Does a defendant have a right to remain silent or waiving his right to counsel?

California, United States of America


The following excerpt is from People v. Gomez, E057193 (Cal. App. 2014):

6. People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 217-220, 219 [In response to question whether defendant would speak to the detective "right now," the defendant stated: "'If you can bring me a lawyer, that way I, I with who . . . that way I can tell you everything that I know and everything that I need to tell you and someone to represent me . . . .'" This response was deemed to be conditional, ambiguous, and equivocal]; People v. Farnam (2002) 28 Cal.4th 107, 181 [defendant's comments ("'I'm not going to answer any of your fucking questions'; 'Fuck this, I'm not staying here anymore'") and his attempt to walk away from the officers, viewed together, require clarification of whether he was invoking or waiving his right to remain silent and right to counsel].)

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