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.
Franklin Ohio Plea Form with Harvey Waiver is a legal document used in Franklin County, Ohio, that allows defendants to enter a plea in a criminal case while also waiving their rights under the Harvey Rule. The Harvey Rule is a precedent established by the Ohio Supreme Court in the case of State v. Harvey, which requires prosecutors to disclose any relevant evidence to the defense before a plea is entered. The purpose of the Franklin Ohio Plea Form with Harvey Waiver is to ensure that defendants fully understand the implications of entering a plea and voluntarily waive their rights under the Harvey Rule. This form serves as an acknowledgment and agreement between the defendant, defense counsel, and the court. The Franklin Ohio Plea Form with Harvey Waiver typically includes the following sections: 1. Case Details: This section provides information on the defendant's name, case number, the presiding judge, and the specific charges being faced. 2. Plea Choice: The defendant must indicate their plea choice — guiltcontestedes— - and understand the consequences associated with each plea option. 3. Waiver of Harvey Rule: This section informs the defendant about the Harvey Rule and its implications. The defendant must acknowledge that they waive their rights under the Harvey Rule and understand that they will not receive any additional disclosure of evidence before entering the plea. 4. Advice of Counsel: The defendant acknowledges that they have discussed the plea and Harvey waiver with their attorney, and they are satisfied with the advice received. 5. Indication of Voluntaries: The defendant confirms that they are voluntarily entering the plea and understand its consequences, including the waiver of certain rights. It is important to note that there may not be different types of Franklin Ohio Plea Form with Harvey Waiver as the purpose of the form remains the same in all cases. However, specific sections or language may vary depending on the particular court or jurisdiction within Franklin County, Ohio. Keywords: Franklin Ohio, Plea Form, Harvey Waiver, Franklin County, criminal case, rights, evidence, Harvey Rule, precedent, Ohio Supreme Court, disclosure, defendant, defense counsel, court, acknowledgment, agreement, charges, guilty, no contest, waiver, consequences, advice, voluntaries, jurisdiction.Franklin Ohio Plea Form with Harvey Waiver is a legal document used in Franklin County, Ohio, that allows defendants to enter a plea in a criminal case while also waiving their rights under the Harvey Rule. The Harvey Rule is a precedent established by the Ohio Supreme Court in the case of State v. Harvey, which requires prosecutors to disclose any relevant evidence to the defense before a plea is entered. The purpose of the Franklin Ohio Plea Form with Harvey Waiver is to ensure that defendants fully understand the implications of entering a plea and voluntarily waive their rights under the Harvey Rule. This form serves as an acknowledgment and agreement between the defendant, defense counsel, and the court. The Franklin Ohio Plea Form with Harvey Waiver typically includes the following sections: 1. Case Details: This section provides information on the defendant's name, case number, the presiding judge, and the specific charges being faced. 2. Plea Choice: The defendant must indicate their plea choice — guiltcontestedes— - and understand the consequences associated with each plea option. 3. Waiver of Harvey Rule: This section informs the defendant about the Harvey Rule and its implications. The defendant must acknowledge that they waive their rights under the Harvey Rule and understand that they will not receive any additional disclosure of evidence before entering the plea. 4. Advice of Counsel: The defendant acknowledges that they have discussed the plea and Harvey waiver with their attorney, and they are satisfied with the advice received. 5. Indication of Voluntaries: The defendant confirms that they are voluntarily entering the plea and understand its consequences, including the waiver of certain rights. It is important to note that there may not be different types of Franklin Ohio Plea Form with Harvey Waiver as the purpose of the form remains the same in all cases. However, specific sections or language may vary depending on the particular court or jurisdiction within Franklin County, Ohio. Keywords: Franklin Ohio, Plea Form, Harvey Waiver, Franklin County, criminal case, rights, evidence, Harvey Rule, precedent, Ohio Supreme Court, disclosure, defendant, defense counsel, court, acknowledgment, agreement, charges, guilty, no contest, waiver, consequences, advice, voluntaries, jurisdiction.
