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 Dakota Plea Form with Harvey Waiver is an important legal document used in criminal proceedings in the state of North Dakota. This form allows defendants to enter a guilty plea while simultaneously waiving their rights under the Harvey rule. The Harvey rule, named after a North Dakota Supreme Court case, refers to the legal requirement for judges to inform defendants of the maximum sentence they could face before accepting a guilty plea. The North Dakota Plea Form with Harvey Waiver contains various sections that need to be accurately filled out by the defendant and their attorney. It begins with general information such as the defendant's name, case number, and the court in which the plea is being entered. The form then outlines the specific charges against the defendant and gives them the opportunity to indicate their plea (guilty, not guilty, or solo contender). Next, the North Dakota Plea Form with Harvey Waiver contains a section that explains the rights being waived by the defendant by entering a guilty plea with the Harvey waiver. This includes the right to a trial, the right to confront witnesses, the right against self-incrimination, and the right to appeal. By signing the form, the defendant acknowledges that they understand the consequences of waiving these rights. It is important to note that there might be different types of North Dakota Plea Forms with Harvey Waiver depending on the specific criminal charge and the court handling the case. Some examples may include Plea Forms for DUI offenses, drug-related offenses, assault charges, burglary cases, or any other criminal offense in North Dakota. In conclusion, the North Dakota Plea Form with Harvey Waiver is a critical legal document used in criminal cases within the state. It allows defendants to plead guilty while giving up certain rights protected by the Harvey rule. Different types of Plea Forms with Harvey Waiver may exist depending on the nature of the criminal charge. It is crucial for defendants and their attorneys to fill out this form accurately and thoroughly to ensure due process and protection of their rights.
