California, United States of America
The following excerpt is from People v. Shah, G044425, Super. Ct. No. 08WF2378 (Cal. App. 2011):
2. The Harvey case recognized that when charges are dismissed against a defendant, there should not be any punishment for them. (People v. Harvey (1979) 25 Cal.3d 754, 758.) "Implicit in such a plea bargain, we think, is the understanding (in the absence of any contrary agreement) that defendant will suffer no adverse sentencing consequences by reason of the facts underlying, and solely pertaining to, the dismissed count." (Ibid.) A "Harvey waiver" is an agreement by the defendant to waive the protection of Harvey and make restitution or otherwise submit to some sentencing consequence for the dismissed charges.
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