What is the burden of establishing that a juvenile waived his Miranda rights during a custodial interrogation?

"[T]he question whether the accused waived his rights 'is not one of form, but rather whether the defendant in fact knowingly and voluntarily waived the rights delineated in the Miranda case.' Thus, the determination whether statements obtained during custodial interrogation are admissible against the accused is to be made upon an inquiry into the totality of the circumstances surrounding the interrogation, to ascertain whether the accused in fact knowingly and voluntarily decided to forgo his rights to remain silent and to have the assistance of counsel. [Citation.] [] This totality-of-the-circumstances approach is adequate to determine whether there has been a waiver even where interrogation of juveniles is involved. We discern no persuasive reasons why any other approach is required where the question is whether a juvenile has waived his rights, as opposed to whether an adult has done so. The totality approach permitsindeed, it mandatesinquiry into all the circumstances surrounding the interrogation. This includes evaluation of the juvenile's age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights." (Fare v. Michael C. (1979) 442 U.S. 707, 724-725.)

The prosecution has the burden of establishing a knowing, intelligent, and voluntary waiver of rights by a preponderance of the evidence. (People v. Nelson (2012) 53 Cal.4th 367, 374-375.) On appeal, " '[w]e must accept the trial court's resolution of disputed facts and inferences, and its evaluations of credibility, if they are substantially

Page 7