Does a defendant have a right to assistance of counsel and to be present at trial?

California, United States of America


The following excerpt is from Petition of Speiser for and on Behalf of Baird, 150 Cal.App.2d 561, 310 P.2d 454, 68 A.L.R.2d 628 (Cal. App. 1957):

There was no denial of due process here, nor of defendant's right to assistance of counsel, and to the present at the trial. The court gave defendant ample time to get counsel. Therefore People v. Avilez, 86 Cal.App.2d 289, 194 P.2d 829, and In re McCoy, 32 Cal.2d 73, 194 P.2d 531, do not apply. 3 As to the right to be present at the trial defendant voluntarily refused to exercise that right and thereby waived it. A defendant in a criminal case has many rights, the denial of which to him would constitute a denial of due process, and yet the defendant may waive such

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