Maryland 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
  • Preview Plea Form with Harvey Waiver

How to fill out Plea Form With Harvey Waiver?

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FAQ

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Filing a motion will automatically trigger the setting of a 14-day deadline for filing a response. See Local Rule 105.2. a and Fed.

Some instances, an entire case, a. document, or information in a document is considered restricted information by law and cannot be viewed by the public. You must use the restricted information form to tell the court that there is a court document or information in a court document that is restricted by law.

If the court determined you are ineligible You have 10 days to either pay the fee or ask for a hearing to show more information to a judge. If you ask for a hearing, the judge can decide to grant you a full waiver, a partial waiver, or extra time to pay, or they may deny your request again.

(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.

A Motion to Vacate is a written request, filed with the Clerk's office, asking the court to undo the order of default and allow you to defend the case. In the motion, you must show the judge a good reason to allow your request and vacate the default. You must tell the judge why you did not file your response in time.

Motion to Compel Discovery The memorandum in support of the motion must set forth, as to each response to which the motion is directed, the discovery request, the response thereto, and the asserted basis for the insufficiency of the response.

Plea Hearing - If a plea has not been entered and accepted by the court by the pre-trial hearing date, a plea hearing date is set within 45 days after the pre-trial hearing date. Trial If the defendant does not accept the plea offer, the case will proceed to trial approximately 45 days from the plea hearing date.

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Maryland Plea Form with Harvey Waiver