on leave, or otherwise becomes unavailable between the time the defendant pleaded guilty and the sentencing hearing, the defendant’s rights have been violated. Then can choose to take back their plea deal or file an Arbuckle Waiver to waive their rights.

The Reason for Arbuckle Rights

Some people wonder why this matters. The short answer is that judges in California often have a lot of leeway in how they can sentence an individual. Different judges might have different reputations as administering harsh or lenient sentences, and this information might have been taken into consideration when a defendant agreed to plead guilty.

Your Rights Are Implied

If you are a criminal defendant in California, then you have Arbuckle rights – they are an implied term within a plea agreement. Unless you waive them, they are valid. In the event that your waiving of them occurred or not, it is up to the prosecutor to prove that you made an Arbuckle Waiver.

Contact a Criminal Defense Attorney Today

If you have been charged with a crime, then it is essential that you have a competent criminal defense attorney on your side. You can contact Law Office of Michael L. Fell now for a free legal consultation. We will go over your case, determine what your rights are, and give you options to move forward. Do not spend another minute without legal representation – contact us now at (949) 585-9055.