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 Pennsylvania Plea Form with Harvey Waiver is a legal document used in the state of Pennsylvania for plea agreements in criminal cases. This form allows defendants and their attorneys to formally enter a guilty plea while waiving their rights under the Pennsylvania Supreme Court ruling in Commonwealth v. Harvey. The Harvey waiver refers to a legal precedent established in 1996 in the case of Commonwealth v. Harvey. This ruling allows prosecutors to introduce evidence of a defendant's prior convictions as part of the trial in order to establish a pattern or motive. The waiver means that the defendant acknowledges and agrees that the court can consider their previous convictions during sentencing if they choose to plead guilty. The Pennsylvania Plea Form with Harvey Waiver is typically used when defendants and their attorneys have reached a plea agreement with the prosecutor. By signing this form, the defendant agrees to plead guilty to the charges brought against them and acknowledges the inclusion of their past convictions as part of the sentencing process. It is important to note that there may be variations of the Pennsylvania Plea Form with Harvey Waiver depending on the specific court or county. However, the basic intent and purpose remain the same across these forms. Some common variations include the Philadelphia Plea Form with Harvey Waiver or the Allegheny County Plea Form with Harvey Waiver, which are specific to those jurisdictions. In conclusion, the Pennsylvania Plea Form with Harvey Waiver is a legal document that defendants use to formally enter a guilty plea while waiving their rights under the Commonwealth v. Harvey ruling. This form ensures that defendants understand and acknowledge the potential impact of their past convictions on the sentencing process. Various counties in Pennsylvania may have their own versions of this form with slight variations, such as the Philadelphia Plea Form with Harvey Waiver or Allegheny County Plea Form with Harvey Waiver, but the core purpose remains the same.
