Iowa Plea Form with Harvey Waiver

Category:
State:
Multi-State
Control #:
US-02058BG
Format:
Word; 
Rich Text
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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  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver
  • Preview Plea Form with Harvey Waiver

How to fill out Plea Form With Harvey Waiver?

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FAQ

When you enter an Alford plea, however, the judge will sentence you as if you did in fact plead guilty. For this reason, an Alford plea is a conviction under Canadian law.

If a defendant challenges a guilty plea based on an alleged defect in the plea proceedings, the plea shall not be vacated unless the defendant demonstrates that the defendant more likely than not would not have pled guilty if the defect had not occurred.

A ?no contest? plea states that the individual is neither admitting to a crime nor not admitting to a crime. A no contest plea, is not technically a guilty plea, but it has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain.

An Alford plea is a guilty plea where the defendant gives up every trial right except for the right to be free from self-incrimination.

Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.

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Iowa Plea Form with Harvey Waiver