Does a defendant have a post-arraignment right to remain silent?

California, United States of America


The following excerpt is from People v. Mackey, C073310 (Cal. App. 2015):

5. Trial courts advise defendants of the constitutional right to remain silent and the right to counsel at arraignment, thus reinforcing the admonitions given as part of a Miranda warning and the silence inducing effects of such warnings. However, defendant did not object in the trial court on the ground that the prosecutor's argument commented on post-arraignment silence and he does not make that argument on appeal. As noted, ante, defense counsel summarized the objection he made during trial to include "post-arrest silence . . . when he was arrested, not coming forward and informing the officers of his version of the story." Any claim related to post-arraignment silence is forfeited. (See Tate, supra, 49 Cal.4th at pp. 691-692 [Doyle violation forfeited]; see also People v. Ramos (2013) 216 Cal.App.4th 195, 206-209 [generic Fifth Amendment objection is insufficient to preserve objection to prosecutor's comment about a pre-arrest/pre-Miranda express invocation of the right to remain silent].)

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