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.
Maine Plea Form with Harvey Waiver is a legal document used in the state of Maine which allows defendants to enter a plea while acknowledging and waiving their rights under Maine's Harvey rule. The Harvey rule, established in the case of State v. Harvey, is a legal principle in Maine that requires the prosecution to articulate the evidence against the defendant before they enter a guilty plea. This form is commonly used in criminal court proceedings and is designed to protect the defendant's rights and ensure informed decision-making. By signing the Maine Plea Form with Harvey Waiver, defendants acknowledge that they are aware of the evidence against them and voluntarily choose to waive their right to have it presented in open court. This waiver enables the defendant to accept a plea deal or plead guilty without further judicial inquiry into the details of the case. The Maine Plea Form with Harvey Waiver includes important elements such as: 1. Defendant's Information: This section requires the defendant to provide their personal details, including their full name, address, contact information, and date of birth. This ensures accurate identification and record-keeping. 2. Case Details: Here, the form prompts for details regarding the case, such as the court where the charges are being heard, and the docket or case number assigned to the defendant. 3. Acknowledgment of the Harvey Rule: This section explains the defendant's right under the Harvey rule to have the prosecution articulate the evidence before entering into a plea. It outlines the purpose and implications of waiving this right. 4. Defendant's Statement: The plea form provides space for the defendant to acknowledge their understanding of the Harvey rule and their decision to waive it voluntarily. This statement is typically accompanied by the defendant's signature and the date. Maine Plea Form with Harvey Waiver may have different variations based on specific court jurisdictions or updated legal requirements. Some variations may include additional sections or language modifications to comply with local rules. Examples of potential variations may include: 1. Cumberland County Plea Form with Harvey Waiver 2. Penobscot County Plea Form with Harvey Waiver 3. York County Plea Form with Harvey Waiver These variations may contain slight differences in formatting or content, but they all serve the same purpose of documenting the defendant's waiver of their Harvey rights in accordance with the laws of the respective jurisdiction.
