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.
Delaware Harvey Waiver: Understanding its Types and Implications In the state of Delaware, a Harvey Waiver is a legal concept that pertains to the transfer of property rights without the need for the consent of a spouse. This waiver ensures that both spouses have equal ownership and control over property acquired during the marriage. Delaware recognizes two types of Harvey Waivers: the Delaware Statutory Harvey Waiver and the Common Law Harvey Waiver. 1. Delaware Statutory Harvey Waiver: This type of waiver is governed by Section 254 of the Delaware General Corporation Law. It allows married individuals to waive their rights to acquire any marital interest in property owned or acquired by their spouse. Under this statutory provision, a Harvey Waiver should be in writing and properly executed. It is commonly used in the context of business transactions, such as corporate acquisitions or the purchase of real estate. 2. Common Law Harvey Waiver: Unlike the statutory waiver, this type is based on established common law principles. It involves an agreement between spouses that enables one spouse to acquire property without automatically granting the other an interest in it. A common law Harvey Waiver does not necessarily require a written document but should be supported by evidence that both parties intended to waive their rights to marital interests. This type of waiver is relevant in various personal situations, such as estate planning, partnerships, or joint ventures. Both types of Harvey Waivers serve a similar purpose, allowing individuals in Delaware to independently hold and manage property without the involvement or consent of their spouse. They ensure that property rights can be transferred between spouses freely, providing flexibility and efficiency in various legal matters. It is important to note that the precise legal requirements and implications of a Harvey Waiver may vary depending on individual circumstances and the specific application. Therefore, it is recommended to consult with a qualified attorney to ensure compliance with all relevant laws and regulations. In conclusion, a Delaware Harvey Waiver is a legal mechanism that facilitates the transfer of property rights between spouses without the need for spousal consent. Delaware recognizes two primary types: the Delaware Statutory Harvey Waiver and the Common Law Harvey Waiver. The former is governed by specific legislative provisions, while the latter is based on established common law principles. Understanding the nuances and implications of each type is crucial when dealing with marital property in Delaware.Delaware Harvey Waiver: Understanding its Types and Implications In the state of Delaware, a Harvey Waiver is a legal concept that pertains to the transfer of property rights without the need for the consent of a spouse. This waiver ensures that both spouses have equal ownership and control over property acquired during the marriage. Delaware recognizes two types of Harvey Waivers: the Delaware Statutory Harvey Waiver and the Common Law Harvey Waiver. 1. Delaware Statutory Harvey Waiver: This type of waiver is governed by Section 254 of the Delaware General Corporation Law. It allows married individuals to waive their rights to acquire any marital interest in property owned or acquired by their spouse. Under this statutory provision, a Harvey Waiver should be in writing and properly executed. It is commonly used in the context of business transactions, such as corporate acquisitions or the purchase of real estate. 2. Common Law Harvey Waiver: Unlike the statutory waiver, this type is based on established common law principles. It involves an agreement between spouses that enables one spouse to acquire property without automatically granting the other an interest in it. A common law Harvey Waiver does not necessarily require a written document but should be supported by evidence that both parties intended to waive their rights to marital interests. This type of waiver is relevant in various personal situations, such as estate planning, partnerships, or joint ventures. Both types of Harvey Waivers serve a similar purpose, allowing individuals in Delaware to independently hold and manage property without the involvement or consent of their spouse. They ensure that property rights can be transferred between spouses freely, providing flexibility and efficiency in various legal matters. It is important to note that the precise legal requirements and implications of a Harvey Waiver may vary depending on individual circumstances and the specific application. Therefore, it is recommended to consult with a qualified attorney to ensure compliance with all relevant laws and regulations. In conclusion, a Delaware Harvey Waiver is a legal mechanism that facilitates the transfer of property rights between spouses without the need for spousal consent. Delaware recognizes two primary types: the Delaware Statutory Harvey Waiver and the Common Law Harvey Waiver. The former is governed by specific legislative provisions, while the latter is based on established common law principles. Understanding the nuances and implications of each type is crucial when dealing with marital property in Delaware.
