Missouri Plea Form with Harvey Waiver

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State:
Multi-State
Control #:
US-02058BG
Format:
Word; 
Rich Text
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Description

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.

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  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver

How to fill out Plea Form With Harvey Waiver?

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FAQ

A person who pleads to the charge may accept either the plea bargain offered by the State, or he may enter an open plea. (An open plea means that the defendant has rejected the plea bargain and asks the judge to set punishment.) Trial Setting.

The "no contest" plea is often attractive when the defendant fears that a civil case based on the same incident may arise and that a plea of guilty will be used against the defendant in the civil suit. Pleas of "no contest" or "nolo contendere" do not exist in Missouri.

Defendant, by and through counsel, hereby waives formal reading of the indictment or information. Counsel states that the Defendant is fully aware of the substance of the charge(s) against him or her, and that a copy of the indictment has been provided to the defense.

The most common pleas are guilty, not guilty, or no contest (nolo contendre). A defendant should talk to their lawyer before pleading guilty or no contest. The consequences, besides possible jail or prison time, can be quite severe.

Your attorney will likely ?waive formal arraignment?, which is defined as letting the judge know that they do not have to read the formal charges against a defendant.

Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.

The arraignment shall consist of reading the indictment or information to the defendant or stating to him or her the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before being called upon to plead.

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Missouri Plea Form with Harvey Waiver