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.
Los Angeles California Harvey Waiver: Understanding the Various Types and their Significance In the realm of legal proceedings, a Los Angeles California Harvey Waiver is a specialized document that plays a crucial role in certain contractual agreements, particularly those related to construction projects. This detailed description aims to shed light on the concept of Los Angeles California Harvey Waiver, its various types, and their significance in the legal landscape. A Harvey Waiver, also known as a Waiver of Statutory Lien or a Waiver of Right to Lien, is a legal instrument designed to relinquish and release a potential lien claim that a contractor, subcontractor, or supplier may have against a property owner. It is typically utilized in situations where parties enter into an agreement that involves the provision of services or materials for a construction project. The main purpose of a Harvey Waiver is to protect property owners from encumbrances on their property titles caused by potential lien claims arising from unpaid work or materials. By obtaining these waivers, property owners are shielded from the risk of disputes and potential legal actions, providing them with greater security and peace of mind throughout the construction process. There are different types of Los Angeles California Harvey Waivers to cater to specific scenarios that may emerge during the construction project. Some commonly seen waivers include: 1. Conditional Waiver and Release on Progress Payment: This type of waiver is used by a contractor, subcontractor, or supplier to acknowledge receipt of a progress payment while simultaneously waiving their right to claim a lien for the amount covered by the payment. It is typically issued periodically as the project advances. 2. Conditional Waiver and Release on Final Payment: A variant of the progress payment waiver, this type is issued when all work on a project is substantially completed. By signing this waiver, the party confirms the receipt of the final payment and waives the right to claim a lien for the final payment amount. 3. Unconditional Waiver and Release on Progress Payment: Similar to the conditional waiver, this type also acknowledges receipt of a progress payment. However, unlike the conditional version, the unconditional waiver does not include a condition, meaning that once signed, the right to claim a lien is fully waived. 4. Unconditional Waiver and Release on Final Payment: Similar to the unconditional waiver on progress payment, this waiver type is used to release any rights to claim a lien after receiving the final payment. It is commonly issued when all project work is completed and the final payment is settled. Los Angeles California Harvey Waivers are essential legal tools that protect the interests of both property owners and contractors involved in construction projects. These waivers promote transparency, prevent future legal complications, and maintain a harmonious relationship between the involved parties. By understanding the different types of Harvey Waivers and their significance, all stakeholders can ensure compliance with relevant laws and regulations and foster a smoother, more efficient construction process in the dynamic landscape of Los Angeles, California.Los Angeles California Harvey Waiver: Understanding the Various Types and their Significance In the realm of legal proceedings, a Los Angeles California Harvey Waiver is a specialized document that plays a crucial role in certain contractual agreements, particularly those related to construction projects. This detailed description aims to shed light on the concept of Los Angeles California Harvey Waiver, its various types, and their significance in the legal landscape. A Harvey Waiver, also known as a Waiver of Statutory Lien or a Waiver of Right to Lien, is a legal instrument designed to relinquish and release a potential lien claim that a contractor, subcontractor, or supplier may have against a property owner. It is typically utilized in situations where parties enter into an agreement that involves the provision of services or materials for a construction project. The main purpose of a Harvey Waiver is to protect property owners from encumbrances on their property titles caused by potential lien claims arising from unpaid work or materials. By obtaining these waivers, property owners are shielded from the risk of disputes and potential legal actions, providing them with greater security and peace of mind throughout the construction process. There are different types of Los Angeles California Harvey Waivers to cater to specific scenarios that may emerge during the construction project. Some commonly seen waivers include: 1. Conditional Waiver and Release on Progress Payment: This type of waiver is used by a contractor, subcontractor, or supplier to acknowledge receipt of a progress payment while simultaneously waiving their right to claim a lien for the amount covered by the payment. It is typically issued periodically as the project advances. 2. Conditional Waiver and Release on Final Payment: A variant of the progress payment waiver, this type is issued when all work on a project is substantially completed. By signing this waiver, the party confirms the receipt of the final payment and waives the right to claim a lien for the final payment amount. 3. Unconditional Waiver and Release on Progress Payment: Similar to the conditional waiver, this type also acknowledges receipt of a progress payment. However, unlike the conditional version, the unconditional waiver does not include a condition, meaning that once signed, the right to claim a lien is fully waived. 4. Unconditional Waiver and Release on Final Payment: Similar to the unconditional waiver on progress payment, this waiver type is used to release any rights to claim a lien after receiving the final payment. It is commonly issued when all project work is completed and the final payment is settled. Los Angeles California Harvey Waivers are essential legal tools that protect the interests of both property owners and contractors involved in construction projects. These waivers promote transparency, prevent future legal complications, and maintain a harmonious relationship between the involved parties. By understanding the different types of Harvey Waivers and their significance, all stakeholders can ensure compliance with relevant laws and regulations and foster a smoother, more efficient construction process in the dynamic landscape of Los Angeles, California.
