Massachusetts Plea Form with Harvey Waiver

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State:
Multi-State
Control #:
US-02058BG
Format:
Word; 
Rich Text
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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

Filing the Complaint. To begin a lawsuit, the original copy of the complaint is filed in the clerk's office of the court where you can file your case. The clerk does not have to accept complaints that do not comply with court rules.

In Massachusetts, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.

The SJC sits at the John Adams Courthouse, One Pemberton Square, Boston, Massachusetts 02108, which also houses the Massachusetts Appeals Court and the Social Law Library. The legal citation for the Massachusetts Supreme Judicial Court is "Mass."

The Superior Court is a trial court of general jurisdiction for Massachusetts, and is committed to delivering high-quality justice with dignity and speed. The court's 82 justices sit in 20 courthouses in all 14 state counties.

The District Court handles misdemeanors where the maximum sentence is 2 ½ years in the House of Corrections. The Superior Court has authority over all crimes and most often handles major felony cases.

The Massachusetts Court System consists of the Supreme Judicial Court (SJC), the Appeals Court, the Executive Office of the Trial Court, the 7 Trial Court departments, the Massachusetts Probation Service (MPS), and the Office of Jury Commissioner (OJC).

The process for taking appellate review of the specified ruling or rulings is governed by the Massachusetts Rules of Appellate Procedure, provided that the notice of appeal is filed within thirty days of the acceptance of the plea.

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Massachusetts Plea Form with Harvey Waiver