When will a defendant waive his Fifth Amendment right against self-incrimination?

California, United States of America


The following excerpt is from People v. Ledesma, 196 Cal.App.3d 657, 241 Cal.Rptr. 876 (Cal. App. 1987):

1 Among those articulated reasons is the following, which is particularly applicable to the present case: "[T]he defendant in this case had already rejected the opportunity to communicate with and have counsel present; the 'communication' involved thus was a one-way street, from an attorney seeking access to a suspect who had already waived his right to talk with him. The Fifth Amendment right against self-incrimination is the individual suspect's right, not his attorney's." (People v. Houston, supra, 42 Cal.3d at p. 620, fn. 1, 230 Cal.Rptr. 141, 724 P.2d 1166 [Lucas, J., dissenting], emphasis in original.)

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