Andrew Dósa - Abogado penalista - Condado de Alameda, CA
“All right, a Renuncia Harvey is a situation where a defendant has been charged with more than one count, or the possibility that there is an alternate case, another case that may get file against the client.”
Ray Hrdlicka - Presentador - Abogados.Media
"Oh, ¿algo en el futuro?"
Andrew Dósa - Abogado penalista - Condado de Alameda, CA
“Something in the future, or actually that could be filed but the District Attorney hasn’t filed it because he’s wanting to resolve it all at once, in this particular case. Let’s use the example of a client of mine, in Stockton, who had four prior petty thefts, where she did prison terms for three of those. The client got a new arrest. I represented her. The Fiscal de distrito presented evidence to the Judge, while we were negotiating the resolution of this case, that my client had a ring of people, a daughter and a granddaughter, that she was using as part of the thefts of various stores. Walmart’s, Target stores, and so on. They believed that she was active throughout the county in about six or seven different cities. And they believed that the thefts from all of those stores, in separate locations, came to about $9,000.
We resolved the case for a single petty theft charge, but the client agreed to this Renuncia Harvey…that she would waive her right to reject the losses from the other cases, the prospect of cases that could have been charged against her. And she agreed to pay the $9,000 as part of her probation.”
Ray Hrdlicka - Presentador - Abogados.Media
“So she didn’t get charged on those other crimes, she just had to pay restitución on them.”
Andrew Dósa - Abogado penalista - Condado de Alameda, CA
“Correct. Obviously, it was going to be a significant financial burden for her, but we felt it was much better for her to agree to pay that, than that she would refuse and we would force the Fiscal de distrito to file additional charges against her, which would make her more vulnerable to yet another prison term. So, that’s an example of a Harvey Waiver.
Una variación sobre el tema es cuando el cliente tiene múltiples cargos, y varios cargos están siendo desestimados a la luz de la declaración de culpabilidad, si hubo daños causados por cualquiera de los actos de esos otros cargos que fueron desestimados, entonces se le pedirá al cliente hacer una Renuncia Harvey y pagar la restitución a las víctimas de esos delitos, a pesar de que él o ella no se está declarando culpable de esos delitos en particular."
Ray Hrdlicka - Presentador - Abogados.Media
"Por lo tanto, es separar la restitución de la pena real, la sanción penal aplicada en ese caso".
Andrew Dósa - Abogado penalista - Condado de Alameda, CA
“Correct. And the idea was that restitución can be added from other charges that she was not pleading to, that she wasn’t getting a conviction for.”
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