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.
Idaho Plea Form with Harvey Waiver is a legal document used in the state of Idaho that allows defendants to plead guilty or no contest to a criminal charge while also waiving their rights under the landmark Supreme Court case Harvey v. State. This waiver is specifically related to the protection against self-incrimination provided by the Fifth Amendment of the United States Constitution. The Idaho Plea Form with Harvey Waiver is a comprehensive document that outlines the defendant's acknowledgement and understanding of their rights being waived under Harvey v. State. By signing this form, defendants declare their voluntary abandonment of their Fifth Amendment rights, which guarantees protection from self-incrimination during trials or other legal proceedings. This plea form ensures that defendants fully comprehend the implications of their decision to waive their Fifth Amendment rights, making it an essential part of the legal process. It requires defendants to carefully read the contents, consult with their attorney, and sign the document in the presence of a judge or another authorized legal officer. Different types or variations of the Idaho Plea Form with Harvey Waiver may exist, depending on the specific court or jurisdiction where it is used. These variations could include minor adjustments to formatting, layout, or specific terms used within the document. However, the fundamental purpose and content of the form remain consistent across different versions. It is crucial to note that the Idaho Plea Form with Harvey Waiver is a legally binding document, and defendants should seek legal counsel before completing and signing it. This ensures that defendants fully understand the implications and consequences of waiving their Fifth Amendment rights under the Harvey v. State decision. Keywords: Idaho, Plea Form, Harvey Waiver, legal document, guilty plea, no contest plea, Fifth Amendment, self-incrimination, Supreme Court, Idaho court, defendants, rights, legal proceedings, attorney, legal officer, variations, formatting, layout, jurisdiction, consequences.
