Connecticut Harvey Waiver

State:
Multi-State
Control #:
US-02059BG
Format:
Word; 
Rich Text
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

If you don't appear in court when you're supposed to, the court will interfere. They will issue a re-arrest warrant for the your arrest. At this time, you are considered a fugitive. If you hired a bail bondsman, they have the authority to take you into custody if they find you.

Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.

Typically, awaiting disposition simply means the case is still pending and a final disposition or result has not been reached.

Offers of Compromise: The Commissioner of Revenue Services or a designated agent of the Commissioner of Revenue Services is authorized to compromise any controversy arising from the application or enforcement of any Connecticut General Statute over which the Commissioner has authority.

Under Connecticut General Statutes§ 53a-173, it is illegal to fail to appear for a criminal court hearing willfully. If the defendant fails to appear for court, it is a separate crime punishable by an additional sentence to the crime already pending.

At every arraignment, the Judge will set bond. If you do not have a record and the case is not violent in nature, then most likely you will be released on a written promise to appear on all subsequent court dates. Other times, a judge will order a bond with or without surety.

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Connecticut Harvey Waiver