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.
Oregon Plea Form with Harvey Waiver is a legal document commonly used in the state of Oregon. This form allows defendants to enter a guilty plea in a criminal case while also waiving their rights to a trial, as established in the landmark Supreme Court case of Harvey v. State of Oregon. The Harvey waiver component of this form is essential as it ensures that defendants fully understand their constitutional rights and the potential consequences of pleading guilty without the need for a trial. The Oregon Plea Form with Harvey Waiver is crucial in criminal cases as it provides a clear record of the defendant's voluntary and informed decision to plead guilty. By signing this form, defendants acknowledge that they have discussed the charges against them with their attorney, understand the elements of the offenses they are pleading guilty to, and are aware of their rights to present a defense at trial. Different types of Oregon Plea Forms with Harvey Waiver may include variations based on the specific criminal charges faced by the defendant. For example, there might be separate plea forms for offenses like drug possession, assault, theft, or DUI. Each form will outline the specific charges and consequences associated with the pleaded offense, ensuring that defendants are fully informed before making their decision. It is important to note that the Oregon Plea Form with Harvey Waiver does not require defendants to plead guilty. Instead, it serves as a tool to document their voluntary admissions of guilt and their understanding of the potential ramifications, allowing the legal system to proceed efficiently and expeditiously. In conclusion, the Oregon Plea Form with Harvey Waiver is a vital legal document used in criminal cases within Oregon. It ensures that defendants willingly and knowingly enter a guilty plea after understanding their rights under the Harvey v. State of Oregon decision. Different types of plea forms may exist depending on the specific charges faced by the defendant, creating a comprehensive record of their informed decision.
