Wake North Carolina Harvey Waiver

State:
Multi-State
County:
Wake
Control #:
US-02059BG
Format:
Word; 
Rich Text
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.

How to fill out Harvey Waiver?

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FAQ

In North Carolina, the maximum amount that can be awarded in small claims court is currently $10,000. This limitation applies to monetary claims, excluding interests and court costs. Small claims court provides a faster resolution to disputes without the complexities of higher courts. Using the Wake North Carolina Harvey Waiver could help streamline your process in small claims matters.

A Cruz Waiver is a California criminal law procedure that requires a defendant to stay out of trouble while sentencing is pending. Under a Cruz Waiver, criminal defendants may be able to avoid waiting behind bars for their scheduled sentencing hearing.

A Tahl waiver is when a defendant waives certain constitutional rights before pleading guilty or pleading no contest to a criminal charge. These waivers are used in California cases involving both misdemeanors and felonies.

The arraignment is a formal process designed to ensure the protection of the defendant's rights. It is often the first time that a defendant sees a judge in their case, and sometimes that can lead to confusion. A defendant should never try to argue the facts of the case or present evidence during the arraignment.

A Harvey waiver is a stipulation or agreement by a defendant in a California criminal case that any counts dismissed as part of a plea agreement can still be considered for the purposes of sentencing. The waiver is typically used to ensure that victim restitution is ordered to compensate the victims for any losses.

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.

In essence, a defendant who enters into a Cruz Waiver is giving up their right to withdraw the plea for not showing up to the sentencing. In fact, the defendant subjects himself or herself to a harsher sentence for not showing up to the sentencing after having agreed to do so.

An Arbuckle Waiver is a waiver of a criminal defendant's right to have the same judge impose the sentence as accepted the plea bargain.

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Wake North Carolina Harvey Waiver