In the state of California, a “Harvey Waiver” gives a court the right to sentence you for a charge that has been dismissed. It’s a way for the state to impose punishment on an offender while allowing the offender to keep the charge from appearing on his or her criminal record. For example, let’s assume that you’ve been charged with two crimes as a result of one incident. This happens frequently in DUI cases where a defendant is charged, for example, with both DUI and hit-and-run or with both DUI and reckless driving. The first thing you’ll need to do is contact, as quickly as possible, an experienced Orange County DUI defense lawyer.
Your attorney will work aggressively to have your charges dismissed or to have you acquitted at trial. In some cases, however, the evidence against you may be overwhelming, and a complete acquittal or dismissal of charges won’t be possible. The state in such cases may suggest a plea bargain with a Harvey Waiver. The plea bargain offer means that one of the charges against you will not appear on your record, but you will serve the sentence that would have been imposed if you had been convicted of that charge. If you accept such a plea deal and agree to the Harvey Waiver, you must pay whatever fines and restitution that a conviction would have required.
When you face several charges, and one of them is driving under the influence, be sure to have the advice and services of an experienced California DUI defense attorney. If you are offered a plea deal that includes a Harvey Waiver, discuss the offer with your attorney. Whether you should accept or decline the offer will depend on your individual circumstances and case. Either way, you’ll need quality legal counsel and guidance. If you’re charged with DUI in Orange County, or if you’re dealing with multiple charges that include DUI, put your case immediately in the hands of an experienced Orange County DUI defense lawyer.