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.
The Mississippi Plea Form with Harvey Waiver is a legal document used in the state of Mississippi in criminal cases where the defendant wishes to enter a guilty plea. This form includes specific language related to the Harvey Waiver, which provides a mechanism for defendants to waive their right to have the State prove its case beyond a reasonable doubt. The purpose of the Mississippi Plea Form with Harvey Waiver is to ensure that defendants fully understand the implications of their guilty plea and the rights they are waiving. This form serves as a record of the defendant's informed decision to enter a guilty plea and waive certain constitutional rights. By signing the Mississippi Plea Form with Harvey Waiver, the defendant acknowledges that they are voluntarily and knowingly waiving their right to require the State to prove their guilt beyond a reasonable doubt. This waiver also covers their constitutional rights to confront witnesses, present a defense, and remain silent. There are different types of Mississippi Plea Forms with Harvey Waiver that may vary depending on the specific circumstances of the case, such as whether the defendant is represented by an attorney or if the plea is part of a negotiated agreement with the prosecution. The form may also differ based on the severity of the offense or the jurisdiction within Mississippi. It is crucial for defendants to review the Mississippi Plea Form with Harvey Waiver carefully, seek legal counsel if necessary, and fully comprehend the consequences of signing. Once signed, this form becomes a binding legal document that may impact the outcome of the case. Keywords: Mississippi Plea Form, Harvey Waiver, criminal cases, guilty plea, waiver of rights, constitutional rights, voluntary, knowing, reasonable doubt, confront witnesses, present a defense, remain silent, attorney representation, negotiated agreement, severity of offense, legal document.
