Does a defendant have a right to be represented by a standby counsel?

California, United States of America


The following excerpt is from People v. Miracle, 240 Cal.Rptr.3d 381, 430 P.3d 847, 6 Cal.5th 318 (Cal. 2018):

standby capacity do not represent the defendant ...." ( People v. Lightsey (2012) 54 Cal.4th 668, 692, 143 Cal.Rptr.3d 589, 279 P.3d 1072 ; see ibid. [interpreting the phrase "represented by counsel" in section 1368 to exclude advisory counsel].) And there is no such thing as a right to advisory counsel. (See People v. Moore (2011) 51 Cal.4th 1104, 11191120, 127 Cal.Rptr.3d 2, 253 P.3d 1153 ["[A] defendant has no right, under either the federal or state Constitution, to hybrid representation. Criminal defendants have the constitutional right to have an attorney represent them, and the right under the federal Constitution to represent themselves, but

[430 P.3d 878]

these rights are mutually exclusive." (fn. omitted) ].)

Other Questions


What is the difference between a defendant's absolute right to counsel and his unqualified constitutional right to discharge counsel if he pleases and represents himself? (California, United States of America)
Does a defendant have the right to waive their right to counsel and elect to represent themselves? (California, United States of America)
What are defendant's rights regarding counsel, counsel and Boykin/Tahl rights? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Does substitute counsel violate a defendant's right to effective assistance of counsel? (California, United States of America)
When a defendant's request to represent himself was granted, when the trial court appointed a defense investigator, legal runner, and standby counsel, as well as granting pro. per. funds and telephone access, is he entitled to reversal? (California, United States of America)
What is the proper admonishment for a defendant who seeks to forego the right to counsel and to represent himself? (California, United States of America)
Does a defendant's Sixth Amendment right to counsel include a right to loyal assistance? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.