Can a defendant waiver his right to appear and defend in person and with counsel?

California, United States of America


The following excerpt is from People v. McGhee, 193 Cal.App.3d 1333, 239 Cal.Rptr. 28 (Cal. App. 1987):

The facts in this case are much different than in the above cases. However they do indicate that under certain circumstances a waiver of these rights can occur. As was stated in People v. Wilson (1963) 60 Cal.2d 139, 32 Cal.Rptr. 44, 383 P.2d 452, "[I]n considering the legal consequences of a denial of a speedy trial it should be kept in mind that we are dealing not with a favored right such as the right to 'appear and defend, in person and with counsel' [citations] but with a privilege personal to the defendant which will be deemed to be waived if not asserted by him in a timely fashion." (Id., at 148, 32 Cal.Rptr. 44, 383 P.2d 452.)

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