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what is a harvey waiver?

Harvey waiver
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what is a harvey waiver?

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A Harvey waiver allows the court to consider dismissed charges during sentencing. In other words, suppose you were detained by law enforcement because you vandalized someone’s property. During the course of being detained, you got stupid and assaulted the officer. The DA or the Court might dismiss (and Harvey waive) the vandalism charge in exchange for your plea to assaulting the officer. That way, the Court could find you guilty of the assault and also consider the vandalism during the punishment (so that you could be ordered to pay fines that would be used for fixing the vandalism, for example). Hope that helped. My example might not be 100% right on (fairly sure it is, though), but the explanation of a Harvey waiver is for sure.

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