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 Cook Illinois Plea Form with Harvey Waiver is a legal document commonly used in the state of Illinois. This form serves as an agreement between the defendant (charged with a crime) and the prosecution, outlining the terms of a plea bargain. The Cook Illinois Plea Form with Harvey Waiver allows defendants to voluntarily waive their right to a trial by jury and agree to resolve their case through a negotiated plea deal. By signing this form, the defendant acknowledges that they understand the charges against them, the potential consequences of their actions, and the terms of the proposed plea agreement. This plea form is referred to as the "Harvey Waiver" because it derives from a legal precedent established in the case of People v. Harvey, which allows a defendant to waive their right to a jury trial as long as certain specific conditions are met. The Harvey Waiver is generally used in cases where the defendant agrees to plead guilty to a lesser offense or accept a predetermined sentence in exchange for avoiding the uncertainties of a trial. It is important to note that there are no specific variations or types of Cook Illinois Plea Form with Harvey Waiver. However, the content of the form may vary slightly depending on the nature of the case, the charges involved, and the terms negotiated between the prosecution and the defense. The form typically includes sections for the defendant's personal information, details of the charges, acknowledgment of rights being waived, and the terms of the agreed-upon plea bargain. Keywords: Cook Illinois Plea Form, Harvey Waiver, plea bargain, defendant, prosecution, trial by jury, negotiated plea deal, legal document, charges, consequences, People v. Harvey, guilty plea, lesser offense, predetermined sentence, uncertainties, trial, personal information, rights waiver, plea bargain terms.
