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 Washington Harvey Waiver refers to a legal provision available in the state of Washington, United States. It is crucial to understand this waiver as it can have significant implications for certain individuals involved in legal matters. The waiver, also known as the Washington Harvey waiver, enables parties to waive their rights to object to challenges made against their competency, substantially affecting their legal standing. In essence, the Washington Harvey Waiver allows individuals to voluntarily relinquish their right to contest assertions regarding their mental capacity. This waiver is primarily used in cases where an individual is facing legal proceedings that require mental competency assessments, such as testamentary capacity, contract disputes, guardianship, or conservatorship matters. It is important to note that there are different types of Washington Harvey Waivers, each serving a specific purpose within the legal framework. These include: 1. Testamentary Capacity Waiver: This type of waiver is commonly used in cases involving wills, trusts, and estate planning. By signing a Washington Harvey Testamentary Capacity Waiver, an individual agrees not to object to any claims questioning their mental capability to make decisions regarding their estate or other related matters. 2. Contractual Capacity Waiver: This waiver pertains to contractual obligations and agreements. By signing a Washington Harvey Contractual Capacity Waiver, parties involved in a contract agree not to challenge the other party's capacity to understand and fulfill the contractual obligations. This waiver is often relevant in business transactions, partnerships, or other legal agreements. 3. Guardianship and Conservatorship Capacity Waiver: In situations where an individual is facing guardianship or conservatorship proceedings, signing a Washington Harvey Waiver can enable them to forgo challenging their own capacity to manage their affairs. This waiver allows the court to appoint a guardian or conservator without the need for a contested competency hearing. By utilizing the Washington Harvey Waiver, individuals can streamline legal processes, saving time and resources that would otherwise be expended in challenging their own competency. It is essential, however, to seek professional legal advice before signing any waiver, as the implications can have lasting effects on an individual's legal standing and rights.
