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 New Jersey Plea Form with Harvey Waiver is a legal document used in the state of New Jersey during criminal court proceedings. It is designed to be signed by a defendant as a voluntary and informed agreement to waive their rights to a trial by jury and instead accept a plea deal offered by the prosecution. The Harvey Waiver, also known as the "Harvey Bargain," refers to a landmark New Jersey Supreme Court case, State v. Harvey, that established guidelines for plea negotiations. According to the Harvey decision, defendants must be informed of the consequences of their plea and the potential sentences they may face before they decide to waive their right to a trial by jury. The Harvey Waiver is a crucial aspect of the New Jersey Plea Form, ensuring that defendants fully understand their rights and the implications of their decision. In terms of different types, there can be variations of the New Jersey Plea Form with Harvey Waiver depending on the specific details of each case. These may include: 1. Standard Plea Form with Harvey Waiver: This is the most common version of the form, used for various types of criminal charges. It outlines the defendant's acknowledgment of their rights, the terms of the plea agreement, and their understanding of the Harvey Waiver. 2. Drug Offense Plea Form with Harvey Waiver: Designed specifically for cases involving drug-related offenses, this form may include additional provisions and conditions related to drug treatment programs, rehabilitation, or mandatory drug testing. 3. Domestic Violence Plea Form with Harvey Waiver: This type of form addresses cases involving allegations of domestic violence, incorporating specific terms related to restraining orders, counseling, or anger management programs. 4. Juvenile Plea Form with Harvey Waiver: This form is tailored for minors facing criminal charges. It may have unique elements to ensure that the defendant's age and understanding of the Harvey Waiver are taken into account. It is important to note that while the New Jersey Plea Form with Harvey Waiver may vary in structure and content across different circumstances, its primary purpose remains consistent — to ensure defendants comprehend the consequences of pleading guilty and voluntarily waive their right to a trial by jury in accordance with the guidelines set forth by the Harvey decision.The New Jersey Plea Form with Harvey Waiver is a legal document used in the state of New Jersey during criminal court proceedings. It is designed to be signed by a defendant as a voluntary and informed agreement to waive their rights to a trial by jury and instead accept a plea deal offered by the prosecution. The Harvey Waiver, also known as the "Harvey Bargain," refers to a landmark New Jersey Supreme Court case, State v. Harvey, that established guidelines for plea negotiations. According to the Harvey decision, defendants must be informed of the consequences of their plea and the potential sentences they may face before they decide to waive their right to a trial by jury. The Harvey Waiver is a crucial aspect of the New Jersey Plea Form, ensuring that defendants fully understand their rights and the implications of their decision. In terms of different types, there can be variations of the New Jersey Plea Form with Harvey Waiver depending on the specific details of each case. These may include: 1. Standard Plea Form with Harvey Waiver: This is the most common version of the form, used for various types of criminal charges. It outlines the defendant's acknowledgment of their rights, the terms of the plea agreement, and their understanding of the Harvey Waiver. 2. Drug Offense Plea Form with Harvey Waiver: Designed specifically for cases involving drug-related offenses, this form may include additional provisions and conditions related to drug treatment programs, rehabilitation, or mandatory drug testing. 3. Domestic Violence Plea Form with Harvey Waiver: This type of form addresses cases involving allegations of domestic violence, incorporating specific terms related to restraining orders, counseling, or anger management programs. 4. Juvenile Plea Form with Harvey Waiver: This form is tailored for minors facing criminal charges. It may have unique elements to ensure that the defendant's age and understanding of the Harvey Waiver are taken into account. It is important to note that while the New Jersey Plea Form with Harvey Waiver may vary in structure and content across different circumstances, its primary purpose remains consistent — to ensure defendants comprehend the consequences of pleading guilty and voluntarily waive their right to a trial by jury in accordance with the guidelines set forth by the Harvey decision.
