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.
Iowa Plea Form with Harvey Waiver is a legal document used in the state of Iowa for criminal court cases. This form provides offenders with an opportunity to enter a guilty plea while waiving their rights under the landmark case of State v. Harvey. The Harvey waiver allows defendants to give up their constitutional rights to a speedy trial and the ability to confront witnesses in exchange for certain benefits or considerations. The Iowa Plea Form with Harvey Waiver is typically used in cases where the defendant and their attorney have negotiated a plea agreement with the prosecutor. By filling out this form, both parties are stating their understanding and agreement to the terms outlined in the plea agreement. There may be various types of Iowa Plea Form with Harvey Waiver, depending on the specific case and agreed-upon terms. Some common variations include: 1. Standard Iowa Plea Form with Harvey Waiver: This type of form outlines the general terms of the plea agreement, such as the charges being pleaded guilty to, any recommended sentence by the prosecution, and the specific rights being waived under the Harvey decision. 2. Modified Iowa Plea Form with Harvey Waiver: In certain cases, the terms of the plea agreement may vary. This modified form would include any additional or amended terms agreed upon by both parties, such as reduced charges or alternative sentencing options. 3. Conditional Iowa Plea Form with Harvey Waiver: In some instances, a plea agreement may be contingent upon certain conditions being met. This form would outline the conditions that need to be fulfilled before the plea becomes effective. It's important to note that the Iowa Plea Form with Harvey Waiver is a critical legal document and should be completed accurately and in accordance with the law. Defendants are advised to seek legal counsel to ensure they fully understand the implications of entering a plea with a Harvey waiver and to properly complete the form to protect their rights and interests.
