When will the trial judge assume that a defendant represented by counsel who does not testify at trial is exercising his Fifth Amendment privilege against self-incrimination?
California, United States of America
The following excerpt is from People v. Lopez, F058857 (Cal. App. 2011):
The trial court was not required to obtain an affirmative waiver from Lopez of his right to testify. A trial judge is entitled to assume that a defendant represented by counsel who does not testify is "'"merely exercising his Fifth Amendment privilege against self-incrimination and is abiding by his counsel's trial strategy."'" (People v. Alcala (1992) 4 Cal.4th 742, 805.)
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