When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver?
California, United States of America
The following excerpt is from People v. Espinosa, F067071 (Cal. App. 2014):
We find defendant's waiver was knowing. He was fully aware of his rights and, more particularly, the consequences related thereto. (People v. Sauceda-Contreras, supra, 55 Cal.4th at p. 219.)
"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
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)
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 is the test for leaving the scene of a crime scene where the crime was committed and the accused fled the crime scene? (California, United States of America)
Is it proper for a defendant to be instructed to leave the scene of a crime and return to the crime scene? (California, United States of America)
Does a defendant have a constitutional right to view the scene of the crime scene during the penalty phase of his murder trial? (California, United States of America)
Is a waiver of a defendant's right to testify a personal waiver of that right? (California, United States of America)
Does a waiver allowing a defendant to waive his right to a jury trial apply when he entered into the waiver? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
Is a defendant's prior experience with the criminal justice system relevant to the question of whether he knowingly waived constitutional rights? (California, United States of America)
What instruction is proper to leave the scene of a crime where the crime scene has been contaminated with blood? (California, United States of America)
