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 Missouri Plea Form with Harvey Waiver is a legal document used in court proceedings within the state of Missouri. This particular form is designed to allow a defendant to enter a guilty plea, along with waiving their right to a trial by jury and choosing to be sentenced solely by the judge. The Harvey Waiver portion of the form is named after a 1989 Missouri Supreme Court case, State v. Harvey, which established the requirements for a valid waiver of the right to a jury trial. This waiver ensures that the defendant fully understands and voluntarily gives up their right to a jury trial and elects to be sentenced by the judge instead. The Missouri Plea Form with Harvey Waiver is typically used in criminal cases, where the defendant has reached a plea agreement with the prosecutor or wishes to plead guilty without any negotiation. By signing this form, the defendant acknowledges their guilt and accepts the consequences determined by the judge. There may be various types or variations of the Missouri Plea Form with Harvey Waiver, depending on the specific court and jurisdiction. Different versions might differ in formatting, language, or additional sections included based on local court rules or preferences. However, the core purpose and content of the form remain the same — to facilitate a voluntary guilty plea and waiver of a jury trial by the defendant. Some relevant keywords for this topic might include: — Missouri Plea For— - Harvey Waiver - Criminal court proceedings Guiltlessle— - Waiving right to a jury trial — Sentencinjudgeddg— - State v. Harvey - Plea agreement — VoluntarPLEle— - Criminal defendant
