New Hampshire 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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How to fill out Harvey Waiver?

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FAQ

Arraignment in Superior Court ? The purpose of the arraignment is to serve the defendant with the indictment returned by the grand jury. The defendant enters a plea and the case is scheduled for trial. Often times the defendant will also waive his right to an arraignment.

Waiving the Arraignment ? A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by a lawyer and that lawyer files a ?waiver of arraignment and entry of not guilty? form with the court prior to the date of arraignment.

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.

Criminal cases follow a different series of stages. Criminal cases begin with an indictment, which is a formal notice of charges. The defendant is then charged and arrested. The defendant is brought before a judge and informed of the charges, referred to as the arraignment.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr. Co.

Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate.

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.

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.

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.

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