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.
Massachusetts Plea Form with Harvey Waiver is a legal document used in the state of Massachusetts during criminal court proceedings. This form is relevant to individuals who wish to enter a guilty plea while also acknowledging and waiving their rights under what is commonly referred to as the "Harvey Waiver." A Harvey Waiver refers to the rights outlined in Commonwealth v. Harvey, a Massachusetts Supreme Judicial Court case that established certain protections for individuals who plead guilty. This waiver allows individuals to knowingly and voluntarily waive these rights in exchange for specific benefits or agreements. The Massachusetts Plea Form with Harvey Waiver is designed to ensure that defendants fully understand the implications and potential consequences of entering a guilty plea while relinquishing their Harvey rights. The form typically contains fields and sections that require the defendant's personal information, details about the criminal charges, and the specific rights being waived. Although variations may exist, there are generally no different types of Massachusetts Plea Form with Harvey Waiver. Instead, the form may be adapted based on the specific court jurisdiction or the nuances of the case. Some relevant keywords for this topic could include: — Massachusetts criminafourur— - Plea agreement — Guilty plea - Harvey Waive— - Commonwealth v. Harvey — Rights waive— - Criminal charges - Defendant information — Voluntarily waiving right— - Legal document It is important to note that while this information provides a general understanding of the topic, it is always recommended consulting the specific court procedures and seek professional legal advice for accurate and up-to-date information.
