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 Montgomery Maryland Plea Form with Harvey Waiver is a legal document that is utilized in the state of Maryland, specifically in Montgomery County, as part of the plea agreement process in criminal cases. This comprehensive form is designed to ensure that both the defendant and the prosecution fully understand and agree upon the terms of the plea deal. The form includes various sections containing essential information pertaining to the case, the defendant, and the agreed-upon terms. The purpose of the Harvey Waiver, named after a Maryland court case, is to waive the defendant's right to have the prosecution prove their guilt beyond a reasonable doubt. Instead, the defendant agrees to be found guilty based on the evidence presented, usually in exchange for certain concessions from the prosecution. The Montgomery Maryland Plea Form with Harvey Waiver typically consists of the following sections: 1. Case Information: This section includes the case number, the defendant's name, and other identifying details related to the charges and court proceedings. 2. Defendant's Information: Here, the form collects the defendant's personal details, such as their full name, address, date of birth, and contact information. 3. Charges and Potential Penalties: This section outlines the specific charges faced by the defendant, along with the potential penalties if found guilty. It provides a clear understanding of the seriousness of the charges and the consequences of accepting the plea agreement. 4. Explanation of Rights: This part of the form details the defendant's constitutional rights, such as the right to a trial by jury, the right to remain silent, and the right to confront witnesses. It clarifies that by signing the form, the defendant is waiving certain rights. 5. Understanding of the Plea Agreement: This section ensures that the defendant fully comprehends the terms of the plea agreement, including the nature of the charges, the recommended sentence or outcome, and any other arrangements made between the defendant and the prosecution. 6. Acknowledgment of Consequences: Here, the defendant acknowledges that by signing the plea form, they understand the potential consequences of waiving their rights and accepting the agreement. It also includes a statement that the defendant agrees to abide by the terms of the agreement. It is important to note that the content and structure of the Montgomery Maryland Plea Form with Harvey Waiver may vary slightly depending on the specific requirements and procedures of Montgomery County. Moreover, different versions of this form may exist to cater to different types of criminal cases, such as misdemeanor, felony, or specific charges like drug offenses or assault.The Montgomery Maryland Plea Form with Harvey Waiver is a legal document that is utilized in the state of Maryland, specifically in Montgomery County, as part of the plea agreement process in criminal cases. This comprehensive form is designed to ensure that both the defendant and the prosecution fully understand and agree upon the terms of the plea deal. The form includes various sections containing essential information pertaining to the case, the defendant, and the agreed-upon terms. The purpose of the Harvey Waiver, named after a Maryland court case, is to waive the defendant's right to have the prosecution prove their guilt beyond a reasonable doubt. Instead, the defendant agrees to be found guilty based on the evidence presented, usually in exchange for certain concessions from the prosecution. The Montgomery Maryland Plea Form with Harvey Waiver typically consists of the following sections: 1. Case Information: This section includes the case number, the defendant's name, and other identifying details related to the charges and court proceedings. 2. Defendant's Information: Here, the form collects the defendant's personal details, such as their full name, address, date of birth, and contact information. 3. Charges and Potential Penalties: This section outlines the specific charges faced by the defendant, along with the potential penalties if found guilty. It provides a clear understanding of the seriousness of the charges and the consequences of accepting the plea agreement. 4. Explanation of Rights: This part of the form details the defendant's constitutional rights, such as the right to a trial by jury, the right to remain silent, and the right to confront witnesses. It clarifies that by signing the form, the defendant is waiving certain rights. 5. Understanding of the Plea Agreement: This section ensures that the defendant fully comprehends the terms of the plea agreement, including the nature of the charges, the recommended sentence or outcome, and any other arrangements made between the defendant and the prosecution. 6. Acknowledgment of Consequences: Here, the defendant acknowledges that by signing the plea form, they understand the potential consequences of waiving their rights and accepting the agreement. It also includes a statement that the defendant agrees to abide by the terms of the agreement. It is important to note that the content and structure of the Montgomery Maryland Plea Form with Harvey Waiver may vary slightly depending on the specific requirements and procedures of Montgomery County. Moreover, different versions of this form may exist to cater to different types of criminal cases, such as misdemeanor, felony, or specific charges like drug offenses or assault.
