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.
Santa Clara California Plea Form with Harvey Waiver is a legal document used in the court system of Santa Clara County, California. It is specifically designed to ensure that individuals who are entering a plea to a criminal charge fully understand the implications and consequences of their decision. The form includes a Harvey Waiver, which refers to the defendant's acknowledgement that they have been informed about the potential risks and disadvantages of pleading guilty or no contest. By signing this waiver, the defendant agrees to proceed with their plea voluntarily and knowingly. The Santa Clara California Plea Form with Harvey Waiver is an essential part of the judicial process as it serves to protect the rights of the accused and promote fairness in court proceedings. It helps defendants make informed decisions about their cases and prevents situations where pleas are entered under duress or without a thorough understanding of the implications. There are different types of Santa Clara California Plea Forms with Harvey Waiver that may vary based on the specific criminal charge and circumstances. Some common types include: 1. Felony Plea Form with Harvey Waiver: Used when a defendant is charged with a felony offense, which is a serious crime typically carrying a potential prison sentence. 2. Misdemeanor Plea Form with Harvey Waiver: Used when a defendant is accused of a lesser offense, usually punishable by fines, probation, or a short jail term. 3. Traffic Violation Plea Form with Harvey Waiver: Used for minor traffic offenses, such as speeding tickets or running a red light. Each form will have tailored language to account for the unique circumstances and legal elements associated with the respective charges. It is crucial for defendants in Santa Clara County, California to consult with an attorney before completing the Santa Clara California Plea Form with Harvey Waiver. An attorney can provide guidance, explain the potential consequences of different pleas, and help defendants determine the best course of action based on their circumstances.Santa Clara California Plea Form with Harvey Waiver is a legal document used in the court system of Santa Clara County, California. It is specifically designed to ensure that individuals who are entering a plea to a criminal charge fully understand the implications and consequences of their decision. The form includes a Harvey Waiver, which refers to the defendant's acknowledgement that they have been informed about the potential risks and disadvantages of pleading guilty or no contest. By signing this waiver, the defendant agrees to proceed with their plea voluntarily and knowingly. The Santa Clara California Plea Form with Harvey Waiver is an essential part of the judicial process as it serves to protect the rights of the accused and promote fairness in court proceedings. It helps defendants make informed decisions about their cases and prevents situations where pleas are entered under duress or without a thorough understanding of the implications. There are different types of Santa Clara California Plea Forms with Harvey Waiver that may vary based on the specific criminal charge and circumstances. Some common types include: 1. Felony Plea Form with Harvey Waiver: Used when a defendant is charged with a felony offense, which is a serious crime typically carrying a potential prison sentence. 2. Misdemeanor Plea Form with Harvey Waiver: Used when a defendant is accused of a lesser offense, usually punishable by fines, probation, or a short jail term. 3. Traffic Violation Plea Form with Harvey Waiver: Used for minor traffic offenses, such as speeding tickets or running a red light. Each form will have tailored language to account for the unique circumstances and legal elements associated with the respective charges. It is crucial for defendants in Santa Clara County, California to consult with an attorney before completing the Santa Clara California Plea Form with Harvey Waiver. An attorney can provide guidance, explain the potential consequences of different pleas, and help defendants determine the best course of action based on their circumstances.
