Drinking and driving is a serious offense, and facing DUI charges can be complex and intimidating. In some cases, the defendant may have an attorney who is able to help them reach a plea deal with the prosecution or avoid the charges entirely. However, there are some instances where the defendant may feel overwhelmed or just uninformed and might be considering pleading guilty or no-contest by agreeing to a Tahl waiver.
Tahl waivers are meant to be a record of informed consent that the defendant is entering into a plea of guilty or no-contest voluntarily and with full knowledge of the rights, they are waiving. Additionally, they are an informative tool to ensure the defendant is aware of the potential consequences of waiving their rights.
It is incredibly important that a Tahl waiver be completed properly, signed by the defendant, and submitted in accordance with the requirements of the court, otherwise, it may be deemed defective. This can result in an invalid plea agreement and is why defendants are often questioned extensively by the presiding judge to ensure their understanding and agreement.
What is a Tahl Waiver?
A Tahl waiver is named for the case in which it was established. The California Supreme Court decided in 1969, in the case of In re Tahl that a defendant must “knowingly and voluntarily” waive several of their rights in order for a plea of guilty or no-contest to remain valid.
Occasionally during criminal proceedings in California, the defendant will make the decision to plead guilty or no-contest to their charge or charges. In this situation, the defendant must acknowledge that they have certain rights guaranteed to them by the constitution and that they are waiving these rights. This waiver is known as a Tahl waiver.
In most cases, the Tahl waiver will be a formal, written document. It will not only detail the individual rights they are waiving, as well as the potential consequences of waiving those rights, but it will also have the defendant’s signature as an acknowledgment and agreement. The waiver is then reviewed by the judge and confirmed with the defendant affirming their decision in open court.
What is the Purpose of Tahl Waivers?
Tahl waivers are crucial during criminal proceedings, for example, charges of murder or driving under the influence, because it is incredibly important that the defendant knows what they are committing to when waiving their rights.
The waiver is a tool for the presiding judge to ensure that:
- The accused is aware of their rights
- The accused understands that they are not being forced or coerced into waiving their rights
- The accused knows and understands the consequences of the waiver
In most cases, the court cannot even accept a plea of guilty or no-contest if there is no valid Tahl waiver in effect. This reaffirms that the defendant is cognizant of the terms of the waiver and that the plea is completely voluntary. California defense attorneys are well-versed in Tahl waivers.
Rights That Are Given Up With a Tahl Waiver
There are three main constitutional rights that a Tahl waiver is created to waive. The defendant is made aware of these rights during the process of creating the Tahl waiver before the jury trial begins, and they must be fully informed on the potential results of waiving these rights.
The 3 significant constitutional rights waived with a Tahl waiver are:
- The right against self-incrimination, which is guaranteed by the 5th amendment
- The right to confront witnesses, ensured by the 6th amendment
- The right to a jury trial, which is also guaranteed by the 6th amendment.
Additionally, Tahl waivers will also remind and reaffirm with the defendant that they still remain innocent until proven guilty, and that the prosecution still carries the burden of proving beyond a reasonable doubt that the defendant is guilty.
Defective Tahl Waivers and Their Effects
Completing or performing a Tahl waiver is vital to the criminal process, and if the accused has not officially completed one to the satisfaction of the court, any pleas of guilty or no-contest that they enter may not be valid. This also is the case if the Tahl waiver was completed incorrectly or the accused was not made aware of the consequences of waiving their rights.
To avoid this, the judge presiding over the case will frequently discuss the Tahl waiver with the accused. The judge will generally:
- Advise the accused orally in open court of their rights, and that the Tahl will waive those rights
- Confirm that the defendant does understand and wish to waive the rights
- Confirm that the accused still intends on entering a plea of guilty or no-contest
- Confirm that the defendant was not coerced, forced, or otherwise placed under duress to enter the plea
- Confirm that the accused is entering the plea knowingly and of their own free will
How Can a Tahl Waiver Be Submitted?
For cases featuring misdemeanor charges, the Tahl waiver can be created and executed before the court proceedings. The attorney can provide the TAHL waiver to the court and plead without the client present appearance, as long as it is notarized. However, some judges do not allow this.
What if the Defendant Changes Their Mind?
Sometimes, even after going through the process of entering a Tahl waiver and subsequent guilty or no-contest plea, the defendant decides to withdraw their plea. This is permitted under California Penal Code section 1018, provided some prerequisite conditions are met. The accused must show good cause for withdrawing the plea, and they must file a Motion to Withdraw a Plea.
Showing “good cause” means that the defendant must demonstrate that the plea they entered into previously was the result of some complication. This is often defined as a factor that demonstrates overreach, such as incompetence, inadvertence, ignorance, or mistake. Depending on the circumstances this can be relatively easy to prove, or it can be incredibly difficult.
Once the accused has shown good cause, they must then have the Motion to Withdraw a Plea filed with the court and entered into the record. The motion must be filed either before the defendant is sentenced or within 6 months of a probationary sentence. The motion cannot be filed once a sentence of incarceration has been handed down.
After the defendant shows good cause and either they or their attorney files the Motion to Withdraw a Plea, the defendant must then be given a formal opportunity to withdraw the plea and plead not guilty, if he pled guilty or no-contest without an attorney. Alternatively, if the accused did create an attorney-client relationship and was represented, they may be given a chance to change their plea, though it is not guaranteed as it would be if the conditions were met while they were not represented.
If You Are Charged With DUI and Considering a Tahl Waiver
If you have been charged with a DUI and may be considering waiving your rights to enter a plea of guilty or no-contest, be sure you reach out to a defense attorney in California before committing to anything. While you may be able to withdraw the plea later, there are no guarantees. Additionally, the criminal trial process can be incredibly complex, stressful, and intimidating, so having someone on your side can help the whole process go smoother.
If you contact an attorney to discuss your case in confidence, and they agree to represent you, you will have gained an invaluable legal resource. Not only will your criminal defense attorney form a solid attorney-client relationship with you, but they will be your source of priceless knowledge and experience with the trial process. When it seems like the whole system may be positioned against you when you’re facing charges, an experienced attorney can be a formidable ally and personal advocate.