Nebraska Plea Form with Harvey Waiver

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State:
Multi-State
Control #:
US-02058BG
Format:
Word; 
Rich Text
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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

How to fill out Plea Form With Harvey Waiver?

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FAQ

Defendant may file a written waiver of arraignment, indicating he understands the charges, penalties and rights and asks the court to enter a not guilty plea on his behalf. Then no hearing will be held.

The judge enters a default judgment in favor of the plaintiff in cases where the defendant receives a copy of the plaintiff´s claim form but fails to show up in court at the time set for trial.

For judgments and written contracts, there is a five-year statute of limitations. The following chart lists additional time limits for various civil actions in Nebraska.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

(1) The county courts and district courts may accept a written waiver of preliminary hearing and a written waiver of arraignment and plea of not guilty from any defendant. The written waivers shall only be accepted if the defendant is represented by counsel.

Plea in abatement is proper where there is defect in record shown by extrinsic facts. In case stated, plea is not good.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.

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Nebraska Plea Form with Harvey Waiver