Does a defendant have a waiver of their right to counsel if they are asked to speak in a witness statement?
California, United States of America
The following excerpt is from People v. McKenzie, 194 Cal.Rptr. 462, 34 Cal.3d 616, 668 P.2d 769 (Cal. 1983):
7 Should the defendant remain silent when presented with this option, as defendant in the present case might have done had he been offered such a choice, the court may not consider this to be a waiver of the right to counsel but must instead assume the defendant desires the assistance of counsel. (Carnley v. Cochran (1961) 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70.)
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