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.
Louisiana Plea Form with Harvey Waiver is a legal document used in the state of Louisiana in criminal court proceedings. This form is specifically utilized in cases where the defendant wishes to enter a plea agreement known as a Harvey Waiver. A Harvey Waiver is a type of plea agreement named after the landmark case of State v. Harvey. In this case, the Louisiana Supreme Court ruled that defendants who enter guilty pleas without a jury trial can waive their right to claim ineffective assistance of counsel (IAC) as a basis for appeal. This waiver, therefore, limits the defendant's ability to challenge the effectiveness of their legal representation in future appeals. The Louisiana Plea Form with Harvey Waiver is designed to ensure that the defendant fully understands the implications of the Harvey Waiver and voluntarily agrees to its terms. It includes various sections that cover crucial information, such as the defendant's personal details, the charges against them, the terms of the plea agreement, and the acknowledgment of the Harvey Waiver. The form typically begins with a title indicating its purpose, followed by the defendant's name, case number, and the court where the plea is being entered. It then outlines the charges and briefly describes the rights the defendant is waiving by entering into the plea agreement, specifically emphasizing the Harvey Waiver. The form also provides space for the defendant's attorney to attest that they have explained the terms of the plea agreement, including the Harvey Waiver, to their client. Additionally, it may include a statement from the defendant declaring their understanding and voluntary acceptance of the plea agreement's terms, including the Harvey Waiver. Different types of Louisiana Plea Forms with Harvey Waiver may exist to accommodate variations in criminal cases or specific court requirements. Some possible variations could include plea forms for misdemeanors, felonies, or specific types of offenses like drug-related crimes, white-collar crimes, or violent crimes. It is crucial for defendants to carefully review and understand the Louisiana Plea Form with Harvey Waiver before signing it. Seeking legal advice from their attorney is highly recommended ensuring they are aware of the consequences and scope of the Harvey Waiver, as well as any other terms of the plea agreement. In conclusion, the Louisiana Plea Form with Harvey Waiver is a vital legal document used in criminal court proceedings in Louisiana. It facilitates the voluntary acceptance of a plea agreement while ensuring defendants are aware of the Harvey Waiver's implications. Understanding the terms and seeking legal guidance are crucial steps for defendants considering this type of plea agreement.
