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.
Kentucky Plea Form with Harvey Waiver is a legal document used in the state of Kentucky that allows a defendant to enter a plea while waiving certain rights and protections under the Harvey Waiver. This form is commonly used in criminal cases and helps streamline the plea process while ensuring the defendant has a clear understanding of their rights and consequences of the plea. The Kentucky Plea Form with Harvey Waiver typically includes the following information: 1. Defendant's Information: This section requires the defendant's full name, address, date of birth, and contact information. It may also include their attorney's information, if applicable. 2. Case Information: This section includes details about the case, such as the case number, court name, and presiding judge's name. 3. Charges: The form lists all the charges against the defendant, providing a clear understanding of the alleged offenses. 4. Plea Options: The defendant must indicate their chosen plea from the available options, including guilty, not guilty, or no contest. If pleading guilty, the defendant acknowledges their responsibility for the charges. 5. Harvey Waiver: The Harvey Waiver is a crucial component of the form, granting the defendant the opportunity to waive certain rights and protections. This waiver acknowledges that the defendant understands their rights to a trial, the burden of proof, the right to confront witnesses, and the right to remain silent. 6. Consequences: The form may outline the potential consequences of entering a guilty or no contest plea, such as fines, probation, or incarceration. It ensures that the defendant comprehends the possible outcomes of their plea. Types of Kentucky Plea Forms with Harvey Waiver: 1. Misdemeanor Plea Form with Harvey Waiver: This type of plea form is used for misdemeanor offenses, which are less severe crimes compared to felonies. 2. Felony Plea Form with Harvey Waiver: This plea form is used for more serious criminal offenses, known as felonies. Felonies carry higher penalties, including significant fines and longer periods of incarceration. 3. Juvenile Plea Form with Harvey Waiver: This variation of the plea form is used for cases involving juveniles who have been charged with a criminal offense. It takes into account the unique circumstances and considerations surrounding juvenile cases. By using the Kentucky Plea Form with Harvey Waiver, both the defendant and the court can ensure that the plea process is conducted in a fair and legal manner, while safeguarding the defendant's rights and providing transparency regarding the consequences of their plea.
