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.
Washington Plea Form with Harvey Waiver is a legal document used in the state of Washington that allows defendants to enter a plea agreement while also waiving their right to a speedy trial, as provided by the Supreme Court ruling in State v. Harvey. This form is relevant in criminal cases where the defendant is willing to plead guilty or no contest to a particular offense, and in exchange, the prosecution may offer reduced charges, leniency in sentencing, or other concessions. The Washington Plea Form with Harvey Waiver ensures that defendants fully understand the implications and consequences of their plea agreement, including the waiver of their right to a speedy trial. It details the charges against the defendant, the terms of the plea agreement, and outlines the defendant's understanding and agreement to waive their right to a timely trial. There are several types of Washington Plea Form with Harvey Waiver, depending on the specific circumstances and nature of the case. Some of these variations may include: 1. Standard Plea Form with Harvey Waiver: This is the most common type of form used in Washington courts for typical criminal cases where the defendant seeks to enter a plea agreement and waive their right to a speedy trial. 2. Drug Offense Plea Form with Harvey Waiver: This specific form is used when the charges against the defendant involve drug-related offenses. It may contain additional provisions or conditions related to drug treatment programs or rehabilitation. 3. Felony Plea Form with Harvey Waiver: This form is used in felony cases where the defendant is facing more serious charges and potential longer sentences. It may contain additional provisions specific to felony offenses and sentencing guidelines. 4. Juvenile Plea Form with Harvey Waiver: This form is tailored for cases involving defendants who are minors and fall under the jurisdiction of juvenile courts. It may include provisions related to rehabilitation, counseling, or other measures aimed at assisting the minor in their future. It is vital to consult with an attorney or legal professional to ensure the correct Washington Plea Form with Harvey Waiver is utilized in any given case. This form is crucial in establishing a clear and concise record of the defendant's plea agreement and their understanding of waiving their right to a speedy trial.Washington Plea Form with Harvey Waiver is a legal document used in the state of Washington that allows defendants to enter a plea agreement while also waiving their right to a speedy trial, as provided by the Supreme Court ruling in State v. Harvey. This form is relevant in criminal cases where the defendant is willing to plead guilty or no contest to a particular offense, and in exchange, the prosecution may offer reduced charges, leniency in sentencing, or other concessions. The Washington Plea Form with Harvey Waiver ensures that defendants fully understand the implications and consequences of their plea agreement, including the waiver of their right to a speedy trial. It details the charges against the defendant, the terms of the plea agreement, and outlines the defendant's understanding and agreement to waive their right to a timely trial. There are several types of Washington Plea Form with Harvey Waiver, depending on the specific circumstances and nature of the case. Some of these variations may include: 1. Standard Plea Form with Harvey Waiver: This is the most common type of form used in Washington courts for typical criminal cases where the defendant seeks to enter a plea agreement and waive their right to a speedy trial. 2. Drug Offense Plea Form with Harvey Waiver: This specific form is used when the charges against the defendant involve drug-related offenses. It may contain additional provisions or conditions related to drug treatment programs or rehabilitation. 3. Felony Plea Form with Harvey Waiver: This form is used in felony cases where the defendant is facing more serious charges and potential longer sentences. It may contain additional provisions specific to felony offenses and sentencing guidelines. 4. Juvenile Plea Form with Harvey Waiver: This form is tailored for cases involving defendants who are minors and fall under the jurisdiction of juvenile courts. It may include provisions related to rehabilitation, counseling, or other measures aimed at assisting the minor in their future. It is vital to consult with an attorney or legal professional to ensure the correct Washington Plea Form with Harvey Waiver is utilized in any given case. This form is crucial in establishing a clear and concise record of the defendant's plea agreement and their understanding of waiving their right to a speedy trial.