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.
Montana Plea Form with Harvey Waiver is a legal document used in the state of Montana for criminal cases, specifically for cases involving drug offenses. The plea form includes a waiver of rights known as the Harvey Waiver, named after the Montana Supreme Court case State v. Harvey (2003). The Montana Plea Form with Harvey Waiver serves as a comprehensive agreement between the defendant and the court, detailing the defendant's decision to enter a plea of guilty or no contest. By signing this form, the defendant acknowledges that they understand the charges against them and the possible consequences of their plea. The Harvey Waiver aspect of the form refers to the defendant's voluntary relinquishment of certain rights, including the right to a trial by jury, the right to confront and cross-examine witnesses, the right against self-incrimination, and the right to present evidence in their defense. Instead, the defendant agrees to proceed with a plea-based resolution, usually in the form of a negotiated plea agreement. Different types of Montana Plea Form with Harvey Waiver may vary depending on the specific circumstances of the case. Some common variations include: 1. Drug Possession Plea Form with Harvey Waiver: Used when the defendant is charged with illegal possession of controlled substances. 2. Drug Trafficking Plea Form with Harvey Waiver: Applicable when the defendant is charged with trafficking or distributing illegal drugs. 3. Drug Manufacturing Plea Form with Harvey Waiver: Used in cases involving the production or cultivation of illicit drugs. 4. Drug Paraphernalia Possession Plea Form with Harvey Waiver: Applicable when the defendant is charged with possessing equipment or materials used for drug-related activities. In all variations, the Montana Plea Form with Harvey Waiver outlines the specific details of the plea agreement, including any recommended sentences, fines, and probation terms. It also includes a section where the defendant confirms that they have had sufficient time to discuss the matter with their attorney and that they are entering into the plea agreement willingly and knowingly. It's crucial to note that this description is for informational purposes only and should not be considered legal advice. The specific details and requirements of the Montana Plea Form with Harvey Waiver may vary, and individuals involved in legal proceedings should consult with a qualified attorney.Montana Plea Form with Harvey Waiver is a legal document used in the state of Montana for criminal cases, specifically for cases involving drug offenses. The plea form includes a waiver of rights known as the Harvey Waiver, named after the Montana Supreme Court case State v. Harvey (2003). The Montana Plea Form with Harvey Waiver serves as a comprehensive agreement between the defendant and the court, detailing the defendant's decision to enter a plea of guilty or no contest. By signing this form, the defendant acknowledges that they understand the charges against them and the possible consequences of their plea. The Harvey Waiver aspect of the form refers to the defendant's voluntary relinquishment of certain rights, including the right to a trial by jury, the right to confront and cross-examine witnesses, the right against self-incrimination, and the right to present evidence in their defense. Instead, the defendant agrees to proceed with a plea-based resolution, usually in the form of a negotiated plea agreement. Different types of Montana Plea Form with Harvey Waiver may vary depending on the specific circumstances of the case. Some common variations include: 1. Drug Possession Plea Form with Harvey Waiver: Used when the defendant is charged with illegal possession of controlled substances. 2. Drug Trafficking Plea Form with Harvey Waiver: Applicable when the defendant is charged with trafficking or distributing illegal drugs. 3. Drug Manufacturing Plea Form with Harvey Waiver: Used in cases involving the production or cultivation of illicit drugs. 4. Drug Paraphernalia Possession Plea Form with Harvey Waiver: Applicable when the defendant is charged with possessing equipment or materials used for drug-related activities. In all variations, the Montana Plea Form with Harvey Waiver outlines the specific details of the plea agreement, including any recommended sentences, fines, and probation terms. It also includes a section where the defendant confirms that they have had sufficient time to discuss the matter with their attorney and that they are entering into the plea agreement willingly and knowingly. It's crucial to note that this description is for informational purposes only and should not be considered legal advice. The specific details and requirements of the Montana Plea Form with Harvey Waiver may vary, and individuals involved in legal proceedings should consult with a qualified attorney.
