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

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.