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.
Phoenix Arizona Plea Form with Harvey Waiver is a legal document that is used in court proceedings in Phoenix, Arizona. This form is specifically designed to provide an individual who is charged with a criminal offense the opportunity to enter a plea agreement that includes a Harvey Waiver. A Harvey Waiver refers to a waiver of the defendant's constitutional right to a speedy trial, as established by the United States Supreme Court case Barker v. Wing (1972). This waiver allows the defendant to extend the length of time before their trial takes place, granting them and their attorney additional time to prepare their defense. By signing the Phoenix Arizona Plea Form with Harvey Waiver, the defendant acknowledges and agrees to waive their right to a speedy trial. This waiver is a strategic choice made by the defendant and their legal counsel, often in pursuit of a more favorable outcome such as gathering additional evidence, negotiating a better plea agreement, or awaiting a change in circumstances. There are several types of Plea Forms with Harvey Waiver that may be used in Phoenix, Arizona, depending on the specific circumstances of the case. These include: 1. Misdemeanor Plea Form with Harvey Waiver: Used for individuals charged with misdemeanor offenses, which are typically less serious crimes such as petty theft, disorderly conduct, or simple assault. 2. Felony Plea Form with Harvey Waiver: Applicable to individuals facing felony charges, which are more serious offenses like murder, robbery, or drug trafficking. 3. Traffic Offense Plea Form with Harvey Waiver: Utilized for defendants charged with traffic violations such as speeding, reckless driving, or driving under the influence (DUI). 4. Juvenile Plea Form with Harvey Waiver: Specifically designed for individuals who are minors and charged with criminal offenses, ensuring that their rights and interests are protected. It is crucial for defendants to thoroughly understand the implications of signing a Phoenix Arizona Plea Form with Harvey Waiver. They are advised to seek the guidance of an experienced attorney who can provide legal advice and explain the potential benefits and consequences associated with this decision. In conclusion, the Phoenix Arizona Plea Form with Harvey Waiver is an essential legal document that allows defendants charged with criminal offenses in Phoenix to voluntarily waive their right to a speedy trial. This form comes in various types, including misdemeanor, felony, traffic offense, and juvenile plea forms, each catering to specific situations. Legal counsel should be sought to fully comprehend the implications of signing this form and to make informed decisions about one's defense strategy.Phoenix Arizona Plea Form with Harvey Waiver is a legal document that is used in court proceedings in Phoenix, Arizona. This form is specifically designed to provide an individual who is charged with a criminal offense the opportunity to enter a plea agreement that includes a Harvey Waiver. A Harvey Waiver refers to a waiver of the defendant's constitutional right to a speedy trial, as established by the United States Supreme Court case Barker v. Wing (1972). This waiver allows the defendant to extend the length of time before their trial takes place, granting them and their attorney additional time to prepare their defense. By signing the Phoenix Arizona Plea Form with Harvey Waiver, the defendant acknowledges and agrees to waive their right to a speedy trial. This waiver is a strategic choice made by the defendant and their legal counsel, often in pursuit of a more favorable outcome such as gathering additional evidence, negotiating a better plea agreement, or awaiting a change in circumstances. There are several types of Plea Forms with Harvey Waiver that may be used in Phoenix, Arizona, depending on the specific circumstances of the case. These include: 1. Misdemeanor Plea Form with Harvey Waiver: Used for individuals charged with misdemeanor offenses, which are typically less serious crimes such as petty theft, disorderly conduct, or simple assault. 2. Felony Plea Form with Harvey Waiver: Applicable to individuals facing felony charges, which are more serious offenses like murder, robbery, or drug trafficking. 3. Traffic Offense Plea Form with Harvey Waiver: Utilized for defendants charged with traffic violations such as speeding, reckless driving, or driving under the influence (DUI). 4. Juvenile Plea Form with Harvey Waiver: Specifically designed for individuals who are minors and charged with criminal offenses, ensuring that their rights and interests are protected. It is crucial for defendants to thoroughly understand the implications of signing a Phoenix Arizona Plea Form with Harvey Waiver. They are advised to seek the guidance of an experienced attorney who can provide legal advice and explain the potential benefits and consequences associated with this decision. In conclusion, the Phoenix Arizona Plea Form with Harvey Waiver is an essential legal document that allows defendants charged with criminal offenses in Phoenix to voluntarily waive their right to a speedy trial. This form comes in various types, including misdemeanor, felony, traffic offense, and juvenile plea forms, each catering to specific situations. Legal counsel should be sought to fully comprehend the implications of signing this form and to make informed decisions about one's defense strategy.
