Florida 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

Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons.

Can they deny service and stop the case in its tracks? Actually, no, they cannot. Resisting service of process from a registered process server is classified as a first degree misdemeanor in the state of Florida.

What is a ?Harvey waiver? under California law? A ?Harvey waiver? is when a defendant stipulates, or agrees, that any dismissed charges can be considered against him during the sentencing phase of a criminal case. The waiver is typically used for purposes of victim restitution.

Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.

Waiver of Service of Process A plaintiff can notify the defendant that a lawsuit has been filed against the defendant, with the plaintiff asking the defendant to waive service of the summons.

Substituted service is another way to serve defendants who cannot be located or refuse service. The court must approve of the means of service. For instance, service may be made to a post office box or left with a person at a business that the defendant owns.