What is a Harvey Waiver in a DUI?
What is a Harvey Waiver in a DUI? What courts in Orange County DUI cases call a “Harvey Waiver”, or “Harvey Advisement” is named after a California case, People v. Harvey (1979) 25 Cal.3d 754.
The most common situation, by far, is when there is a hit and run, plus a DUI, and a plea bargain dismisses the hit and run charge. Dismissing a count is generally good, but when a DUI is combined with a hit-and-run allegations – and in a number of other instances – a prosecutor will agree to drop one of the charges if the defendant will agree to accept a “Harvey Waiver.” A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Unless there is a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain.
How is a Harvey Advisement used in a DUI?
A Harvey waiver or advisement is normally used whenever you have an accident and dismissed counts in a DUI plea bargain.
It is seldom mentioned, but the problem with a Harvey Waiver is clear. If a Harvey Waiver allows someone to be sentenced without a trial or conviction, what happens if the defendant is innocent if the charge? How does a court know that a defendant is guilty without a trial?
Why is a Harvey Advisement used in a DUI case?
A client on an immigration visa charged with several crimes in OC, for example, might want to accept a Harvey Waiver to avoid being convicted of a charge that triggers a deportation proceeding. A single criminal conviction also keeps most defendants eligible for DUI probation in California, and a single conviction usually makes the process of expungement easier in the future.
Additionally, if a client agrees to a Harvey Waiver, the same fines and restitution will have to be paid as if there had been a conviction. A Harvey Waiver entitles victims to restitution on any dismissed charge connected with the case. Crime victims in California are entitled to collect full restitution from convicted defendants even when a victim is separately reimbursed by an insurance payment.
What is a Harvey Waiver in a DUI? Accepting a Harvey Waiver is not always the wrong choice for a defendant – especially if the defendant is represented by an Orange County DUI lawyer who is also an experienced negotiator. Accepting a Harvey Waiver can create an opportunity that satisfies the prosecutor, and also any victim or victims while allowing only a conviction for one count to go on the defendant’s criminal record.