In what circumstances will a defendant waive his right to remain silent?

California, United States of America


The following excerpt is from People v. Lowe, F062767 (Cal. App. 2013):

In People v. Mosby, supra, 33 Cal.4th at page 364, after a jury found the defendant guilty of selling cocaine, he was told that he had the right to a jury trial on the allegation that he had a prior conviction. The defendant waived that right and admitted the truth of the allegations. On appeal, the defendant argued that the trial court committed reversible error by not advising him of his rights to remain silent and to confront witnesses. "The Court of Appeal disagreed, stating: 'It would exalt a formula (Boykin-Tahl) over the very standard that the formula is supposed to serve (that the plea is intelligent and voluntary) to

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