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.
Alameda California Harvey Waiver is an important legal document that is designed to protect homeowners and property owners in Alameda County, California, from potential liability claims related to flooding and other damages caused by Harvey Waiver-related events. A Harvey Waiver is a waiver that property owners in Alameda County can obtain to exempt themselves from certain building code requirements, specifically those related to floodplain management and flood control measures. It allows property owners to construct buildings or undertake renovations in areas that have a higher risk of flooding, while acknowledging the potential consequences and assuming liability. There are a few different types of Alameda California Harvey Waiver, each catering to different situations and needs of property owners. These include: 1. New Construction Harvey Waiver: This type of waiver is applicable for property owners who wish to build new structures on their land that might fall within floodplain areas or have a higher vulnerability to flood-related damages. 2. Renovation Harvey Waiver: Property owners who want to renovate or make substantial alterations to existing structures in flood-prone areas can obtain this type of waiver. It allows them to modify their property while assuming responsibility for any potential flood-related issues. 3. Property Transfer Harvey Waiver: This type of Harvey Waiver comes into play when a property owner decides to sell their property, which is located in a floodplain area. The waiver transfers liability from the seller to the buyer, ensuring that both parties are aware of the potential risks and responsibilities. Obtaining an Alameda California Harvey Waiver requires a thorough understanding of local building codes and regulations to ensure compliance. Property owners must submit detailed plans, risk assessments, and demonstrate mitigation measures to minimize potential flood-related damages. By obtaining a Harvey Waiver, property owners in Alameda County can proceed with their construction projects or property renovations, while taking responsibility for any potential risks associated with flooding. It is an essential legal tool that allows property development while ensuring safety measures are in place to protect both the property owner and the surrounding community.
