Understanding Harvey Waiver Implications

Summary

A Harvey waiver allows the court to consider facts from dismissed charges during sentencing in the current case, but it doesnt affect future unrelated cases. The DA can charge you for violations that occurred before your grandmothers death. If you have concerns about your attorneys performance, consider discussing them directly or seeking a second opinion. Since youre on informal probation, focus on compliance and avoid legal issues.

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Back in February of * i was charged with elderly abuse, dissuading a witness by threat or force (both felonies) and gbi charged as a misdemeanor. This was due to my grandmother making false allegations against me, so the officer that responded and went to my grandmas house was going to arrest me if he was able to locate me to which he wasnt. But several days later he did locate me but he didn't arrest me, i didn't know he was the officer who was dispatched to my gmas house when i asked if he could help me by running my name to find out if i had a warrant for my arrest.
Hi ****! I'm sorry to hear that you're dealing with this situation. Have you had any court appearances or received any official documents regarding these charges since February?
Yes but my gma died in july so the da dropped those charges with a harvey waiver because i pled no contest to violating the stayaway order the judge issued by letting my gpa use my cellphone to call my gma. I was not charged with violating anything until after my gma passed away
I'm sorry for your loss and the legal challenges you're facing. Since your charges were dropped with a Harvey waiver, do you need information on the implications of the waiver, or assistance with another aspect of your case?
Yeah, what does that mean? And how can the da charge me with violating the stay away order after my gma passes away?
Case Rating: *
A Harvey waiver means that, although the charges are dismissed, the court can still consider the facts of those dismissed charges when sentencing you for another crime. As for the DA charging you with violating the stay-away order, it is possible because the violation occurred before your grandmother's passing.
Would you like more information on Harvey waivers or assistance with another aspect of your case?
Does a harvey waiver stick with you for the rest of your life or just the one case
Case Rating: *
A Harvey waiver generally applies to the specific case in which it was issued. This means the facts of the dismissed charges can be considered in sentencing for that particular case. It does not typically follow you for life or affect unrelated future cases.
Would you like to know more about how this might impact your current legal situation?
Yes
Case Rating: *
It seems like you're dealing with a complex legal situation. Here are some relevant points:
- A Harvey waiver allows the court to consider the facts of dismissed charges for sentencing in the current case.
- The DA can charge you for violations that occurred before your grandmother's death.
Would you like more detailed information on how this could impact your current case or need help with another legal aspect?
This happened in April my gma died in july i also have a witness who was there and can testify to the fact my gpa was in the hospital and was having a hard time using the hospital phone so he wanted my gma to call him at the hospital if she didn't hear from him
Case Rating: *
It sounds like you have a challenging legal situation. To better assist you:
- The Harvey waiver will apply to sentencing in your current case, not future unrelated cases.
- The DA can charge you if the violation occurred before your grandmother's death.
Would you like more detailed information on how this impacts your current case?
There's no physical proof i did anything because i didn't all the da has is a police report where the officer states theres no marks or injurys to support my gmas version of events
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It sounds like you have a complex situation. Having a witness and lack of physical evidence can be significant in your defense. Have you discussed these points with your attorney?
My atterny read the police report but he didn't bring it up or say anything about the fact the officer noted he didn't observe any marks or injuries that supported my gmas version of events
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It seems like you have valid concerns about your attorney's handling of your case. Here are some steps you can consider:
- Discuss your concerns directly with your attorney.
- Consider seeking a second opinion from another attorney.
Would you like more information on how to address concerns with your attorney or explore other legal options?
Yes
Case Rating: *
It seems like you have significant concerns regarding your attorney's handling of your case and the evidence involved. Here are some steps you can take:
- Clearly communicate your concerns to your current attorney.
- Seek a second opinion from another attorney to ensure your defense is thorough.
Would you like more information on how to find a second opinion or address your concerns with your attorney?
Would the minutes from my preliminary hearing be sufficient evidence that my attorney did not adequately defend me?
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Hi ****! The minutes from your preliminary hearing might provide some insight into your attorney's performance, but proving inadequate defense requires more comprehensive evidence, such as:
- Failure to investigate significant evidence
- Ignoring crucial witnesses
- Missteps in legal strategy
Would you like more information on seeking a second opinion or how to document your concerns?
Yes
Case Rating: *
It seems like you have a high-value case that could benefit from professional legal assistance. Would you like to be connected to local lawyers who can better assist you with your case?
No im no longer going to court im on informal probation and it will be a yr in September and ill be done
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Since you are on informal probation and nearing the end of it, your primary concern might be ensuring you complete it without further issues. Here are a few points to consider:
- Compliance: Ensure you fully comply with all probation conditions.
- Probation Officer: Maintain regular communication with your probation officer.
- Documentation: Keep records of all your compliance activities.
Would you like information on probation conditions or anything else?
I dont have a probation officer i have to talk to, i wasnt given or sent any paperwork on my informal probation. my lawyer said i didn't have to check in i just have to not get in any trouble
Case Rating: *
If your lawyer said you don't need to check in and just avoid trouble, it sounds like you should focus on staying compliant with all conditions. Make sure to:
- Avoid any legal issues.
- Keep records of your activities and stay informed about your probation terms.
Would you like more detailed information on informal probation conditions?