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 Orange California Plea Form with Harvey Waiver is a legal document that holds significance in the state of California. This form is primarily used in the context of criminal plea agreements, where an individual charged with a crime opts to enter a guilty plea in exchange for specific terms and conditions. The form incorporates the Harvey Waiver, which refers to a waiver of rights as established in the landmark case People v. Harvey. The Orange California Plea Form with Harvey Waiver ensures that the defendant fully understands the rights they are waiving by entering into the plea agreement and acknowledges the potential consequences. The form is designed to be comprehensive, outlining crucial information relevant to the plea agreement process. Key details included in the form consist of the defendant's personal information such as name, address, and contact details, along with their attorney's information. It also specifies the details of the case, including the charges, case number, court jurisdiction, and the assigned judge. Different types of Orange California Plea Form with Harvey Waiver may vary based on the specific charges and circumstances of the case. These forms could include variations for various criminal offenses, such as misdemeanor or felony charges, DUI (Driving Under the Influence), drug-related offenses, theft, assault, and more. Each form type is tailored to cater to the unique aspects of the particular charge, allowing for the inclusion of pertinent legal provisions and terms. Additionally, the form may contain sections outlining the terms of the plea agreement, including any recommended sentence, probationary periods, fines, restitution, community service requirements, and other conditions imposed by the court. It also clarifies the consequences of violating any terms of the agreement or engaging in subsequent criminal activity. Overall, the Orange California Plea Form with Harvey Waiver is an essential legal instrument that facilitates the plea agreement process, ensuring that defendants fully comprehend their rights and the consequences of their actions. By using this comprehensive form, both defendants and the court system can ensure transparency, fairness, and accurate record-keeping during plea negotiations and subsequent proceedings.The Orange California Plea Form with Harvey Waiver is a legal document that holds significance in the state of California. This form is primarily used in the context of criminal plea agreements, where an individual charged with a crime opts to enter a guilty plea in exchange for specific terms and conditions. The form incorporates the Harvey Waiver, which refers to a waiver of rights as established in the landmark case People v. Harvey. The Orange California Plea Form with Harvey Waiver ensures that the defendant fully understands the rights they are waiving by entering into the plea agreement and acknowledges the potential consequences. The form is designed to be comprehensive, outlining crucial information relevant to the plea agreement process. Key details included in the form consist of the defendant's personal information such as name, address, and contact details, along with their attorney's information. It also specifies the details of the case, including the charges, case number, court jurisdiction, and the assigned judge. Different types of Orange California Plea Form with Harvey Waiver may vary based on the specific charges and circumstances of the case. These forms could include variations for various criminal offenses, such as misdemeanor or felony charges, DUI (Driving Under the Influence), drug-related offenses, theft, assault, and more. Each form type is tailored to cater to the unique aspects of the particular charge, allowing for the inclusion of pertinent legal provisions and terms. Additionally, the form may contain sections outlining the terms of the plea agreement, including any recommended sentence, probationary periods, fines, restitution, community service requirements, and other conditions imposed by the court. It also clarifies the consequences of violating any terms of the agreement or engaging in subsequent criminal activity. Overall, the Orange California Plea Form with Harvey Waiver is an essential legal instrument that facilitates the plea agreement process, ensuring that defendants fully comprehend their rights and the consequences of their actions. By using this comprehensive form, both defendants and the court system can ensure transparency, fairness, and accurate record-keeping during plea negotiations and subsequent proceedings.
