Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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In California, an Arbuckle Waiver is when you forego the right to have the same judge who accepted your plea bargain also handle your sentencing hearing. You have the right to have the same judge for both stages of the process. You waive that right with an Arbuckle Waiver. The name comes from a California Supreme Court case.
An Arbuckle Waiver is a waiver of your right to have the same judge who accepted your plea bargain to also impose your sentence. The judge must have retained sentencing discretion under the terms of your plea deal for the rights to be triggered.
In 1978, in the case People v. Arbuckle, the California Supreme Court recognized the general principle that you have a right to have the sentencing judge be the same judge that accepted your plea deal, so long as the trial court judge retained sentencing discretion pursuant to your plea agreement. The California Supreme Court recognized that the identity of the sentencing judge was a significant factor in your decision to plead guilty to a crime, even if it was just a misdemeanor. If the judge who accepted your plea bargain retained sentencing discretion, this became an implied term in the plea agreement. You have a contractual right to enforce that implied term of the agreement.1
However, you can choose to waive this right to have the same judge at both proceedings. Doing so is called an Arbuckle Waiver. If you make an Arbuckle Waiver, you will be sentenced for the criminal charges by a different trial judge than the one that received your guilty plea.
It is up to the prosecutor to prove that you knowingly and intelligently waived your right to be sentenced by the same judge.2
If you make a plea of guilty or a no-contest plea and the judge who receives that agreement retains sentencing discretion, but then a different judge sentences you, that would violate your Arbuckle rights. If this happens, you can:
Violations of Arbuckle rights are common in large courthouses with lots of judges. If a judge is reassigned, goes on leave, or retires between your plea agreement and your sentencing hearing, it can impact your Arbuckle rights. When this happens, you can file an Arbuckle Waiver or take back your plea deal. This would advance the criminal case past the arraignment and closer to the jury trial.
In California, your Arbuckle rights come from the fact that judges are given a lot of discretion in a sentencing hearing. They make important decisions about:
Because of this discretion, different judges have reputations for imposing relatively harsh or relatively lenient sentences. The identity of the judge at the sentencing hearing matters a lot. You may choose to plead guilty in order to get the judge accepting the plea to stay on the case for sentencing, as well.
In Arbuckle, the California Supreme Court recognized that it would be unfair for a new judge to sentence you if you expected and relied upon being sentenced by the same judge that took your plea agreement.4
Protecting this expectation also incentivizes you into taking plea deals, expediting your case, and saving resources in the criminal justice system.5
If you are a criminal defendant in California, you do not have to raise your Arbuckle rights. They are an implied term in the plea agreement. They are valid unless you waive them. It is up to the prosecutor to show that you made an Arbuckle Waiver. Even if you do not affirmatively invoke your Arbuckle rights, they are not forfeited.6
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.