Ahhh....Harvey.\n\nDefendant has multiple charges against him/her.  Rather than go through a lengthy trial, and point out what a rotten person defendant really is, the lawyers might agree to have the defendant plead guilty to counts one and three, and Harvey waive count two.\n\nIt's basically like a "King's X" where the defendant isn't being prosecuted for the charge any more, but the judge is still allowed to consider the charge for sentencing purposes.  So maybe you've got trespassing and vandalism, and everybody agrees to Harvey waive the vandalism charge for whatever reason.  When the judge sentences the defendant on the trespassing charge, he or she can consider the vandalism charge and maybe order restitution in an amount to fix the damages, even though the defendant wasn't convicted of the vandalism.  \n\nThat's my really limited understanding of it.  I'm not no attorney, only a guy who has been in and out of courtrooms for a long time.  I only answered because I noticed you weren't getting any takers, and I'm pretty sure I've got at least this much right.\n\nWhat do you mean "would it be because of somebody talking?"