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 Rhode Island Plea Form with Harvey Waiver is a legal document used in the state of Rhode Island as an agreement between the defendant and the court. This form is specifically used when a defendant wants to enter a guilty plea and also waive their right to be present during their sentencing hearing, commonly known as a "Harvey Waiver." The purpose of the Rhode Island Plea Form with Harvey Waiver is to streamline the court process and provide a clear understanding between the defendant and the court regarding the consequences and implications of pleading guilty. By signing this document, the defendant acknowledges and accepts their guilt, relinquishing their right to further proceedings and allowing the court to proceed with sentencing in their absence. It is important to note that there may be different types of Rhode Island Plea Forms with Harvey Waiver, depending on the specific circumstances of the case and the individual's criminal history. Common types of Rhode Island Plea Forms with Harvey Waiver may include: 1. Misdemeanor Plea Form with Harvey Waiver: This document is used for defendants who have committed a misdemeanor offense and wish to plead guilty, accepting the consequences of being present for the sentencing hearing. 2. Felony Plea Form with Harvey Waiver: This plea form is utilized in cases involving felony offenses. Defendants who choose to enter a guilty plea for a felony charge can use this form to waive their presence during the sentencing hearing and effectively move forward with the court's determination. 3. Traffic Violation Plea Form with Harvey Waiver: In cases involving minor traffic offenses, individuals may use this form to plead guilty and waive the Harvey hearing, thereby allowing the court to proceed with the imposition of penalties without their presence. Regardless of the specific type, a Rhode Island Plea Form with Harvey Waiver serves as a vital legal agreement between the defendant and the court, ensuring clarity and efficiency in the plea process while safeguarding the defendant's rights. Keywords: Rhode Island, Plea Form, Harvey Waiver, guilty plea, sentencing hearing, legal document, defendant, court, consequences, streamline, criminal history, misdemeanor, felony, traffic violation, plead guilty, rights.The Rhode Island Plea Form with Harvey Waiver is a legal document used in the state of Rhode Island as an agreement between the defendant and the court. This form is specifically used when a defendant wants to enter a guilty plea and also waive their right to be present during their sentencing hearing, commonly known as a "Harvey Waiver." The purpose of the Rhode Island Plea Form with Harvey Waiver is to streamline the court process and provide a clear understanding between the defendant and the court regarding the consequences and implications of pleading guilty. By signing this document, the defendant acknowledges and accepts their guilt, relinquishing their right to further proceedings and allowing the court to proceed with sentencing in their absence. It is important to note that there may be different types of Rhode Island Plea Forms with Harvey Waiver, depending on the specific circumstances of the case and the individual's criminal history. Common types of Rhode Island Plea Forms with Harvey Waiver may include: 1. Misdemeanor Plea Form with Harvey Waiver: This document is used for defendants who have committed a misdemeanor offense and wish to plead guilty, accepting the consequences of being present for the sentencing hearing. 2. Felony Plea Form with Harvey Waiver: This plea form is utilized in cases involving felony offenses. Defendants who choose to enter a guilty plea for a felony charge can use this form to waive their presence during the sentencing hearing and effectively move forward with the court's determination. 3. Traffic Violation Plea Form with Harvey Waiver: In cases involving minor traffic offenses, individuals may use this form to plead guilty and waive the Harvey hearing, thereby allowing the court to proceed with the imposition of penalties without their presence. Regardless of the specific type, a Rhode Island Plea Form with Harvey Waiver serves as a vital legal agreement between the defendant and the court, ensuring clarity and efficiency in the plea process while safeguarding the defendant's rights. Keywords: Rhode Island, Plea Form, Harvey Waiver, guilty plea, sentencing hearing, legal document, defendant, court, consequences, streamline, criminal history, misdemeanor, felony, traffic violation, plead guilty, rights.
