How Harvey Waivers Affect Criminal Restitution Requirements Now
What is a Harvey waiver? It lets a defendant agree to pay restitution for dismissed or uncharged conduct, explains Oakland attorney Andrew Dósa. He describes resolving a client's case to a single petty-theft plea while she waived objection and paid about $9,000 for related thefts—avoiding additional charges and further prison exposure. It separates restitution from the criminal penalty itself.
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Answered by Andrew Dósa · Oakland, CA
Highlights
Frequently Asked Questions
What is a Harvey waiver?
It lets a defendant agree to pay restitution for dismissed or uncharged conduct, separating restitution from the criminal penalty itself.
How does it work in practice?
One client resolved her case to a single petty-theft plea while waiving objection and paying about $9,000 for related thefts, avoiding additional charges and further prison exposure.
Why use a Harvey waiver?
Because it lets a defendant make restitution for related conduct without being separately charged for it, keeping the penalty and the repayment distinct.
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