A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Middlesex Massachusetts Plea Form with Harvey Waiver is a legal document used in the Middlesex County of Massachusetts that allows defendants to enter a plea and waive their rights under the Harvey rule. The Harvey rule, also known as the "first complaint doctrine," refers to a legal principle that protects defendants from being convicted solely based on uncorroborated testimony of a complainant in certain sexual offense cases. The Plea Form with Harvey Waiver is an essential tool in criminal proceedings as it ensures that defendants fully understand their rights and the consequences of their plea. By signing this waiver, defendants acknowledge that they have been informed of the Harvey rule and voluntarily choose to waive their right to have the complainant's testimony corroborated. Different types of Middlesex Massachusetts Plea Form with Harvey Waiver may include variations based on the specific charges and circumstances of the case. Some common types include: 1. Middlesex Massachusetts Plea Form with Harvey Waiver (Sexual Assault): This plea form specifically pertains to sexual assault cases where the Harvey rule applies. It ensures defendants acknowledge their understanding of the Harvey rule and agree to waive their rights under it. 2. Middlesex Massachusetts Plea Form with Harvey Waiver (Rape): This variant of the plea form focuses on cases involving rape charges. It encompasses the principles of the Harvey rule and allows defendants to waive their rights accordingly. 3. Middlesex Massachusetts Plea Form with Harvey Waiver (Child Abuse): This type of plea form is specific to cases involving child abuse allegations. It incorporates the Harvey rule and permits defendants to waive their rights concerning corroborating evidence. It is crucial for defendants to carefully review the Middlesex Massachusetts Plea Form with Harvey Waiver and consult with their legal counsel before signing it. By doing so, defendants can ensure they fully comprehend the implications of their plea and the waiver, allowing for an informed decision.Middlesex Massachusetts Plea Form with Harvey Waiver is a legal document used in the Middlesex County of Massachusetts that allows defendants to enter a plea and waive their rights under the Harvey rule. The Harvey rule, also known as the "first complaint doctrine," refers to a legal principle that protects defendants from being convicted solely based on uncorroborated testimony of a complainant in certain sexual offense cases. The Plea Form with Harvey Waiver is an essential tool in criminal proceedings as it ensures that defendants fully understand their rights and the consequences of their plea. By signing this waiver, defendants acknowledge that they have been informed of the Harvey rule and voluntarily choose to waive their right to have the complainant's testimony corroborated. Different types of Middlesex Massachusetts Plea Form with Harvey Waiver may include variations based on the specific charges and circumstances of the case. Some common types include: 1. Middlesex Massachusetts Plea Form with Harvey Waiver (Sexual Assault): This plea form specifically pertains to sexual assault cases where the Harvey rule applies. It ensures defendants acknowledge their understanding of the Harvey rule and agree to waive their rights under it. 2. Middlesex Massachusetts Plea Form with Harvey Waiver (Rape): This variant of the plea form focuses on cases involving rape charges. It encompasses the principles of the Harvey rule and allows defendants to waive their rights accordingly. 3. Middlesex Massachusetts Plea Form with Harvey Waiver (Child Abuse): This type of plea form is specific to cases involving child abuse allegations. It incorporates the Harvey rule and permits defendants to waive their rights concerning corroborating evidence. It is crucial for defendants to carefully review the Middlesex Massachusetts Plea Form with Harvey Waiver and consult with their legal counsel before signing it. By doing so, defendants can ensure they fully comprehend the implications of their plea and the waiver, allowing for an informed decision.
