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.
The Arizona Plea Form with Harvey Waiver is a legal document designed to enable individuals in the state of Arizona to enter a guilty or no contest plea voluntarily, while also waiving certain rights in relation to the Harvey decision. The Harvey decision refers to a landmark case, Harvey v. Arizona, which established that a person convicted of a crime has a constitutional right to be informed about the specific consequences or risks associated with their plea. There are various types of Arizona Plea Forms with Harvey Waiver, each catering to different circumstances. Some common examples include: 1. Felony Plea Form with Harvey Waiver: This form is used when an individual wishes to enter a guilty or no contest plea for a felony offense, while also waiving their rights under the Harvey decision. Felonies are serious crimes that are typically punishable by imprisonment for more than one year. 2. Misdemeanor Plea Form with Harvey Waiver: This form is used for individuals charged with misdemeanor offenses, which are less severe crimes with shorter potential jail sentences. By signing this form, the individual acknowledges their understanding of the consequences of their plea, as outlined in the Harvey decision. 3. Drug Offense Plea Form with Harvey Waiver: Drug-related offenses often require a specific plea form that accounts for the unique implications and consequences associated with drug crimes. This type of plea form allows the accused to enter their plea and waive their Harvey rights, specifically relating to drug offenses. 4. Juvenile Plea Form with Harvey Waiver: When dealing with juvenile offenders, a separate plea form is utilized. This form is tailored to the specific rights and considerations applicable to minors in accordance with Arizona state law. When completing an Arizona Plea Form with Harvey Waiver, it is crucial for the accused to understand the implications of their plea and the rights they are waiving. Seeking the advice of a qualified attorney is highly recommended ensuring the understanding of the legal consequences and make an informed decision.The Arizona Plea Form with Harvey Waiver is a legal document designed to enable individuals in the state of Arizona to enter a guilty or no contest plea voluntarily, while also waiving certain rights in relation to the Harvey decision. The Harvey decision refers to a landmark case, Harvey v. Arizona, which established that a person convicted of a crime has a constitutional right to be informed about the specific consequences or risks associated with their plea. There are various types of Arizona Plea Forms with Harvey Waiver, each catering to different circumstances. Some common examples include: 1. Felony Plea Form with Harvey Waiver: This form is used when an individual wishes to enter a guilty or no contest plea for a felony offense, while also waiving their rights under the Harvey decision. Felonies are serious crimes that are typically punishable by imprisonment for more than one year. 2. Misdemeanor Plea Form with Harvey Waiver: This form is used for individuals charged with misdemeanor offenses, which are less severe crimes with shorter potential jail sentences. By signing this form, the individual acknowledges their understanding of the consequences of their plea, as outlined in the Harvey decision. 3. Drug Offense Plea Form with Harvey Waiver: Drug-related offenses often require a specific plea form that accounts for the unique implications and consequences associated with drug crimes. This type of plea form allows the accused to enter their plea and waive their Harvey rights, specifically relating to drug offenses. 4. Juvenile Plea Form with Harvey Waiver: When dealing with juvenile offenders, a separate plea form is utilized. This form is tailored to the specific rights and considerations applicable to minors in accordance with Arizona state law. When completing an Arizona Plea Form with Harvey Waiver, it is crucial for the accused to understand the implications of their plea and the rights they are waiving. Seeking the advice of a qualified attorney is highly recommended ensuring the understanding of the legal consequences and make an informed decision.
