A central part of Andy’s character arc in The Lincoln Lawyer season 3 is a domestic violence case involving a Cruz Waiver, a legal document that has devastating consequences for a victim she’s trying to protect. While Andy is a supporting character in The Lincoln Lawyer season 2, the prosecutor takes a more central role in season 3. As Andy and Mickey start a relationship, they both introspect about their career choices. Both feel passionate about their respective jobs, but they begin to see the other side of complex legal situations.
One court case that causes Andy to start spiraling is the domestic violence against a woman named Deborah Glass. While Deborah expects a trial, the prosecutor explains to her that a plea deal is a guaranteed win, whereas the trial could go either way. The victim reluctantly agrees to the plea deal, not knowing that it would involve her husband getting a Cruz Waiver. This has deadly consequences when Andy forgets to tell Deborah that her abuser will be out of court custody.
If you or someone you love is involved in a domestic violence situation, please call (800)799-7233 or visit TheHotline.org (US) or FindAHelpline.com (international) for help.
California Cruz Waivers Explained: What They Are & Who Uses Them
Cruz Waivers Are Used Primarily In Plea Agreements Involving Lesser Charges
Andy offers a simplified explanation of a Cruz Waiver in The Lincoln Lawyer season 3, but the California legal document is much more complicated and restricted than what’s shown. To receive a California Cruz Waiver, a defendant must meet these three criteria (via EG):
- A defendant must plead guilty or file no contest
A defendant must already be out of custody on bail or their own recognizance.
The judge issues a stay of sentencing, delaying the period between them accepting the plea agreement and sentencing a defendant.
By agreeing to a Cruz Waiver, a defendant agrees to follow conditions, which typically involve not breaking any further laws and appearing at their sentencing date. The judge can also implement conditions like drug testing or not leaving the state. The waiver is granted so that a convicted person can get their affairs in order, whether that be business or personal. Typically, a Cruz Waiver lasts 30 days, though nothing technically prevents a 24-hour Cruz Waiver like the one Scott Glass gets in The Lincoln Lawyer.
A judge can request a Cruz Waiver as a condition of release; otherwise, they can remand a person into custody immediately. If a defendant doesn’t abide by the conditions of the plea agreement, breaks further laws, or doesn’t show up for sentencing, Andy correctly explains in The Lincoln Lawyer that they waive certain rights. They cannot withdraw their guilty plea anymore or request a trial. Additionally, a judge can sentence them up to the maximum for the crime, and the person who violated the Cruz Waiver cannot challenge it.
Why Deborah Glass’ Husband Was Given A Cruz Waiver In The Lincoln Lawyer
Scott Glass Was Allowed Out Of Custody For 24 Hours
As a part of his plea agreement, Scott Glass is granted a Cruz Waiver for 24 hours so that he can attend the funeral of his grandmother before being taken into custody to serve his sentence. Cruz Waivers can come from either the plea negotiations or the judge, but it appears the prosecution grants one as a condition of the agreement. At this point, a judge has to accept the deal, possessing the discretion to reject it.
Unfortunately, everyone involved made the wrong decision by giving Scott Glass a Cruz Waiver to attend a funeral. Based on his initial crime, it’s safe to say that Scott Glass should never have been let out of jail before serving his time in the legal drama. He had a proven history of violence, and he posed a significant risk to his victim.
Did Andy Cause Deborah’s Murder With Her Cruz Waiver Mistake?
Andy Wasn’t The Only Person Who Failed Deborah Glass In The Lincoln Lawyer
While Andy isn’t blameless in the Deborah Glass situation in The Lincoln Lawyer season 3, she certainly can’t harbor all the responsibility. First and foremost, Scott Glass murdered his wife. He’s responsible for her death. He will always be the person who caused the murder, and pointing the finger at anyone else diminishes his disgusting actions.
However, other individuals failed to protect her, even if they didn’t cause her death. Andy had a small part in that, and luckily, real-life protections like the VINE system in California help decrease the devastating consequences that can come from human errors like Andy’s. By forgetting to call Deborah, Andy failed her. Another person who must harbor some blame for failing Deborah is the judge.
Ultimately, the fact that multiple individuals in the system had a role furthers The Lincoln Lawyer season 3’s message that the system fails victims.
Information is mixed on what crimes are eligible for a Cruz Waiver, but most sources agree that they are usually granted for misdemeanor charges or non-violent felonies. Based on the plea deal of 1 year in prison, 1-year probation, and mandatory anger management classes, Scott Glass likely pled guilty to felony domestic violence. Additionally, by definition, domestic violence is a violent offense. As such, Deborah’s husband shouldn’t have been eligible for a Cruz Waiver, and the judge failed her by letting him out on one.
Scott Glass also shouldn’t have been eligible for a funeral release in The Lincoln Lawyer based on LA County policies (via PARS). Domestic violence charges disqualify an individual from getting an order of release for a funeral. Prosecutors involved in the deal, including Andy, made a mistake by not considering that, but the culpability falls on the judge who signed off on the agreement. Ultimately, the fact that multiple individuals in the system had a role furthers The Lincoln Lawyer season 3’s core message that the system consistently fails victims.