Can a criminal defendant refuse to cooperate with his attorney in order to avoid prosecution?

California, United States of America


The following excerpt is from People v. Powell, 115 Cal.Rptr. 109, 40 Cal.App.3d 107 (Cal. App. 1974):

'Although a criminal defendant may not be deprived of a speedy trial because the prosecution--or the defense--is lazy or indifferent, or because the prosecution seeks to harass the defendant rather than bring him fairly to justice, a criminal defendant may not juggle his constitutional rights in an attempt to evade prosecution. He may not demand a speedy trial and demand adequate representation, and, by the simple expedient of refusing to cooperate with his attorney, force a trial court to choose between the two demands, in the hope that a reviewing court will find that the trial court has made the wrong choice. 'We cannot tolerate such bad faith and we are not constitutionally required to do so. (Citations.)' (People v. Smyers, 261 Cal.App.2d 690, 700, 68 Cal.Rptr. 194, 201.)'

Other Questions


Can a criminal defendant refuse to cooperate with his attorney in an effort to avoid prosecution? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (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)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Can a defendant move to disqualify a prosecuting attorney or entire prosecuting agency? (California, United States of America)
Does Section 1385 of the California Criminal Code apply to a defendant in a case where there is evidence that the prosecution of defendants was inappropriate? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
Does section 41803 of the California Code of Civil Procedure require a city attorney to prosecute a criminal defendant? (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)
What is the test for ordering a criminal defendant to pay defense costs under section 987.8 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.