District of Columbia Harvey Waiver

State:
Multi-State
Control #:
US-02059BG
Format:
Word; 
Rich Text
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.

The District of Columbia Harvey Waiver is a legal agreement that serves as a means for parties involved to waive certain rights and claims in the context of contracting for construction projects in Washington, D.C. This waiver ensures that contractors and subcontractors are aware of their rights and responsibilities regarding payment and disputes. One type of District of Columbia Harvey Waiver is the Partial Waiver and Release of Lien Rights. This waiver is typically used when a contractor or subcontractor has received partial payment for their work and is willing to release their lien rights for the amount paid. By signing this waiver, the contractor acknowledges that they have been partially compensated and cannot file a lien against the property for the amount received. Another type is the Final Waiver and Release of Lien Rights. This waiver is executed when a contractor or subcontractor has been fully paid for their work and releases all lien rights associated with the project. By signing this waiver, the contractor confirms that they have received the total payment owed and forfeits any future claims or legal actions related to the project. The District of Columbia Harvey Waiver has become an essential document in construction contracts. It protects property owners, general contractors, and subcontractors by clearly outlining the payment terms and releasing potential lien claims. This waiver emphasizes the importance of timely payments and ensures that all parties involved have a clear understanding of their rights and obligations. It is crucial to carefully review and understand the terms of the District of Columbia Harvey Waiver before signing. Consulting with legal counsel experienced in construction law is recommended to ensure compliance with the applicable regulations and to safeguard one's rights and interests. Overall, the waiver provides a structured framework that promotes transparency and accountability in the construction industry.

How to fill out District Of Columbia Harvey Waiver?

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FAQ

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.

At sentencing, the judge then enters an "Order for Restitution," directing the offender to reimburse victims for some or all of the offense-related financial losses. Compliance with the Order of Restitution automatically becomes a condition of the offender's probation or supervised release.

For example, a defendant might need to pay restitution for a victim's lost income resulting from injuries, and they might need to cover medical and therapy costs. In a murder case, the defendant might be ordered to pay the funeral expenses of the victim and pay for counseling for their family members.

California Penal Code Section 977 PC allows defendants to waive their required presence in court for most misdemeanor proceedings. Penal Code 977 PC allows defendant's to waive their court appearance for misdemeanor cases. If you sign this waiver, you can appear "by counsel only" at most court appearances.

A Cruz Waiver is an agreement with the judge normally enacted as part of a plea deal. In other words, it is a relinquishment of your right to enforce the terms of a plea agreement should you violate the terms of your release or fail to appear at your sentencing hearing.

More info

Failure to file timely objections may waive appellate review of a District Court order adopting the magistrate judge's report. All magistrate judge's ... In September 2017, an RFG waiver was granted for 38 East Coast states and the District of Columbia to address fuel supply emergencies caused by Hurricane Harvey ...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 ... Your completed Fee Waiver Application will be reviewed by the division where your case is filed. For questions, please contact that clerk's office. Title ... The discussion below will follow a rough chronology of a typical FOIA lawsuit -- from the threshold question of whether jurisdictional prerequisites have been ... The Domestic Emoluments Clause provides that the President shall receive “for his Services” a fixed compensation during his tenure and not “any other Emolument. The Working Group invited probate lawyers who practice in D.C. to complete a survey that was ... waived in a will or if all heirs or legatees sign a waiver.55. Respondents filed petitions in the District of Columbia Court of Appeals asking for waivers of that court's District of Columbia Bar admission rule that ... No information is available for this page. Feb 9, 2022 — ... the employee waived the 10-day requirement ... file a charging petition, the youth's case proceeds through traditional prosecution in the Family.

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District of Columbia Harvey Waiver