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.
A Tennessee Plea Form with Harvey Waiver is a legal document used in the state of Tennessee during a criminal case. This form is utilized when a defendant wishes to enter a guilty plea while also waiving their rights to certain legal protections, commonly known as "Harvey Waiver." The use of this form indicates that the defendant acknowledges and agrees to the implications of their guilty plea and voluntarily gives up certain rights guaranteed by law. The Tennessee Plea Form with Harvey Waiver serves as an official record of the defendant's plea and outlines the specifics of their decision regarding the charges brought against them. This form is prepared by the court or the defendant's legal counsel and includes relevant information, such as the defendant's personal details, case number, and the specific charges they are pleading guilty to. Key elements in a Tennessee Plea Form with Harvey Waiver typically include: 1. Defendant Information: This section provides all the necessary identifying details about the defendant, including their full name, address, date of birth, and contact information. 2. Case Information: This part of the form includes the case number, the court where the case is being heard, and the presiding judge's name. It may also contain information about the arresting agency and the investigating officer. 3. Charge Details: Here, the document lists each charge the defendant is pleading guilty to, providing a clear description of the offense, its classification, and any applicable statutes. 4. Harvey Waiver Terms: This section outlines the specific rights the defendant is waiving by entering a guilty plea. These rights may include the right to a trial, the right to confront witnesses, the right to remain silent, and the right to appeal the conviction. 5. Guilty Plea Statement: The defendant is required to sign a statement indicating that they understand the nature of the charges, are voluntarily pleading guilty, and have discussed the case and their rights with their attorney. This statement also affirms that no promises or threats have influenced their decision. Different types of Tennessee Plea Forms with Harvey Waiver may vary based on factors such as the severity of the charges, the defendant's criminal history, or the specific court where the case is being heard. However, the general purpose and structure of the form remain consistent throughout different variations. By utilizing the Tennessee Plea Form with Harvey Waiver, defendants in Tennessee have an opportunity to formally enter a guilty plea while ensuring they fully understand the implications and consequences of their decision. It serves as an important legal document that protects the rights of defendants and ensures due process in the criminal justice system.
