A Harvey waiver is a legal agreement that allows a court to consider charges that have been dismissed when determining a sentence in a criminal case. Without this waiver, a sentencing court cannot take into account any information related to charges that were dismissed as part of a plea bargain. The term originates from the California case People v. Harvey (1979) 25 Cal.3d 754, which established this legal principle.
The Harvey waiver is primarily used in criminal law, particularly during sentencing phases. It is relevant in cases where a defendant has entered a plea bargain that includes the dismissal of certain charges. By signing a Harvey waiver, defendants allow the court to consider these dismissed charges, which may influence the severity of their sentence. Users can find legal templates for Harvey waivers through resources like US Legal Forms, which can assist in navigating this process.
Here are a couple of examples of abatement:
For instance, if a defendant is charged with multiple offenses and agrees to plead guilty to one charge while having others dismissed, they may sign a Harvey waiver. This waiver permits the judge to consider the dismissed charges when deciding on a sentence for the remaining charge.
(Hypothetical example): A defendant charged with theft and assault pleads guilty to theft, and the assault charge is dismissed. By signing a Harvey waiver, the court can consider the assault charge when determining the sentence for the theft charge.
The primary case law relevant to the Harvey waiver is People v. Harvey, which set the precedent for its use in California. Other states may have similar principles, but specific statutes can vary.
| State | Harvey Waiver Application |
|---|---|
| California | Widely recognized and used in plea bargains. |
| New York | Similar provisions exist but may be termed differently. |
| Texas | Does not formally recognize the Harvey waiver; different rules apply. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Harvey Waiver | Allows consideration of dismissed charges during sentencing. |
| Plea Bargain | An agreement where the defendant pleads guilty to a lesser charge. |
| Sentencing Enhancement | Factors that can increase the severity of a sentence based on prior offenses. |
If you are facing a situation where a Harvey waiver may apply, consider the following steps:
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