Does a criminal defendant have the power to waive rights that exist for their own benefit?

California, United States of America

The following excerpt is from People v. Orozco, 103 Cal. Rptr. 3d 646, 180 Cal.App.4th 1279 (Cal. App. 2010):

(1) "Ordinarily, criminal defendants may waive rights that exist for their own benefit. `Permitting waiver ... is consistent with the solicitude shown by modern jurisprudence to the defendant's prerogative to waive the most crucial of rights.' [Citation.] `An accused may waive any rights in which the public does not have an interest and if waiver of the right is not against public

[180 Cal.App.4th 1284]

policy.'" (Cowan v. Superior Court (1996) 14 Cal.4th 367, 371 [58 Cal.Rptr.2d 458, 926 P.2d 438].)

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