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.
Los Angeles California Plea Form with Harvey Waiver is a legal document utilized in the state of California, specifically in Los Angeles County, during criminal court proceedings. This form is essential when defendants enter a plea in court while waiving their rights under the landmark case Harvey v. Municipal Court. The Harvey waiver refers to the waiver of certain constitutional rights as stipulated in the Harvey case. In this case, the California Supreme Court decided that defendants have the right to counsel during plea negotiations. The waiver allows defendants to proceed with their plea without the presence and assistance of an attorney. The Los Angeles California Plea Form with Harvey Waiver is a comprehensive document that encompasses various aspects related to the plea. It may contain multiple sections and variants, depending on the specific court and situation. Some potential types of this form in Los Angeles County include: 1. Los Angeles California Plea Form with Harvey Waiver — Misdemeanor: This form pertains to defendants facing misdemeanor charges (less serious crimes) in Los Angeles County. It outlines the defendant's personal information, the charges against them, and their plea while waiving their rights under Harvey. 2. Los Angeles California Plea Form with Harvey Waiver — Felony: This form is used for defendants facing felony charges (serious crimes) in Los Angeles County. It contains similar sections as the misdemeanor form, but with additional details regarding the serious nature of the allegations. 3. Los Angeles California Plea Form with Harvey Waiver — Traffic Offenses: This variant of the form is specific to traffic-related offenses in Los Angeles County. It caters to individuals accused of violating traffic laws, such as reckless driving or driving under the influence (DUI). The form includes sections to address the nature of the offense and the defendant's plea while waiving their rights under Harvey. The Los Angeles California Plea Form with Harvey Waiver is an important legal document that ensures defendants fully understand and knowingly waive their rights when entering a plea. It is crucial for defendants to carefully review and complete this form under the guidance of their legal counsel or with the court's assistance to ensure the clarity and accuracy of their plea and waiver.Los Angeles California Plea Form with Harvey Waiver is a legal document utilized in the state of California, specifically in Los Angeles County, during criminal court proceedings. This form is essential when defendants enter a plea in court while waiving their rights under the landmark case Harvey v. Municipal Court. The Harvey waiver refers to the waiver of certain constitutional rights as stipulated in the Harvey case. In this case, the California Supreme Court decided that defendants have the right to counsel during plea negotiations. The waiver allows defendants to proceed with their plea without the presence and assistance of an attorney. The Los Angeles California Plea Form with Harvey Waiver is a comprehensive document that encompasses various aspects related to the plea. It may contain multiple sections and variants, depending on the specific court and situation. Some potential types of this form in Los Angeles County include: 1. Los Angeles California Plea Form with Harvey Waiver — Misdemeanor: This form pertains to defendants facing misdemeanor charges (less serious crimes) in Los Angeles County. It outlines the defendant's personal information, the charges against them, and their plea while waiving their rights under Harvey. 2. Los Angeles California Plea Form with Harvey Waiver — Felony: This form is used for defendants facing felony charges (serious crimes) in Los Angeles County. It contains similar sections as the misdemeanor form, but with additional details regarding the serious nature of the allegations. 3. Los Angeles California Plea Form with Harvey Waiver — Traffic Offenses: This variant of the form is specific to traffic-related offenses in Los Angeles County. It caters to individuals accused of violating traffic laws, such as reckless driving or driving under the influence (DUI). The form includes sections to address the nature of the offense and the defendant's plea while waiving their rights under Harvey. The Los Angeles California Plea Form with Harvey Waiver is an important legal document that ensures defendants fully understand and knowingly waive their rights when entering a plea. It is crucial for defendants to carefully review and complete this form under the guidance of their legal counsel or with the court's assistance to ensure the clarity and accuracy of their plea and waiver.
