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 West Virginia Plea Form with Harvey Waiver is a legal document used in the state of West Virginia for individuals who wish to enter a guilty plea in court while also waiving their right to be present during a specific stage of the legal proceedings. The Harvey Waiver refers to a specific type of waiver that is often used in criminal cases in West Virginia. This waiver is named after the landmark case of Harvey v. West Virginia, which established that defendants have the right to be present during every stage of their criminal trial, including the selection of the jury, the reading of the verdict, and the sentencing. However, a defendant may choose to waive their right to be present during the jury deliberation phase. The West Virginia Plea Form with Harvey Waiver provides a structured format for defendants to indicate their desire to enter a guilty plea while also waiving their right to be present during jury deliberations. This form is typically used when a defendant and their attorney have carefully considered their options and have determined that entering a guilty plea is in their best interest. By submitting the West Virginia Plea Form with Harvey Waiver, defendants acknowledge that they have been informed of their rights, discussed the potential consequences of a guilty plea, and have consulted with their attorney. This form ensures that defendants fully understand the implications and potential outcomes of their decision. It is important to note that there may be different variations of the West Virginia Plea Form with Harvey Waiver depending on the specific court and jurisdiction. However, the basic purpose and content remain consistent across these variations. In summary, the West Virginia Plea Form with Harvey Waiver is a legal document that allows defendants in West Virginia to enter a guilty plea while waiving their right to be present during jury deliberations. It is essential to consult with an attorney to understand the specific requirements and implications associated with this form in each individual case.A West Virginia Plea Form with Harvey Waiver is a legal document used in the state of West Virginia for individuals who wish to enter a guilty plea in court while also waiving their right to be present during a specific stage of the legal proceedings. The Harvey Waiver refers to a specific type of waiver that is often used in criminal cases in West Virginia. This waiver is named after the landmark case of Harvey v. West Virginia, which established that defendants have the right to be present during every stage of their criminal trial, including the selection of the jury, the reading of the verdict, and the sentencing. However, a defendant may choose to waive their right to be present during the jury deliberation phase. The West Virginia Plea Form with Harvey Waiver provides a structured format for defendants to indicate their desire to enter a guilty plea while also waiving their right to be present during jury deliberations. This form is typically used when a defendant and their attorney have carefully considered their options and have determined that entering a guilty plea is in their best interest. By submitting the West Virginia Plea Form with Harvey Waiver, defendants acknowledge that they have been informed of their rights, discussed the potential consequences of a guilty plea, and have consulted with their attorney. This form ensures that defendants fully understand the implications and potential outcomes of their decision. It is important to note that there may be different variations of the West Virginia Plea Form with Harvey Waiver depending on the specific court and jurisdiction. However, the basic purpose and content remain consistent across these variations. In summary, the West Virginia Plea Form with Harvey Waiver is a legal document that allows defendants in West Virginia to enter a guilty plea while waiving their right to be present during jury deliberations. It is essential to consult with an attorney to understand the specific requirements and implications associated with this form in each individual case.
