Does a defendant who has pleaded guilty to a charge of false imprisonment have a Fifth Amendment privilege against self-incrimination?
California, United States of America
The following excerpt is from People v. Fonseca, 36 Cal.App.4th 631, 42 Cal.Rptr.2d 525 (Cal. App. 1995):
In People v. Kizzee (1979) 94 Cal.App.3d 927, 156 Cal.Rptr. 784, the dispositive issue was whether an accused awaiting sentencing retained his Fifth Amendment privilege. The appellate court held at p. 938, 156 Cal.Rptr. 784 that "an accused does not lose his privilege against self-incrimination until he has been sentenced."
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