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.
Cuyahoga County is a county located in the state of Ohio, United States. It is the second-most populous county in Ohio and home to the city of Cleveland. Within the county, there is a legal document known as the "Cuyahoga Ohio Plea Form with Harvey Waiver." The Cuyahoga Ohio Plea Form with Harvey Waiver is a specific legal form used in criminal court proceedings within Cuyahoga County. It is primarily utilized during plea negotiations and agreements between the defendant and the prosecutor. The form includes a waiver related to rights established by the landmark U.S. Supreme Court case, Brady v. Maryland (1963), commonly referred to as the "Harvey waiver." A "Harvey waiver" refers to the defendant voluntarily waiving their rights to any exculpatory evidence that may exist in their case. Exculpatory evidence is evidence that could potentially prove the defendant's innocence or undermine the prosecution's case. By signing the Cuyahoga Ohio Plea Form with Harvey Waiver, the defendant acknowledges that they understand their rights, including the right to such evidence, and willingly relinquishes their entitlement to it. It is important to note that there may be different types or variations of the Cuyahoga Ohio Plea Form with Harvey Waiver, depending on the specific circumstances of the case or court requirements. Some of these variations may include misdemeanor plea forms, felony plea forms, or specialized forms for different types of criminal charges. When handling a criminal case in Cuyahoga County, defendants and their legal representatives should familiarize themselves with the Cuyahoga Ohio Plea Form with Harvey Waiver and understand its implications fully. Legal advice and consultation are advised to ensure that the defendant's rights are protected throughout the plea negotiation process.
