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.
Riverside California Plea Form with Harvey Waiver is a legal document used in the Riverside County court system, specifically pertaining to the acceptance of plea agreements and the potential waiver of certain rights by the defendant. This form is an essential part of the judicial process in Riverside County, California. The Riverside California Plea Form with Harvey Waiver is named after the California Supreme Court case, People v. Harvey, which established specific guidelines for plea agreements and the associated waivers of constitutional rights. It ensures that defendants fully understand the consequences and implications of accepting a plea deal. This form outlines the details of the plea agreement reached between the prosecution and the defendant, including the specific charges, recommended sentence, and any additional terms or conditions. It is crucial for both parties to carefully review and complete this form accurately and comprehensively. The form typically includes sections regarding the defendant's personal identifying information, such as name, address, and contact details. Additionally, it incorporates a detailed description of the charges the defendant is facing and requires their acknowledgment and acceptance of the plea agreement. It also provides an opportunity for the defendant to indicate whether they have received competent legal counsel and fully understand the rights they may be waiving. Different types or variations of the Riverside California Plea Form with Harvey Waiver may exist based on individual case circumstances or specific court requirements. These variations could include modifications to the language used, additional sections to address unique aspects of the case, or a format specific to certain court divisions or procedures. However, the essential elements related to plea agreements and the Harvey waiver would remain consistent across these different versions. In conclusion, the Riverside California Plea Form with Harvey Waiver is a crucial legal document used in the Riverside County court system. It ensures that defendants understand their plea agreements, the charges they are facing, and the rights they may be waiving. By providing a structured format for documenting plea agreements, this form helps maintain procedural fairness and transparency in the legal process.
