California Harvey Waiver

Q: What does time waived for sentencing mean?

Typically, most defendant&#039;s will waive this time for sentencing, which allows the court to impose the agreed upon sentence in cases where there was a plea agreement. This eliminates the need for an additional court date.

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

United States, 397 U.S. 742, 750 (1970). Vargas Waiver. A Vargas Waiver is a waiver of the defendant's right to withdraw his plea when the judge imposes a greater punishment at sentencing because the defendant violated a term of his pre-sentence release.

Simply put, a Cruz Waiver is a promise by an out-of-custody defendant to stay out of trouble and to return to court for the sentencing hearing. If they break their promise, they waive their right to the terms of the plea bargain or sentence and could face a harsher punishment.

An 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.

The Sixth Amendment and various state laws guarantee a defendant's right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to "waive time"?that is, to agree to the proceedings moving slower than state law provides.

Typically, most defendant's will waive this time for sentencing, which allows the court to impose the agreed upon sentence in cases where there was a plea agreement. This eliminates the need for an additional court date.

A Harvey waiver is an agreement by a defendant that any counts dismissed as part of a plea agreement can still be considered for the purposes of sentencing on the remaining counts. The waiver is typically used to ensure that victim restitution is ordered to compensate the victims for any losses.