Harvey Waiver Definition With Example

Category:

Criminal - Releases

State:

Multi-State

Control #:

US-02059BG

Format:

Instant download

Description

A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Hear this out loud PauseExamples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim's medical expenses after a violent assault.

Hear this out loud PauseAt sentencing, the judge then enters an "Order for Restitution," directing the offender to reimburse victims for some or all of the offense-related financial losses. Compliance with the Order of Restitution automatically becomes a condition of the offender's probation or supervised release.

Hear this out loud PauseAn Arbuckle Waiver is when a defendant agrees to forgo their right to have the same judge who accepted their plea bargain preside over their sentencing hearing. In most situations, defendants would prefer to have the same judge handle both of these elements of their case.

Hear this out loud PauseIn a Nutshell: A Harvey waiver is an agreement by defendant to waive any objection to restitution being calculated based on dismissed charges and charges that defendant was conviction for in a case with the intention by the prosecutor and court that the victim will receive restitution in full.

A Harvey waiver occurs when the defendant is charged with multiple criminal charges and the district attorney is willing to dismiss some of the charges so long as the defendant is willing to pay restitution damages, or be punished upon, the dismissed charges.