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.
Wake North Carolina Plea Form with Harvey Waiver is a legal document used in Wake County, North Carolina, when a defendant wishes to enter a plea concerning a criminal charge, while also acknowledging and waiving their rights under the Harvey rule. The Harvey rule refers to the precedent set in State v. Harvey, where the North Carolina Supreme Court held that a defendant has the right to request a jury instruction on the lesser-included offense that is supported by the evidence. This Plea Form with Harvey Waiver is used when the defendant, with the advice of their attorney, voluntarily and knowingly waives their right to the jury instruction on a lesser-included offense. By signing this form, the defendant acknowledges that they have been informed of their rights under the Harvey rule and that they have decided not to exercise them. This decision may be based on legal strategy, evidence, or other factors specific to the case. Different types of Wake North Carolina Plea Form with Harvey Waiver may include variations based on the specific criminal charges and circumstances of each case. Some possible variations could include: 1. Wake North Carolina Plea Form with Harvey Waiver for Felony Charges: This form would be used when the defendant is facing felony charges and wishes to enter a plea, along with waiving their rights under the Harvey rule. 2. Wake North Carolina Plea Form with Harvey Waiver for Misdemeanor Charges: This form is specific to misdemeanor charges, where the defendant voluntarily chooses to waive their rights under the Harvey rule while entering a plea. 3. Wake North Carolina Plea Form with Harvey Waiver for Specific Offenses: This form could be tailored to certain offenses such as assault, theft, drug-related charges, or any other crime for which the Harvey waiver is applicable. It is important to note that the specific content and structure of the Wake North Carolina Plea Form with Harvey Waiver may vary depending on the revisions made to the form by the North Carolina court system. It is crucial for defendants and their attorneys to consult the most up-to-date form provided by the court to ensure accuracy and compliance with the legal requirements for entering a plea and waiving rights under the Harvey rule.Wake North Carolina Plea Form with Harvey Waiver is a legal document used in Wake County, North Carolina, when a defendant wishes to enter a plea concerning a criminal charge, while also acknowledging and waiving their rights under the Harvey rule. The Harvey rule refers to the precedent set in State v. Harvey, where the North Carolina Supreme Court held that a defendant has the right to request a jury instruction on the lesser-included offense that is supported by the evidence. This Plea Form with Harvey Waiver is used when the defendant, with the advice of their attorney, voluntarily and knowingly waives their right to the jury instruction on a lesser-included offense. By signing this form, the defendant acknowledges that they have been informed of their rights under the Harvey rule and that they have decided not to exercise them. This decision may be based on legal strategy, evidence, or other factors specific to the case. Different types of Wake North Carolina Plea Form with Harvey Waiver may include variations based on the specific criminal charges and circumstances of each case. Some possible variations could include: 1. Wake North Carolina Plea Form with Harvey Waiver for Felony Charges: This form would be used when the defendant is facing felony charges and wishes to enter a plea, along with waiving their rights under the Harvey rule. 2. Wake North Carolina Plea Form with Harvey Waiver for Misdemeanor Charges: This form is specific to misdemeanor charges, where the defendant voluntarily chooses to waive their rights under the Harvey rule while entering a plea. 3. Wake North Carolina Plea Form with Harvey Waiver for Specific Offenses: This form could be tailored to certain offenses such as assault, theft, drug-related charges, or any other crime for which the Harvey waiver is applicable. It is important to note that the specific content and structure of the Wake North Carolina Plea Form with Harvey Waiver may vary depending on the revisions made to the form by the North Carolina court system. It is crucial for defendants and their attorneys to consult the most up-to-date form provided by the court to ensure accuracy and compliance with the legal requirements for entering a plea and waiving rights under the Harvey rule.
