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.
Oakland Michigan Plea Form with Harvey Waiver is a legal document used in the Oakland County, Michigan court system. This form allows defendants to enter a plea and also includes a Harvey Waiver, which is a specific provision related to preserving certain rights during the plea process. The Oakland Michigan Plea Form with Harvey Waiver is an essential tool in the criminal justice system, ensuring that defendants understand their rights and consequences when entering a plea. The Oakland County court system offers various types of Plea Form with Harvey Waiver depending on the nature of the case. Some common types include the Misdemeanor Plea Form with Harvey Waiver and the Felony Plea Form with Harvey Waiver. Each variant is tailored to cater to different levels of offenses, ensuring that defendants can properly acknowledge their understanding of the charges against them and their rights. When filling out the Oakland Michigan Plea Form with Harvey Waiver, defendants are required to provide their personal information, such as their full name, address, date of birth, and contact details. They must also indicate their attorney's information if they have legal representation. The form includes detailed instructions and explanations to assist defendants in comprehending the plea process and ensuring they make informed decisions. Furthermore, the Oakland Michigan Plea Form with Harvey Waiver outlines the defendant's options for entering a plea, such as guilty, not guilty, or no contest (solo contender). It delves into the consequences and potential penalties associated with each plea option, ensuring that defendants fully understand the potential outcomes of their decision. The Harvey Waiver section of the form is crucial as it grants permission to the court to proceed with the plea and acknowledges that the defendant understands the potential consequences. With this waiver, defendants are explicitly informed that by entering a plea, they may be giving up certain rights, such as the right to a trial by jury, the right to confront witnesses, and the right against self-incrimination. Overall, the Oakland Michigan Plea Form with Harvey Waiver is a comprehensive document designed to safeguard defendants' rights while ensuring that they have a clear understanding of the charges against them and the potential penalties associated with their plea. It serves as a vital tool in the justice system, promoting fairness and transparency in the legal process.
