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Harvey Waiver

Guam Harvey Waiver

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

What is a ?Harvey waiver? under California law? A ?Harvey waiver? is when a defendant stipulates, or agrees, that any dismissed charges can be considered against him during the sentencing phase of a criminal case. The waiver is typically used for purposes of victim restitution.

A Cruz Waiver is an agreement with the court, usually enacted as part of a plea bargain, in which you are released from custody on a stay of sentencing on the promise to return at your appointed sentencing time and that you will not commit any new offenses in the meantime.

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.

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.

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.

What is a ?Harvey waiver? under California law? A ?Harvey waiver? is when a defendant stipulates, or agrees, that any dismissed charges can be considered against him during the sentencing phase of a criminal case. The waiver is typically used for purposes of victim restitution.

Mississippi 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Missouri 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Montana 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Nebraska 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Nevada 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

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