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 Kansas Plea Form with Harvey Waiver is a legal document used in the state of Kansas to formalize a defendant's plea in certain criminal cases, specifically those related to drug offenses. This form is applicable in cases where the defendant wishes to enter a plea of guilty, but also wants to waive their rights to a preliminary hearing and to have the case presented to a grand jury. The purpose of the Harvey Waiver is to streamline the prosecutorial process by allowing the defendant to forgo certain procedures that are typically required in criminal cases. By signing the Kansas Plea Form with Harvey Waiver, the defendant acknowledges and agrees that they understand the consequences of waiving their rights to a preliminary hearing and grand jury presentation. In essence, the Kansas Plea Form with Harvey Waiver provides the court with the defendant's formal admission of guilt and ensures that the defendant has made an informed decision to proceed with a guilty plea, fully aware of the rights they are relinquishing. It is important to note that there are different types of Kansas Plea Forms with Harvey Waivers, which may vary depending on the specific drug offense and circumstances of the case. Some common variations include: 1. Kansas Plea Form with Harvey Waiver for Drug Possession: Used when the defendant is charged with the possession of illegal drugs, such as marijuana, cocaine, methamphetamine, or heroin. 2. Kansas Plea Form with Harvey Waiver for Drug Trafficking: Used when the defendant is charged with the intent to distribute or sell illegal drugs. 3. Kansas Plea Form with Harvey Waiver for Drug Manufacturing: Used when the defendant is charged with the production or cultivation of illegal drugs, such as methamphetamine or marijuana. 4. Kansas Plea Form with Harvey Waiver for Drug Paraphernalia: Used when the defendant is charged with the possession, sale, or distribution of drug-related paraphernalia, such as pipes, syringes, scales, or other equipment associated with drug use or production. In conclusion, the Kansas Plea Form with Harvey Waiver is a crucial legal document that enables defendants in drug offense cases to formalize their guilty pleas while waiving rights to a preliminary hearing and grand jury presentation. It is essential for defendants to consult with a legal professional to understand the implications of signing such a form and to ensure their rights are protected throughout the legal process.The Kansas Plea Form with Harvey Waiver is a legal document used in the state of Kansas to formalize a defendant's plea in certain criminal cases, specifically those related to drug offenses. This form is applicable in cases where the defendant wishes to enter a plea of guilty, but also wants to waive their rights to a preliminary hearing and to have the case presented to a grand jury. The purpose of the Harvey Waiver is to streamline the prosecutorial process by allowing the defendant to forgo certain procedures that are typically required in criminal cases. By signing the Kansas Plea Form with Harvey Waiver, the defendant acknowledges and agrees that they understand the consequences of waiving their rights to a preliminary hearing and grand jury presentation. In essence, the Kansas Plea Form with Harvey Waiver provides the court with the defendant's formal admission of guilt and ensures that the defendant has made an informed decision to proceed with a guilty plea, fully aware of the rights they are relinquishing. It is important to note that there are different types of Kansas Plea Forms with Harvey Waivers, which may vary depending on the specific drug offense and circumstances of the case. Some common variations include: 1. Kansas Plea Form with Harvey Waiver for Drug Possession: Used when the defendant is charged with the possession of illegal drugs, such as marijuana, cocaine, methamphetamine, or heroin. 2. Kansas Plea Form with Harvey Waiver for Drug Trafficking: Used when the defendant is charged with the intent to distribute or sell illegal drugs. 3. Kansas Plea Form with Harvey Waiver for Drug Manufacturing: Used when the defendant is charged with the production or cultivation of illegal drugs, such as methamphetamine or marijuana. 4. Kansas Plea Form with Harvey Waiver for Drug Paraphernalia: Used when the defendant is charged with the possession, sale, or distribution of drug-related paraphernalia, such as pipes, syringes, scales, or other equipment associated with drug use or production. In conclusion, the Kansas Plea Form with Harvey Waiver is a crucial legal document that enables defendants in drug offense cases to formalize their guilty pleas while waiving rights to a preliminary hearing and grand jury presentation. It is essential for defendants to consult with a legal professional to understand the implications of signing such a form and to ensure their rights are protected throughout the legal process.
