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.
Salt Lake Utah Plea Form with Harvey Waiver is a legal document used in the court system in Salt Lake City, Utah. This form is specifically designed for individuals who are charged with a criminal offense and wish to enter a plea while also waiving their rights under the Harvey v. Utah case. The Harvey v. Utah case is a landmark United States Supreme Court decision that established the defendant's constitutional right to be present and confront witnesses during the trial. However, individuals facing criminal charges in Salt Lake City have the option to voluntarily waive these rights, which can expedite the legal process. There are several variations of the Salt Lake Utah Plea Form with Harvey Waiver, depending on the specific circumstances and charges. It's essential to use the correct form that aligns with the particular case at hand. Some common types may include: 1. Misdemeanor Plea Form with Harvey Waiver: This form is used for individuals facing misdemeanor charges in Salt Lake City. It allows them to enter a plea and waive their rights under Harvey v. Utah, thereby speeding up the court proceedings. 2. Felony Plea Form with Harvey Waiver: This specific form is used when someone is charged with a felony offense. It enables the defendant to plead guilty or not guilty while voluntarily waiving their rights under the Harvey decision. 3. Juvenile Plea Form with Harvey Waiver: When a minor is facing criminal charges in Salt Lake City, a different set of rules and forms apply. The Juvenile Plea Form with Harvey Waiver is used to ensure the minor understands the charges, consequences, and voluntarily waives their rights during the legal process. 4. Drug Offense Plea Form with Harvey Waiver: In cases specifically related to drug offenses, this form is used. It allows the defendant to enter a plea concerning drug-related charges while waiving their rights under Harvey v. Utah. When completing a Salt Lake Utah Plea Form with Harvey Waiver, it's crucial to provide accurate and detailed information about the defendant, the charges, and the plea being entered. It's recommended to seek legal advice or representation to ensure the correct form is used and all legal rights are protected during this process.Salt Lake Utah Plea Form with Harvey Waiver is a legal document used in the court system in Salt Lake City, Utah. This form is specifically designed for individuals who are charged with a criminal offense and wish to enter a plea while also waiving their rights under the Harvey v. Utah case. The Harvey v. Utah case is a landmark United States Supreme Court decision that established the defendant's constitutional right to be present and confront witnesses during the trial. However, individuals facing criminal charges in Salt Lake City have the option to voluntarily waive these rights, which can expedite the legal process. There are several variations of the Salt Lake Utah Plea Form with Harvey Waiver, depending on the specific circumstances and charges. It's essential to use the correct form that aligns with the particular case at hand. Some common types may include: 1. Misdemeanor Plea Form with Harvey Waiver: This form is used for individuals facing misdemeanor charges in Salt Lake City. It allows them to enter a plea and waive their rights under Harvey v. Utah, thereby speeding up the court proceedings. 2. Felony Plea Form with Harvey Waiver: This specific form is used when someone is charged with a felony offense. It enables the defendant to plead guilty or not guilty while voluntarily waiving their rights under the Harvey decision. 3. Juvenile Plea Form with Harvey Waiver: When a minor is facing criminal charges in Salt Lake City, a different set of rules and forms apply. The Juvenile Plea Form with Harvey Waiver is used to ensure the minor understands the charges, consequences, and voluntarily waives their rights during the legal process. 4. Drug Offense Plea Form with Harvey Waiver: In cases specifically related to drug offenses, this form is used. It allows the defendant to enter a plea concerning drug-related charges while waiving their rights under Harvey v. Utah. When completing a Salt Lake Utah Plea Form with Harvey Waiver, it's crucial to provide accurate and detailed information about the defendant, the charges, and the plea being entered. It's recommended to seek legal advice or representation to ensure the correct form is used and all legal rights are protected during this process.