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  1. #1
    Join Date
    Jul 2006
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    5

    Default Harvey Waiver in California Superior Court

    charges dismissed with a harvey waiver...... What does this mean?

  2. #2
    Join Date
    Jun 2006
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    Practicing in Los Angeles, California
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    411

    Default Re: Harvey Waiver in California Superior Court

    Quote Quoting lvs2gin
    charges dismissed with a harvey waiver...... What does this mean?

    My response:

    Restitution may be imposed on dismissed counts if the plea is freely made, the court approves all conditions, and the offender files a Harvey Waiver. (People v. Beck (1993) 17 Cal.App.4th 209, 215. See also, Penal Code section 1192.3.) Under a Harvey Waiver, the offender is required to pay restitution on all counts connected with the plea. Restitution orders are to be imposed based on the victim's losses and benefits paid by the Victim Compensation Program.

    Apparently, you failed to pay your restitution, so you're going to do time behind bars, and still be ordered to pay your restitution.

    IAAL

  3. #3
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    Jul 2006
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    5

    Default Re: Harvey Waiver in California Superior Court

    Is there any other way to resolve this without going to jail?

  4. #4
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    Jul 2006
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    5

    Default jail time

    how much jail time will I have to serve if I turn myself in due to a no bail bench warrant for violation of probation in California?

  5. #5
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    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Harvey Waiver in California Superior Court

    Quote Quoting lvs2gin
    Is there any other way to resolve this without going to jail?

    My response:

    Highly unlikely. You've already proven to the "system" that you can't be trusted - - which is the reason why you have a "no bail" warrant for your arrest. When you're eventually caught, you'll be spending time in "Men's Central" with all the dregs of society.

    You should have thought about this before you spat on the "system" and in the judge's face.

    IAAL

  6. #6
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: jail time

    Quote Quoting lvs2gin
    how much jail time will I have to serve if I turn myself in due to a no bail bench warrant for violation of probation in California?
    My response:

    Please, don't start new threads for every question you have. Stay on one of your many, other, threads.

    IAAL

  7. #7
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Harvey Waiver in California Superior Court

    Sorry, I'm new to this forum. O.k. well do you have any idea how much time I will serve in the womens facility?

  8. #8
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Harvey Waiver in California Superior Court

    Quote Quoting lvs2gin
    Sorry, I'm new to this forum. O.k. well do you have any idea how much time I will serve in the womens facility?
    My response:

    Depends on the crime, and the amount of restitution that you failed to pay. Did you plea to a felony or multiple felonies? What were the Penal Code numbers you plead to? Got answers to those?

    Wouldn't you rather spend your time in "Men's Central Jail"?

    IAAL

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: jail time

    (Two threads merged by admin.)

  10. #10
    Join Date
    Aug 2006
    Posts
    1

    Default Re: Harvey Waiver in California Superior Court

    In regards to a Harvey Waiver - does this apply to counts only charged (and subsequently) dismissed PNP with a waiver or to other incidents which were not charged in the information as well?

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