What is the waiver of personal appearance in California?

California Penal Code Section 977 PC allows defendants to waive their required presence in court for most misdemeanor proceedings. Penal Code 977 PC allows defendant's to waive their court appearance for misdemeanor cases. If you sign this waiver, you can appear "by counsel only" at most court appearances.

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Plea Form with Harvey Waiver

Montana Plea Form with 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.

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Criminal - Pleas

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Multi-State

Control #:

US-02058BG

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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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How to fill out Plea Form With Harvey Waiver?

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FAQ

California Penal Code Section 977 PC allows defendants to waive their required presence in court for most misdemeanor proceedings. Penal Code 977 PC allows defendant's to waive their court appearance for misdemeanor cases. If you sign this waiver, you can appear "by counsel only" at most court appearances.

For example, a defendant might need to pay restitution for a victim's lost income resulting from injuries, and they might need to cover medical and therapy costs. In a murder case, the defendant might be ordered to pay the funeral expenses of the victim and pay for counseling for their family members.

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.

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.

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.

Montana Plea Form with Harvey Waiver

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Montana Plea Form with Harvey Waiver

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How to fill out Plea Form With Harvey Waiver?

Form popularity

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What is the waiver of personal appearance in California?

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What is a Harvey stipulation in California?

What does time waived for sentencing mean?

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