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 North Carolina Plea Form with Harvey Waiver is a legal document commonly used in the state of North Carolina to formalize a defendant's plea agreement in criminal cases. The form is named after the case State v. Harvey, which established certain requirements for guilty pleas in the state. This plea form is designed to ensure that defendants fully understand their rights and the consequences of their plea. It is used to record the defendant's plea of guilty or no contest, indicating their willingness to accept the charges against them. By signing the form, the defendant acknowledges that they are waiving certain rights, including the right to a trial and the right to remain silent. The North Carolina Plea Form with Harvey Waiver typically includes the following important components: 1. Defendant's Information: This section includes the name, address, and contact details of the defendant. 2. Case Information: This section includes details about the case, such as the court name, case number, and the name of the prosecuting attorney. 3. Charge(s) Information: This section outlines the specific crime(s) the defendant is charged with, including the statute or law violated. 4. Plea Selection: Here, the defendant will indicate their plea, whether it is guilty or no contest. This section also includes a statement confirming that the defendant understands the nature of the charges against them. 5. Rights Waiver: This section contains a comprehensive list of rights that the defendant is waiving by entering the plea agreement, such as the right to a jury trial, the right to confront witnesses, and the right against self-incrimination. 6. Understanding of Consequences: The defendant must acknowledge that they understand the consequences of their plea, including potential penalties, fines, and possible permanent criminal record. 7. Counsel and Advice: Here, the defendant indicates whether they have consulted with an attorney, are satisfied with their legal representation, and whether they have received appropriate advice regarding the plea agreement. It is important to note that the North Carolina Plea Form with Harvey Waiver may have different variations or versions depending on the specific court and jurisdiction. However, the essential elements and purpose remain the same — to ensure an informed and voluntary plea by the defendant while waiving certain rights. Overall, the North Carolina Plea Form with Harvey Waiver serves as a vital tool in the criminal justice system, ensuring that defendants are fully aware of the consequences of their actions and their rights before entering into a plea agreement. It provides a standardized framework for the defendant to acknowledge their guilt or responsibility and proceed with the legal process accordingly.
