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.
Keywords: Wyoming Plea Form, Harvey Waiver, detailed description, different types Description: The Wyoming Plea Form with Harvey Waiver is a legal document used in the state of Wyoming to acknowledge a defendant's understanding and voluntary agreement to enter a guilty plea. This form includes specific provisions related to the Harvey Waiver, which refers to the relinquishment of the right to be present during certain stages of the criminal proceedings. The Harvey Waiver, named after a landmark case in Wyoming, allows defendants to voluntarily waive their right to be personally present at various stages, such as scheduling conferences, status conferences, or other non-adversarial proceedings. By signing the Wyoming Plea Form with Harvey Waiver, defendants acknowledge that they have been fully informed of their rights and the potential consequences of waiving their presence. There are different types of Wyoming Plea Forms with Harvey Waivers, depending on the specific circumstances of the case and the stage at which the defendant is willing to waive their presence. Some common variations include: 1. Initial Appearance and Arraignment Waiver: Defendants may choose to waive their presence during the initial appearance and arraignment stage, where the charges are read out, and the defendant enters a plea. This waiver allows the proceedings to continue without the defendant's physical presence. 2. Scheduling Conference Waiver: If the court schedules a conference to discuss the case's progress or any pre-trial matters, defendants can choose to waive their presence during such conferences. This waiver acknowledges that the defendant's legal counsel will represent their interests without requiring their presence. 3. Status Conference Waiver: As the case progresses, the court may schedule status conferences to review the progress, discuss any pending issues or motions, or determine trial dates. Defendants can waive their presence during these conferences, allowing their attorney to represent them. It is important to note that while the Wyoming Plea Form with Harvey Waiver allows defendants to waive their presence, it does not waive the right to be present during critical stages such as plea hearings, sentencing hearings, or trial. Defendants should consult their legal counsel and review the specific form carefully before signing, ensuring they understand the implications of each waiver and the conditions under which their presence may be required.Keywords: Wyoming Plea Form, Harvey Waiver, detailed description, different types Description: The Wyoming Plea Form with Harvey Waiver is a legal document used in the state of Wyoming to acknowledge a defendant's understanding and voluntary agreement to enter a guilty plea. This form includes specific provisions related to the Harvey Waiver, which refers to the relinquishment of the right to be present during certain stages of the criminal proceedings. The Harvey Waiver, named after a landmark case in Wyoming, allows defendants to voluntarily waive their right to be personally present at various stages, such as scheduling conferences, status conferences, or other non-adversarial proceedings. By signing the Wyoming Plea Form with Harvey Waiver, defendants acknowledge that they have been fully informed of their rights and the potential consequences of waiving their presence. There are different types of Wyoming Plea Forms with Harvey Waivers, depending on the specific circumstances of the case and the stage at which the defendant is willing to waive their presence. Some common variations include: 1. Initial Appearance and Arraignment Waiver: Defendants may choose to waive their presence during the initial appearance and arraignment stage, where the charges are read out, and the defendant enters a plea. This waiver allows the proceedings to continue without the defendant's physical presence. 2. Scheduling Conference Waiver: If the court schedules a conference to discuss the case's progress or any pre-trial matters, defendants can choose to waive their presence during such conferences. This waiver acknowledges that the defendant's legal counsel will represent their interests without requiring their presence. 3. Status Conference Waiver: As the case progresses, the court may schedule status conferences to review the progress, discuss any pending issues or motions, or determine trial dates. Defendants can waive their presence during these conferences, allowing their attorney to represent them. It is important to note that while the Wyoming Plea Form with Harvey Waiver allows defendants to waive their presence, it does not waive the right to be present during critical stages such as plea hearings, sentencing hearings, or trial. Defendants should consult their legal counsel and review the specific form carefully before signing, ensuring they understand the implications of each waiver and the conditions under which their presence may be required.
