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.
Florida Plea Form with Harvey Waiver is a legal document used in the state of Florida that allows defendants to enter into a plea agreement while acknowledging and waiving certain rights related to their case. This form is specifically designed to address potential issues and complications that may arise as a result of the Harvey v. State of Florida court decision. The Harvey waiver refers to a waiver of the right to a prosecutor's burden to prove guilt beyond a reasonable doubt in certain charges, as outlined in the Harvey v. State of Florida case. This waiver allows defendants to enter into a plea agreement voluntarily, knowingly, and intelligently, understanding the consequences and implications of their plea. The Florida Plea Form with Harvey Waiver typically begins with identifying information related to the defendant, such as their name, case number, and court details. It will also outline the charges against the defendant and the potential sentences they may face if found guilty. The form also contains a section where the defendant can consult with their attorney, ensuring they understand the various rights being waived and the implications of their decision. This may include waiving the right to a trial by jury, the right to confront and cross-examine witnesses, and the right against self-incrimination. Depending on the nature of the case, there may be different types of Florida Plea Forms with Harvey Waiver. These forms may differ based on the specific charges and the particular aspects of the Harvey decision that need to be addressed. Some common variations of the Florida Plea Form with Harvey Waiver include: 1. Misdemeanor Harvey Plea Form: This form is used for misdemeanor charges that fall under the scope of the Harvey decision. It may include specific instructions and waivers related to the misdemeanor offense in question. 2. Felony Harvey Plea Form: Used for felony charges, this form outlines the rights being waived in accordance with the Harvey decision and allows defendants to choose whether they wish to proceed with a guilty plea or negotiate a plea agreement. 3. Drug Offense Harvey Plea Form: For drug-related offenses, this form specifically addresses any Harvey-related considerations related to controlled substances, possession, or distribution charges. It's essential to note that the exact content and variations of the Florida Plea Form with Harvey Waiver may vary depending on the jurisdiction and the specific circumstances of each case. As legal procedures continually evolve, the form may be updated to reflect new court decisions or legislative changes. Therefore, it's crucial to consult with a qualified attorney who can accurately guide defendants through the process and ensure their rights are protected.
