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Michigan
Plea Form with Harvey Waiver

Michigan Plea Form with Harvey Waiver

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

A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.

The Rule 11 plea agreement, which is a written deal entered into between the defendant and the government, will detail completely each term of the agreement entered into between the defendant and the government. The deal must be reviewed and approved by the U.S District Court judge presiding over the case.

Rule 11(c)(1)(C), if applicable, limits the sentencing judge's discretion at sentencing, by ?[allowing] the defendant and the prosecutor to agree that a specific sentence is appropriate? and presentment of the joint proposal of the defendant and federal prosecutor.

A plea bargain that appears to mock the essence of justice might be denied. For instance, if the prosecution offers community service for an offense as egregious as sexual assault, then the judge may reject such a deal on grounds that it does not serve the best interest of justice and the community.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

Norris, 281 U.S. 619 (1930). Under Federal Rule of Criminal Procedure 11, a plea of nolo contendere shall be accepted by the court only with its consent and only after it gives due consideration to the views of the parties and the interest of the public in the effective administration of justice.

Remember, if you plead guilty, you may have forfeited your right to appeal the conviction. However, you may be able to withdraw your guilty plea under certain circumstances. Even if you plead guilty, you can still appeal your sentence.

A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).

Connecticut 8.162 Bank Robbery (18 U.S.C. Sec. 2113(a), (d))

Delaware 8.162 Bank Robbery (18 U.S.C. Sec. 2113(a), (d))

District of Columbia 8.162 Bank Robbery (18 U.S.C. Sec. 2113(a), (d))

Florida 8.162 Bank Robbery (18 U.S.C. Sec. 2113(a), (d))

Hawaii 8.162 Bank Robbery (18 U.S.C. Sec. 2113(a), (d))

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