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.
San Diego California Plea Form with Harvey Waiver is a legal document used in the San Diego County court system that allows defendants to enter a plea and waive certain rights granted by the Harvey Waiver. A plea form is a standard legal document used during the criminal justice process, specifically during arraignment, where the defendant is provided with various options to respond to the charges leveled against them. The San Diego California Plea Form includes specific provisions related to the Harvey Waiver. The Harvey Waiver, named after the landmark California Supreme Court case People v. Harvey, refers to the defendant's voluntary decision to waive his or her right to a speedy trial within statutory time limits as defined by California law. By signing the San Diego California Plea Form with Harvey Waiver, the defendant acknowledges and agrees to give up this right. The San Diego California Plea Form with Harvey Waiver may have different variations depending on the nature of the charges and specific circumstances of each case. Some common types of plea forms include: 1. Misdemeanor Plea Form with Harvey Waiver: This type of form is typically used in cases involving misdemeanor offenses, which are less serious crimes compared to felonies. The form provides defendants the opportunity to choose between guilty, not guilty, or no contest pleas and whether to waive their rights under the Harvey ruling. 2. Felony Plea Form with Harvey Waiver: This plea form is used in more severe cases involving felony charges, which carry harsher penalties. It offers defendants the same options as the misdemeanor plea form but tailored specifically for felony offenses. 3. Drug Offense Plea Form with Harvey Waiver: This specialized variation applies to cases related to drug offenses, such as possession or distribution. It may include additional provisions related to mandatory drug programs or rehabilitation. 4. Juvenile Plea Form with Harvey Waiver: In cases involving minors, a specific plea form is utilized to address the unique legal considerations related to juvenile offenders. It may include additional sections outlining parental involvement or supervision. Regardless of the specific type of San Diego California Plea Form with Harvey Waiver, it is crucial for defendants to carefully review and understand the document's contents before signing. It is advisable to consult with an attorney to ensure a full understanding of the rights being waived and the potential consequences of the plea entered.San Diego California Plea Form with Harvey Waiver is a legal document used in the San Diego County court system that allows defendants to enter a plea and waive certain rights granted by the Harvey Waiver. A plea form is a standard legal document used during the criminal justice process, specifically during arraignment, where the defendant is provided with various options to respond to the charges leveled against them. The San Diego California Plea Form includes specific provisions related to the Harvey Waiver. The Harvey Waiver, named after the landmark California Supreme Court case People v. Harvey, refers to the defendant's voluntary decision to waive his or her right to a speedy trial within statutory time limits as defined by California law. By signing the San Diego California Plea Form with Harvey Waiver, the defendant acknowledges and agrees to give up this right. The San Diego California Plea Form with Harvey Waiver may have different variations depending on the nature of the charges and specific circumstances of each case. Some common types of plea forms include: 1. Misdemeanor Plea Form with Harvey Waiver: This type of form is typically used in cases involving misdemeanor offenses, which are less serious crimes compared to felonies. The form provides defendants the opportunity to choose between guilty, not guilty, or no contest pleas and whether to waive their rights under the Harvey ruling. 2. Felony Plea Form with Harvey Waiver: This plea form is used in more severe cases involving felony charges, which carry harsher penalties. It offers defendants the same options as the misdemeanor plea form but tailored specifically for felony offenses. 3. Drug Offense Plea Form with Harvey Waiver: This specialized variation applies to cases related to drug offenses, such as possession or distribution. It may include additional provisions related to mandatory drug programs or rehabilitation. 4. Juvenile Plea Form with Harvey Waiver: In cases involving minors, a specific plea form is utilized to address the unique legal considerations related to juvenile offenders. It may include additional sections outlining parental involvement or supervision. Regardless of the specific type of San Diego California Plea Form with Harvey Waiver, it is crucial for defendants to carefully review and understand the document's contents before signing. It is advisable to consult with an attorney to ensure a full understanding of the rights being waived and the potential consequences of the plea entered.
