Can a defendant waive his right to self-incrimination at a hearing?

California, United States of America


The following excerpt is from People v. Cardenas, F070211 (Cal. App. 2017):

effective counsel, as guaranteed by the Sixth Amendment, may require the defendant to waive the right against self-incrimination, as guaranteed by the Fifth Amendment. The need for use immunity in the context of a Marsden hearing is of course especially acute because at a Marsden hearing a defendant is acting, in many material respects, on his or her own and without the benefit of counsel. Thus ... statements made in a Marsden hearing are subject to use immunity .... [Citation.]" (People v. Knight, supra, 239 Cal.App.4th at p. 8.)

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