Does a criminal defendant have the power to waive rights that exist for their own benefit?

California, United States of America

The following excerpt is from People v. Orozco, 103 Cal. Rptr. 3d 646, 180 Cal.App.4th 1279 (Cal. App. 2010):

(1) "Ordinarily, criminal defendants may waive rights that exist for their own benefit. `Permitting waiver ... is consistent with the solicitude shown by modern jurisprudence to the defendant's prerogative to waive the most crucial of rights.' [Citation.] `An accused may waive any rights in which the public does not have an interest and if waiver of the right is not against public

[180 Cal.App.4th 1284]

policy.'" (Cowan v. Superior Court (1996) 14 Cal.4th 367, 371 [58 Cal.Rptr.2d 458, 926 P.2d 438].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)

Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)

Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)

What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)

Does a criminal defendant who pleads guilty to a criminal charge waive three constitutional rights? (California, United States of America)

Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)

Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)

Does a criminal defendant who pleads guilty to a charge of sexual assault waive three constitutional rights? (California, United States of America)

Can a criminal defendant waive his right to counsel and represent himself at trial? (California, United States of America)

Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)

Does a criminal defendant have the power to waive rights that exist for their own benefit?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources