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.
Arkansas Plea Form with Harvey Waiver is a legal document used in the state of Arkansas in criminal cases. This form is specifically designed for defendants who wish to enter a guilty plea to a criminal charge while also waiving their rights to a trial by jury. The Harvey Waiver refers to a type of plea agreement named after the landmark Arkansas Supreme Court case, Harvey v. State. By using the Arkansas Plea Form with Harvey Waiver, defendants acknowledge their understanding of the charges against them and voluntarily agree to plead guilty. This form includes a detailed explanation of the rights being waived, such as the right to a trial by jury, the right to confront witnesses, and the right against self-incrimination. The Arkansas Plea Form with Harvey Waiver ensures that defendants are fully aware of the consequences of their guilty plea. It is essential that defendants consult with their attorney before signing this form to ensure they understand the implications and potential sentencing outcomes. There are different variations of Arkansas Plea Forms with Harvey Waiver based on the type of criminal charge. The most common types include: 1. Felony Plea Form with Harvey Waiver: Used for serious criminal offenses, such as murder, burglary, or drug trafficking. 2. Misdemeanor Plea Form with Harvey Waiver: Used for less severe offenses, such as petty theft, disorderly conduct, or simple assault. 3. Traffic Offense Plea Form with Harvey Waiver: Used for traffic-related violations, including speeding, driving under the influence (DUI), or reckless driving. 4. Juvenile Plea Form with Harvey Waiver: Used for cases involving minors who are charged with criminal offenses. It is important to note that the specific requirements and procedures regarding Arkansas Plea Forms may vary depending on the jurisdiction and specific court rules. It is recommended that defendants seek guidance from their attorney or consult the official resources provided by the Arkansas courts for accurate and up-to-date information on plea proceedings and the use of the Harvey Waiver in their specific case.
