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 Minnesota Plea Form with Harvey Waiver is a legal document used in the Minnesota court system during criminal trials. It provides defendants with the option to enter a guilty plea while also waiving their rights to a jury trial and allowing the judge to determine the appropriate sentence. This particular plea form takes its name from the Minnesota Supreme Court case, State v. Harvey. By utilizing the Minnesota Plea Form with Harvey Waiver, defendants acknowledge and accept the consequences associated with pleading guilty. This includes giving up the right to have their case presented to a jury, where a group of their peers would decide their guilt or innocence. Instead, the judge will evaluate the evidence and determine the appropriate sentence based on the facts presented. The purpose of this waiver is to expedite the legal proceedings, as well as reduce the burden on the court system by avoiding lengthy jury trials. It also allows defendants to have a more active role in the outcome of their case, as they can negotiate with the prosecution and potentially reach a plea agreement. While the Minnesota Plea Form with Harvey Waiver generally refers to a single document, there may be variations or adaptations based on different jurisdictions or specific court rules. However, the fundamental purpose of the plea form and waiver remains the same across these different types. In summary, the Minnesota Plea Form with Harvey Waiver is an essential legal document that provides defendants with the option to enter a guilty plea, waive their right to a jury trial, and allow the judge to determine their sentence. By utilizing this form, defendants can actively participate in the resolution of their case, potentially negotiate with the prosecution, and contribute to expediting the legal process.
