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 Maryland Plea Form with Harvey Waiver is a legal document used in the state of Maryland during criminal proceedings. It is an essential form that both the defendant and their attorney must complete and submit to the court to ensure that the defendant's plea is valid and constitutional. A Harvey Waiver refers specifically to a type of plea agreement that is commonly used in Maryland courts. This waiver allows the defendant to plead guilty to a lesser offense or accept a favorable sentence recommendation while giving up their right to a jury trial. By signing the Harvey Waiver, the defendant acknowledges that they understand the implications of their decision and are willingly relinquishing certain legal rights. The Maryland Plea Form with Harvey Waiver contains various sections and information essential for the court proceedings. It typically includes: 1. Defendant Information: This section requires the defendant's full name, address, contact details, and other identifying information. 2. Counsel Information: Here, the defendant's attorney provides their name, contact information, and details of their representation. 3. Charges: A list of the charges against the defendant is outlined, along with their corresponding statutes and case numbers. 4. Plea Selection: This section requires the defendant to indicate their desired plea, such as guilty, not guilty, or solo contender (no contest). 5. Harvey Waiver: This part of the form explains the Harvey Waiver and its implications. The defendant must carefully read and understand the contents before signing to indicate their agreement. 6. Factual Basis: The defendant is asked to provide a detailed factual basis for their guilty plea. This helps the court ensure that the defendant understands the charges and the consequences of their plea. 7. Rights Acknowledgment: The defendant acknowledges that they understand their rights, including the right to a jury trial, the right to confront witnesses, and the presumption of innocence. 8. Sentencing Recommendation: If applicable, the defendant's attorney can recommend a specific sentence or request leniency in this section. The court will consider this recommendation during the sentencing phase. It is crucial for both the defendant and their attorney to carefully review and complete the Maryland Plea Form with Harvey Waiver to ensure accuracy and compliance with the law. Failure to properly complete the form may lead to delays in proceedings or potential legal complications. Different types of Maryland Plea Forms with Harvey Waivers may exist based on the specific criminal charges, jurisdiction, or other factors relevant to the case. However, the basic structure and content of the form remain consistent, focusing on ensuring the defendant's understanding and acknowledgment of their plea and associated waivers.
