New Hampshire 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

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the Party seeking discovery or to the claim or defense of any other Party, including the existence, description, nature, custody, ...

Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate.

Waiving the Arraignment ? A defendant charged with a class A misdemeanor or a felony may waive arraignment only if he or she is represented by a lawyer and that lawyer files a ?waiver of arraignment and entry of not guilty? form with the court prior to the date of arraignment.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr. Co.

Rule 11. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

Replevin is a type of civil remedy used to recover personal property that has been wrongfully taken or detained. A writ of replevin is an order from a court authorizing the retaking of the wrongfully taken or detained personal property. "To replevy" is to recover goods by a writ of replevin.

Motions -- Specific. (a) Motions to Amend. (1) No plaintiff shall have leave to amend a pleading, unless in matters of form, after a default until the defendant has been provided with notice and an opportunity to be heard, to show cause why the amendment should not be allowed.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

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New Hampshire Plea Form with Harvey Waiver