Indiana 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

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.

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.

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.

In 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.