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 King Washington Plea Form with Harvey Waiver is a legal document that pertains to the court proceedings related to cases in the King Washington jurisdiction. This form is specifically used when a defendant is considering entering a plea in response to criminal charges filed against them, while also waiving their rights under the Harvey rule. The Harvey rule, named after a legal precedent set in the case of Harvey v. State, generally requires the prosecution to disclose certain evidence to the defense that might be favorable or exculpatory. However, by signing the King Washington Plea Form with Harvey Waiver, the defendant acknowledges that they have been fully informed of their rights under the Harvey rule and willingly choose to waive them. By submitting the King Washington Plea Form with Harvey Waiver, the defendant effectively declares their intention to enter a plea, whether it be guilty, not guilty, or a plea deal negotiated with the prosecution. This form ensures that the defendant is aware of the implications and consequences of their plea, that they have been informed of their rights to access potentially favorable evidence under the Harvey rule, and that they voluntarily waive those rights. There are no different types or variations of the King Washington Plea Form with Harvey Waiver as it is specific to the jurisdiction of King Washington and relates exclusively to the Harvey rule. However, it is important to note that different districts or jurisdictions may have their own unique plea forms and waiver requirements, which would not be covered by this specific form. In conclusion, the King Washington Plea Form with Harvey Waiver is a crucial legal document that allows defendants in criminal cases to enter a plea while simultaneously waiving their rights under the Harvey rule. By signing this form, the defendant acknowledges their understanding of the implications of their plea and their decision to waive their access to potentially favorable evidence that would have been disclosed under the Harvey rule.The King Washington Plea Form with Harvey Waiver is a legal document that pertains to the court proceedings related to cases in the King Washington jurisdiction. This form is specifically used when a defendant is considering entering a plea in response to criminal charges filed against them, while also waiving their rights under the Harvey rule. The Harvey rule, named after a legal precedent set in the case of Harvey v. State, generally requires the prosecution to disclose certain evidence to the defense that might be favorable or exculpatory. However, by signing the King Washington Plea Form with Harvey Waiver, the defendant acknowledges that they have been fully informed of their rights under the Harvey rule and willingly choose to waive them. By submitting the King Washington Plea Form with Harvey Waiver, the defendant effectively declares their intention to enter a plea, whether it be guilty, not guilty, or a plea deal negotiated with the prosecution. This form ensures that the defendant is aware of the implications and consequences of their plea, that they have been informed of their rights to access potentially favorable evidence under the Harvey rule, and that they voluntarily waive those rights. There are no different types or variations of the King Washington Plea Form with Harvey Waiver as it is specific to the jurisdiction of King Washington and relates exclusively to the Harvey rule. However, it is important to note that different districts or jurisdictions may have their own unique plea forms and waiver requirements, which would not be covered by this specific form. In conclusion, the King Washington Plea Form with Harvey Waiver is a crucial legal document that allows defendants in criminal cases to enter a plea while simultaneously waiving their rights under the Harvey rule. By signing this form, the defendant acknowledges their understanding of the implications of their plea and their decision to waive their access to potentially favorable evidence that would have been disclosed under the Harvey rule.
