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 Contra Costa California Plea Form with Harvey Waiver is a legal document used in the Contra Costa County court system in California. This form is specifically designed to allow the defendant to enter a plea while also waiving their rights to a Harvey waiver hearing. The Harvey waiver is named after the landmark California Supreme Court case People v. Harvey, which established that a defendant can only admit to certain facts during a plea if they knowingly, voluntarily, and intelligently waive their constitutional rights to confront and cross-examine witnesses. This waiver is a crucial part of the plea process, as it addresses the defendant's understanding and willingness to forego their rights. By using the Contra Costa California Plea Form with Harvey Waiver, defendants can streamline the plea process and avoid the need for a separate hearing solely dedicated to the Harvey waiver. This form ensures that defendants have full knowledge and comprehension of their rights and the implications of their plea before proceeding. It is important to note that there may be different types of Contra Costa California Plea Forms with Harvey Waiver based on specific circumstances or offenses. Some possible variations of this form may include: 1. Felony Plea Form with Harvey Waiver: This particular form would be utilized in cases where the defendant is charged with a felony offense and wishes to enter a plea while also waiving their rights to a Harvey waiver hearing. 2. Misdemeanor Plea Form with Harvey Waiver: This type of form would be appropriate for misdemeanor offenses where the defendant intends to enter a plea while also waiving their rights to a Harvey waiver hearing. 3. Traffic Violation Plea Form with Harvey Waiver: This form would specifically cater to cases involving traffic violations, such as speeding or running a red light, where the defendant seeks to enter a plea and simultaneously waive their rights to a Harvey waiver hearing. The Contra Costa California Plea Form with Harvey Waiver is a crucial legal document that simplifies the plea process while ensuring defendants acknowledge and comprehend the implications of their plea. It serves to protect the rights of all parties involved and contributes to a fair and efficient judicial system.The Contra Costa California Plea Form with Harvey Waiver is a legal document used in the Contra Costa County court system in California. This form is specifically designed to allow the defendant to enter a plea while also waiving their rights to a Harvey waiver hearing. The Harvey waiver is named after the landmark California Supreme Court case People v. Harvey, which established that a defendant can only admit to certain facts during a plea if they knowingly, voluntarily, and intelligently waive their constitutional rights to confront and cross-examine witnesses. This waiver is a crucial part of the plea process, as it addresses the defendant's understanding and willingness to forego their rights. By using the Contra Costa California Plea Form with Harvey Waiver, defendants can streamline the plea process and avoid the need for a separate hearing solely dedicated to the Harvey waiver. This form ensures that defendants have full knowledge and comprehension of their rights and the implications of their plea before proceeding. It is important to note that there may be different types of Contra Costa California Plea Forms with Harvey Waiver based on specific circumstances or offenses. Some possible variations of this form may include: 1. Felony Plea Form with Harvey Waiver: This particular form would be utilized in cases where the defendant is charged with a felony offense and wishes to enter a plea while also waiving their rights to a Harvey waiver hearing. 2. Misdemeanor Plea Form with Harvey Waiver: This type of form would be appropriate for misdemeanor offenses where the defendant intends to enter a plea while also waiving their rights to a Harvey waiver hearing. 3. Traffic Violation Plea Form with Harvey Waiver: This form would specifically cater to cases involving traffic violations, such as speeding or running a red light, where the defendant seeks to enter a plea and simultaneously waive their rights to a Harvey waiver hearing. The Contra Costa California Plea Form with Harvey Waiver is a crucial legal document that simplifies the plea process while ensuring defendants acknowledge and comprehend the implications of their plea. It serves to protect the rights of all parties involved and contributes to a fair and efficient judicial system.
