Legal Question in Criminal Law in California
Whats a harvey waiver? And once a person is sentenced on that case, goes to prison, gets off parole. Then a few years later is a person gets in trouble does the harvey waiver that was signed come into play again?
2 Answers from Attorneys
A Harvey waiver applies when there are dismissed counts in a plea deal. They are responsible for restitution on the dismissed counts as part of a Harvey waiver. It can apply in some circumstances where the dismissed counts could be considered for determining punishment.
It is part of the original deal and doesn't come into play for parole or probation except as I described.
Please pardon any typos - posted via mobile device.
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. (People v. Harvey (1979) 25 Cal.3d 754.)
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