THE “HARVEY WAIVER” IN CALIFORNIA LAW

Posted on: July 8, 2015 by in DUI
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Orange County DUI attorneyCalifornia Vehicle Codes 23152(a) and 23152(b)

Sometimes in California, a criminal defendant can be sentenced for a crime without actually being convicted of the crime. That’s right. If you are charged with two offenses at the same time – say DUI and reckless driving, or DUI and hit-and-run – you might be offered a plea bargain that includes a “Harvey Waiver.” Of course, you should consult with an experienced Orange County DUI attorney before agreeing to any DUI-related plea bargain, but basically a Harvey Waiver works like this. The state offers to keep one of the charges off your criminal record if you agree to serve the sentence you would have served if you had been convicted of that charge.

A Harvey Waiver allows the state to punish you for a crime without the expense and trouble of a trial. What you get in return for accepting a Harvey Waiver is a criminal record that does not show the charge or conviction. Especially in DUI cases when a second charge is involved, the Harvey Waiver is a tool that prosecutors use frequently in California.

If you are charged with DUI in Orange County under California Vehicle Codes 23152(a) and 23152(b) – whether or not you’re also facing a second charge – contact an Orange County DUI attorney immediately. Good DUI lawyers successfully represent clients in every county in California by aggressively challenging prosecutors and working for reduced charges, dismissals, and acquittals.

In some cases, however, when there are two crimes and the evidence against a defendant is conclusive, the prosecutor may offer a Harvey Waiver. Don’t accept it – or any other offer – without careful consideration and the advice of your DUI attorney. Your decision will have to be based on your own personal situation and needs. If you are charged with DUI, now or in the future, be absolutely certain that you have high-quality legal advice, and call an experienced Orange County DUI attorney promptly.

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