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 Mecklenburg North Carolina Plea Form with Harvey Waiver is an important legal document used in the Mecklenburg County court system in North Carolina. This form allows defendants to enter a plea in their criminal case while also waiving their rights under the Supreme Court ruling in Harvey v. North Carolina. This ruling allows the prosecution to introduce evidence of prior convictions during the sentencing phase of a trial, which may enhance the penalty imposed. The Mecklenburg North Carolina Plea Form with Harvey Waiver serves as an acknowledgment by the defendant that they understand the potential consequences of their plea and the waiver they are making. By signing this form, the defendant agrees that they have been informed of their rights under the Harvey v. North Carolina ruling and voluntarily choose to waive them. It is essential to note that there are no different types of Mecklenburg North Carolina Plea Form with Harvey Waiver. However, multiple versions of the form may exist to accommodate specific case types or procedural variations, although the fundamental content remains consistent. The form generally includes sections where the defendant must provide their personal information, such as name, address, date of birth, and contact details. Additionally, defendants will be required to state their plea, whether it is guilty, not guilty, or, in some cases, solo contender (no contest). The Mecklenburg North Carolina Plea Form with Harvey Waiver further includes a clear explanation of the implications of the Harvey waiver. It outlines that any prior convictions may be presented during the sentencing phase and will be taken into consideration by the court in determining the appropriate penalty. By signing the form, the defendant acknowledges their understanding of this consequence and agrees to proceed with the plea. Furthermore, the form may include sections where the defendant has the opportunity to indicate whether they have consulted with an attorney, understand the charges against them, and if any promises or threats have been made to influence their decision to proceed with the plea. It is crucial for defendants to carefully read and comprehend the Mecklenburg North Carolina Plea Form with Harvey Waiver before signing it. Signing the form signifies their consent to the plea and the associated Harvey waiver, which may have a significant impact on their case's outcome. Overall, the Mecklenburg North Carolina Plea Form with Harvey Waiver is a vital legal document that ensures defendants are fully informed and aware of their rights when entering a plea in Mecklenburg County, North Carolina court system.The Mecklenburg North Carolina Plea Form with Harvey Waiver is an important legal document used in the Mecklenburg County court system in North Carolina. This form allows defendants to enter a plea in their criminal case while also waiving their rights under the Supreme Court ruling in Harvey v. North Carolina. This ruling allows the prosecution to introduce evidence of prior convictions during the sentencing phase of a trial, which may enhance the penalty imposed. The Mecklenburg North Carolina Plea Form with Harvey Waiver serves as an acknowledgment by the defendant that they understand the potential consequences of their plea and the waiver they are making. By signing this form, the defendant agrees that they have been informed of their rights under the Harvey v. North Carolina ruling and voluntarily choose to waive them. It is essential to note that there are no different types of Mecklenburg North Carolina Plea Form with Harvey Waiver. However, multiple versions of the form may exist to accommodate specific case types or procedural variations, although the fundamental content remains consistent. The form generally includes sections where the defendant must provide their personal information, such as name, address, date of birth, and contact details. Additionally, defendants will be required to state their plea, whether it is guilty, not guilty, or, in some cases, solo contender (no contest). The Mecklenburg North Carolina Plea Form with Harvey Waiver further includes a clear explanation of the implications of the Harvey waiver. It outlines that any prior convictions may be presented during the sentencing phase and will be taken into consideration by the court in determining the appropriate penalty. By signing the form, the defendant acknowledges their understanding of this consequence and agrees to proceed with the plea. Furthermore, the form may include sections where the defendant has the opportunity to indicate whether they have consulted with an attorney, understand the charges against them, and if any promises or threats have been made to influence their decision to proceed with the plea. It is crucial for defendants to carefully read and comprehend the Mecklenburg North Carolina Plea Form with Harvey Waiver before signing it. Signing the form signifies their consent to the plea and the associated Harvey waiver, which may have a significant impact on their case's outcome. Overall, the Mecklenburg North Carolina Plea Form with Harvey Waiver is a vital legal document that ensures defendants are fully informed and aware of their rights when entering a plea in Mecklenburg County, North Carolina court system.
