District of Columbia Plea Form with Harvey Waiver

Q: Which of the following is a valid reason for a judge to withdraw a plea agreement?

California Law &quot;Good Cause&quot; means a legal reason or excuse to show why a request should be granted. Good cause to withdraw a plea is shown when a defendant at the time of the plea was operating under a mistake, ignorance, duress, fraud, or any other factor overcoming the exercise of his or her free judgment.

Category:

Criminal - Pleas

State:

Multi-State

Control #:

US-02058BG

Format:

Instant download

Description

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.

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How to fill out Plea Form With Harvey Waiver?

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FAQ

If you have been charged with an offence, you will have to enter your plea in court at the beginning of your trial. To enter a plea means to tell the court whether you are guilty or not guilty of the offence you have been charged with.

If your guilty plea is accepted, the judge finds you guilty. At a sentencing hearing, a sentence will be suggested by your lawyer and the Crown. The judge, however, can give you a different sentence from the one suggested. The sentence may, for example, be stricter.

California Law "Good Cause" means a legal reason or excuse to show why a request should be granted. Good cause to withdraw a plea is shown when a defendant at the time of the plea was operating under a mistake, ignorance, duress, fraud, or any other factor overcoming the exercise of his or her free judgment.

When a person accepts a plea bargain, they are pleading guilty to a charge. They give up the right to plead no contest, or not guilty. The charge will go on their criminal record as being found guilty and they will be responsible to complete any penalty assigned.

The Alford plea is not an express admission of guilt by a defendant. It serves as a consent by the defendant that he may be punished as if he were guilty and a prayer for leniency.

Pleading guilty means that you admit you did the crime. If you plead guilty, the court will decide what should happen next, which could be a fine or a prison sentence.

A guilty plea will be considered a conviction and recorded as such on your criminal or driving record. You may be subject to a State surcharge. Before entering your plea of guilty, you should understand that a plea of guilty may be used against you in a civil suit.

District of Columbia Plea Form with Harvey Waiver

Description

Related forms

Viewed forms

How to fill out Plea Form With Harvey Waiver?

Form popularity

FAQ

What does to take a plea mean in court?

What happens if you plead guilty in Canada?

Which of the following is a valid reason for a judge to withdraw a plea agreement?

What does it mean to be convicted by plea?

Which type of plea is not an express admission of guilt by a defendant?

What does it mean to be convicted of a plea of guilty?

Is plea the same as conviction?

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District of Columbia Plea Form with Harvey Waiver

Description

Related forms

Viewed forms

How to fill out Plea Form With Harvey Waiver?

Form popularity

FAQ

What does to take a plea mean in court?

What happens if you plead guilty in Canada?

Which of the following is a valid reason for a judge to withdraw a plea agreement?

What does it mean to be convicted by plea?

Which type of plea is not an express admission of guilt by a defendant?

What does it mean to be convicted of a plea of guilty?

Is plea the same as conviction?

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