New Jersey Plea Form with Harvey Waiver

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

Simply put, a plea hearing is the court hearing where a defendant responds to the criminal charges against them. The response must be one of the following: a plea of guilty, not guilty, or "nolo contendere" (no contest).

When a person is charged with a crime, they must answer to that charge in court during an arraignment. This formal answer is called a plea. A defendant can either admit to the charges by pleading guilty or deny the charges by pleading not guilty.

Plea bargaining in New Jersey Only the prosecutor, defendant, and defense attorney participate in the plea negotiations?the judge is not involved. Plea negotiations may be formal or informal, and they may not even take place in the courtroom.

A plea hearing is what happens prior to a trial in an effort to find a resolution without having to go through a trial. A plea bargain is a negotiation between the criminal defense attorney and the prosecutor to determine the terms of the given plea.

In a plea bargain, a defendant agrees to plead guilty to some or all charges in exchange for concessions from the prosecutor, such as a lesser sentence or reduced charges.

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New Jersey Plea Form with Harvey Waiver