What are the requirements for a defendant to be advised of their right to remain silent in the context of a criminal conviction?

California, United States of America


The following excerpt is from People v. Lloyd, 186 Cal.Rptr.3d 245, 236 Cal.App.4th 49 (Cal. App. 2015):

must be advised of (1) specific constitutional protections waived by an admission of the truth of an allegation of prior felony convictions, and (2) those penalties and other sanctions imposed as a consequence of a finding of the truth of the allegation. (Id. at p. 860, 112 Cal.Rptr. 513, 519 P.2d 561.) Proper advisement and waivers of these rights in the record establish a defendant's voluntary and intelligent admission of the prior conviction. [Citations.] (People v. Mosby (2004) 33 Cal.4th 353, 356, 15 Cal.Rptr.3d 262, 92 P.3d 841.)

Those cases in which a defendant was not expressly advised of his or her trial rights (right to trial, confrontation, and right to remain silent) generally fall into two categories: those cases where the record is completely silent as to an advisement of rights; and those where the Boykin Tahl advisements are incomplete. (See People v. Mosby, supra, 33 Cal.4th at pp. 361364, 15 Cal.Rptr.3d 262, 92 P.3d 841.) The

[236 Cal.App.4th 58]

Other Questions


When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
What are the consequences of a defendant not being advised of their right to confrontation, confrontation and right to remain silent? (California, United States of America)
Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (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)
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 defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does section 654 of the California Criminal Code require a concurrent or concurrent sentence for a defendant convicted of a series of crimes committed at the same time under different criminal objectives? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.