Does defendant have the capacity to understand the consequences of waiving his Fifth Amendment rights?
California, United States of America
The following excerpt is from People v. Bonilla, F070035 (Cal. App. 2016):
We conclude defendant "'ha[d] the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.'" (People v. Nelson, supra, 53 Cal.4th at p. 375.) His statement was therefore properly admitted and we reject his claim to the contrary.
Page 14
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the court uphold a finding that appellant voluntarily and knowingly waived her Fifth Amendment right to the Fifth Amendment? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is a defendant's ineffectual request for counsel in a Sixth Amendment context coincidentally invoked his Fifth Amendment right to have counsel present at any interrogation? (California, United States of America)
When will a defendant waive his Fifth Amendment right against self-incrimination? (California, United States of America)
What is the difference between Sixth Amendment rights and Fifth Amendment rights? (California, United States of America)
Does a defendant have to waive his right to self-incrimination under both the Fifth and Sixth Amendments? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (California, United States of America)
Is a defendant competent to stand trial if he was confused by the court's explanation of the Fifth Amendment right to remain silent as it related to his right to testify? (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)
