Wisconsin 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

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.

Madden (1970) 2 Cal. 3d 1017, is known as the 'Harvey-Remers-Madden' rule. A prosecutor must establish the source or reliability of the ?other officer's? information when law enforcement officers rely solely on information obtained from another police officer as the basis for a search or arrest.

Before the court will even entertain your 1538.5 motion to suppress evidence, you must prove that you had a ?reasonable expectation of privacy? in the place that was searched or the items that were seized. the evidence, therefore, should not be suppressed.

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.

Harvey, (1958) 156 Cal. App. 2d 516, 523, requires authentication when an officer's observations are gleaned from an indirect source, such as a caller to dispatch which eventually is relayed to the officer. The party proffering the evidence must prove the source of the information justified the arrest.

Maine 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Maryland 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Massachusetts 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Michigan 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

Minnesota 8.167 Attempted Aggravated Sexual Abuse-Administration of Drug, Intoxicant or Other Substance (18 U.S.C. Sec. 2241(b)(2))..

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