Harvey Waiver
What this document covers
A Harvey waiver is a legal document that permits the court to consider charges that have been dismissed when determining sentencing in a criminal case. Without this waiver, a sentencing court cannot factor in these dismissed charges according to legal standards established in the case of People v. Harvey (1979) 25 Cal.3d 754. This form ensures that the defendant's rights related to these dismissed counts are explicitly waived, allowing the court to make informed decisions during sentencing.
Form components explained
- Waiver declaration: Statement where the defendant waives rights regarding dismissed counts.
- Consideration clause: Indicates that the court may consider dismissed charges when deciding on probation and sentencing terms.
- Scope of waiver: Specifies the charges the defendant agrees to waive rights over.
When this form is needed
This form should be used when a defendant wishes to enter a plea agreement that involves the dismissal of certain charges. It is particularly relevant during the sentencing phase of a criminal case when the court needs to determine the appropriate sentence, including probation eligibility or prison terms. Using the Harvey waiver can impact the outcome of sentencing positively when strategically applied.
Who should use this form
- Defendants in criminal cases facing plea agreements.
- Legal representatives or attorneys advising clients on the implications of dismissed charges.
- Individuals seeking clarity on their rights related to dismissed criminal counts.
Steps to complete this form
- Identify the defendant: Clearly state the name of the defendant waiving their rights.
- Review the charges: Ensure awareness of the counts being dismissed and those being waived.
- Enter the authorization: The defendant must sign the waiver to indicate agreement.
- Consult legal guidance: Consider discussing the implications with a legal professional to fully understand the rights being waived.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to review all dismissed charges before signing.
- Not consulting with a legal professional about the waiver's implications.
- Omitting essential information such as the defendantâs name or case details.
Benefits of using this form online
- Convenience: Download and complete the form from your home, without needing to visit a lawyer.
- Editability: Make adjustments easily to fit specific legal needs or jurisdictional requirements.
- Reliability: Access forms created by licensed attorneys, ensuring legal adequacy.
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FAQ
In the California Legal system a Cruz waiver is simply plea agreement, in which a defendant is released from jail and legally agrees that if they fail to appear at sentencing, a greater term (maximum allowable sentence) can be imposed by the sentencing court even if the new sentence is greater than the original plea
The base amount of restitution ordered typically cannot be waived. Any interest that collects can be waived.
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.
What happens at a restitution hearing? The judge will hear evidence related to restitution. The judge may ask you to show proof of your losssuch as receipts, bills, or estimates for repairsand to answer questions about the following issues in court: Did you experience a financial loss?
A Harvey waiver is a stipulation, or an agreement, by a defendant that any charges dismissed in his case can be considered against him at sentencing.
You can go to the court directly and ask the judge to forgive (vacate or dismiss) or reduce your debts. If you get your conviction dismissed, the court can forgive any remaining fines and fees you owe, including restitution fines (but the court CANNOT forgive your victim restitution).
An Arbuckle Waiver is an agreement to be sentenced by a judge other than the judge who accepted your guilty plea.
