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.
Illinois Plea Form with Harvey Waiver is a legal document utilized in the state of Illinois when a defendant wishes to enter a plea agreement, specifically in cases related to drugs, firearms offenses, or gang- and street-gang related activities. This form allows the defendant to plead guilty or no contest to the charged offenses while also waiving their right to a jury trial and the opportunity to file a motion to withdraw the plea. The Harvey Waiver refers to a specific Illinois case law called People v. Harvey, which established that a defendant who enters into a plea agreement relinquishes certain rights, including the right to appeal and challenge the sentence imposed. By signing the Illinois Plea Form with Harvey Waiver, the defendant acknowledges that they have discussed the contents of the agreement with their attorney, understand the consequences of their plea, and voluntarily choose to proceed with it. The form typically includes details such as the defendant's name, case number, specific charges, and the terms of the plea agreement, which may include agreed-upon sentence recommendations. Different types of Illinois Plea Forms with Harvey Waiver may vary based on the nature of the offenses involved. Some common variants include Drug Offense Plea Form with Harvey Waiver, Firearm Offense Plea Form with Harvey Waiver, and Gang/Street-Gang Activity Plea Form with Harvey Waiver. These specific forms enable defendants to enter pleas related to offenses falling within these categories while also signing the necessary waivers consistent with the Harvey case precedent. It is crucial for defendants to thoroughly understand the implications of signing an Illinois Plea Form with Harvey Waiver and seek competent legal advice to ensure the agreement aligns with their best interests. The use of this form promotes efficiency in criminal proceedings, helping reduce court congestion, and allowing defendants to resolve their cases through negotiated pleas.Illinois Plea Form with Harvey Waiver is a legal document utilized in the state of Illinois when a defendant wishes to enter a plea agreement, specifically in cases related to drugs, firearms offenses, or gang- and street-gang related activities. This form allows the defendant to plead guilty or no contest to the charged offenses while also waiving their right to a jury trial and the opportunity to file a motion to withdraw the plea. The Harvey Waiver refers to a specific Illinois case law called People v. Harvey, which established that a defendant who enters into a plea agreement relinquishes certain rights, including the right to appeal and challenge the sentence imposed. By signing the Illinois Plea Form with Harvey Waiver, the defendant acknowledges that they have discussed the contents of the agreement with their attorney, understand the consequences of their plea, and voluntarily choose to proceed with it. The form typically includes details such as the defendant's name, case number, specific charges, and the terms of the plea agreement, which may include agreed-upon sentence recommendations. Different types of Illinois Plea Forms with Harvey Waiver may vary based on the nature of the offenses involved. Some common variants include Drug Offense Plea Form with Harvey Waiver, Firearm Offense Plea Form with Harvey Waiver, and Gang/Street-Gang Activity Plea Form with Harvey Waiver. These specific forms enable defendants to enter pleas related to offenses falling within these categories while also signing the necessary waivers consistent with the Harvey case precedent. It is crucial for defendants to thoroughly understand the implications of signing an Illinois Plea Form with Harvey Waiver and seek competent legal advice to ensure the agreement aligns with their best interests. The use of this form promotes efficiency in criminal proceedings, helping reduce court congestion, and allowing defendants to resolve their cases through negotiated pleas.
