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.
Puerto Rico Plea Form with Harvey Waiver is a legal document used in the criminal justice system of Puerto Rico. This form is specifically designed to address cases that took place during or were impacted by Hurricane Harvey, a powerful hurricane that severely affected Puerto Rico in 2017. The Puerto Rico Plea Form with Harvey Waiver serves as an agreement between the defendant and the court, outlining the defendant's plea, whether it be guilty, not guilty, or no contest. It also includes a waiver related to any issues arising due to Hurricane Harvey, such as delays in court proceedings, evidence preservation, and time limitations. Understanding the unique challenges faced during and after the hurricane, the Puerto Rico Plea Form with Harvey Waiver provides options for defendants to acknowledge any limitations they may have encountered due to the hurricane's destructive effects. This waiver ensures that defendants' rights are protected, and any unavoidable delays or disruptions caused by the hurricane are considered during the proceedings. There are no specific types of Puerto Rico Plea Form with Harvey Waiver. However, it is essential to note that the content of this form may vary slightly depending on the jurisdiction or court involved. The primary purpose and applicability of the Puerto Rico Plea Form with Harvey Waiver remain the same irrespective of any minor variations. The document captures detailed information about the defendant, case number, charges, and the specific plea entered. It also includes sections where the defendant, defense attorney, and judge must provide their signatures, indicating their consent and understanding of the agreement. In conclusion, the Puerto Rico Plea Form with Harvey Waiver is a vital legal document in Puerto Rico's criminal justice system, ensuring fair and just proceedings despite the challenges posed by Hurricane Harvey. It safeguards the rights of defendants and acknowledges the impact of the hurricane on the legal process, fostering a more compassionate and understanding approach during these extraordinary circumstances.
