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.
Title: New Hampshire Plea Form with Harvey Waiver: Comprehensive Guide and Types Introduction: The New Hampshire Plea Form with Harvey Waiver is a crucial legal document used in criminal cases within the state's judicial system. This form, named after the landmark case State v. Harvey, allows defendants to enter a guilty plea while preserving certain rights. In this article, we will provide a detailed description of the New Hampshire Plea Form with Harvey Waiver, highlighting its purpose, key components, and different types. Keywords: New Hampshire Plea Form, Harvey Waiver, criminal cases, guilty plea, preserving rights, judicial system 1. Purpose of the New Hampshire Plea Form with Harvey Waiver: The New Hampshire plea form with the Harvey waiver serves the following purposes: — Allows defendants to plead guilty knowingly, voluntarily, and intelligently — Ensures defendants are aware of their constitutional rights and the consequences of their plea — Acknowledges that the defendant understands the potential penalties associated with the guilty plea — Provides an opportunity for defendants to have their questions answered before making a final decision Keywords: purpose, plea form, Harvey waiver, plead guilty, knowingly, voluntarily, intelligently, constitutional rights, consequences, penalties 2. Key Components of the New Hampshire Plea Form with Harvey Waiver: The New Hampshire Plea Form with Harvey Waiver typically includes the following sections: — Defendant's Personal Information: Name, address, contact details, and case number — Statement of Rights: Enumerates the defendant's constitutional rights, such as the right to a trial, to remain silent, and to confront witnesses — Advisement of Consequences: Explains the consequences of pleading guilty, including potential imprisonment, fines, probation, or other penalties — Waiver of Rights: Requests the defendant to acknowledge their understanding of the rights being waived by entering a guilty plea — Attorney's Confirmation: Affirms that the defendant's attorney has explained the form, answered questions, and advised on the consequences of pleading guilty — Defendant's Signature: The defendant signs the form to indicate their voluntary and informed decision to enter a guilty plea Keywords: key components, plea form, personal information, statement of rights, advisement, consequences, waiver of rights, attorney's confirmation, defendant's signature 3. Types of New Hampshire Plea Form with Harvey Waiver: While variations may exist from case to case, there are no different types of New Hampshire Plea Form with Harvey Waiver. The form's structure and content remain uniform, focusing on ensuring defendants fully understand the implications of their guilty plea and the rights they are giving up by waiving trial. Keywords: types, plea form, Harvey waiver, variations, structure, content, uniform Conclusion: The New Hampshire Plea Form with Harvey Waiver is an essential legal document in criminal cases, enabling defendants to enter a guilty plea while safeguarding their rights. By understanding the purpose, key components, and absence of variations in this form, defendants and legal professionals can navigate the plea process with clarity and confidence. Keywords: conclusion, plea form, Harvey waiver, legal document, criminal cases, guilty plea, safeguarding rights, navigation, clarity, confidence
