Sentencing and Arbuckle Waivers
A person who pleads guilty to a criminal offense has a right to be sentenced by the judge before whom he entered the guilty plea where the judge retained sentencing discretion. If time comes for sentencing and the sentence is to be imposed by a judge different from the judge who took the guilty plea and retained sentencing discretion, the person has the right to withdraw his guilty plea. A person's right to be sentenced by the same judge who took his plea can be waived by entering what is referred to as an Arbuckle waiver at time of entry of plea. There are instances however when the Arbuckle waiver rule does not apply. Instances include a judge's unavailabilty due to retirement, illness, resignation or death. If you are charged with a misdemeanor or felony, contact The Santa Cruz Criminal Defense Attorney, The Santa Cruz Criminal Defense Lawyer, The San Jose Criminal Defense Attorney, The San Jose Criminal Defense Lawyer.