Pennsylvania Plea Form with Harvey Waiver

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Multi-State
Control #:
US-02058BG
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Word; 
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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

What Does It Mean To ?Waive? My Preliminary Hearing? Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.

If I fail to appear without cause at any proceeding for which my presence is required, including trial, my absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my absence. (Pa. Rule of Criminal Procedure 571).

If the court administrator's receives a completed waiver of arraignment form before the scheduled arraignment date, the defendant and attorney do not have to appear for an arraignment. Waiver of arraignment forms are available by calling the court administrator's office.

Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.

The next step is called the formal arraignment, which is done at the courthouse usually a month or two after the preliminary hearing. The defendant is given a copy of the information sheet and advised of his/her rights. Although called a "formal" arraignment, the procedure is informal.

Understand that failure to appear without cause at any proceeding for which my presence is required, including trial,that my absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in my absence. I hereby waive my Court Arraignment and enter a plea of .

What is a ?Harvey waiver? under California law? A ?Harvey waiver? is when a defendant stipulates, or agrees, that any dismissed charges can be considered against him during the sentencing phase of a criminal case. The waiver is typically used for purposes of victim restitution.

Your preliminary arraignment should take place within 72 hours after your arrest. In general, you will be arrested, booked into jail, and then must wait to be released from jail until after your arraignment.

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Pennsylvania Plea Form with Harvey Waiver