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 Oklahoma Plea Form with Harvey Waiver is a legal document that is commonly used in the state of Oklahoma during criminal court proceedings. It allows defendants to enter a guilty plea to a criminal charge while also waiving their rights to certain protections provided by the landmark U.S. Supreme Court case of Harvey v. State. The Harvey Waiver gets its name from the court case Harvey v. State, which established that a defendant has the right to a unanimous jury verdict in criminal trials. However, defendants may choose to waive this right and instead elect to have a non-unanimous verdict rendered by the jury or to have a judge alone determine their guilt or innocence. The Oklahoma Plea Form with Harvey Waiver provides defendants with a clear and concise format to indicate their desire to enter a guilty plea while simultaneously waiving their rights under the Harvey decision. By signing this form, defendants affirm their understanding of the consequences of their plea and the implications of waiving their right to a unanimous jury verdict. There are different types of Oklahoma Plea Forms with Harvey Waivers that may be used depending on the specific circumstances of the case. These may include: 1. Ordinary Plea Form with Harvey Waiver: This is the standard plea form that defendants use to enter a guilty plea and waive their right to a unanimous jury verdict. It is applicable for most criminal cases where the Harvey decision is relevant. 2. Plea Form with Harvey Waiver for Juveniles: This specific form is tailored for cases involving juvenile defendants who wish to enter a guilty plea while also waiving their rights under the Harvey decision. It takes into account the unique considerations of the juvenile justice system. 3. Plea Form with Harvey Waiver for Felony Offenses: In cases where the criminal charge is a felony offense, a separate form may be used to ensure that defendants fully understand the implications of their plea and their rights under the Harvey decision. This form may include additional language and provisions specific to felony charges. It is important for defendants to consult with their attorneys before using the Oklahoma Plea Form with Harvey Waiver to ensure they fully understand their rights and the implications of their decision. This document plays a crucial role in the plea process, enabling defendants to make informed decisions about their case while ensuring compliance with the legal requirements of the Harvey decision in Oklahoma.
