Constitutional Rights

[Kgutierrez]

What is the name of your state (only U.S. law)? California
What happends if my boyfriend did not "waive" his rights? He was also taken back the next day for sentencing and was not informed of his rights. The D.A said it, but he then had a question for his lawyer and when they came back the D.A continued from where she left off but he did not say "I waive my rights", or "Yes, I give up my rights." He is currently in County Jail waiting for his transfer to State Prison.

 

[tranquility]

What rights are you talking about? How does the alleged waiver hurt your boyfriend?

 

[Antigone*]

What rights are you talking about? How does the alleged waiver hurt your boyfriend?

Helllllooo....Tranq ~ it is the difference between the top and the bottom bunk. Come on, you knew that didn't you

 

[CdwJava]

What is the name of your state (only U.S. law)? California
What happends if my boyfriend did not "waive" his rights? He was also taken back the next day for sentencing and was not informed of his rights. The D.A said it, but he then had a question for his lawyer and when they came back the D.A continued from where she left off but he did not say "I waive my rights", or "Yes, I give up my rights." He is currently in County Jail waiting for his transfer to State Prison.

What rights? His Miranda rights when arrested? If Miranda was an issue, that should have been raised at trial. But, I am going to guess that he did not go to trial and instead pled guilty and is now having second thoughts.

I assume he pled guilty to some crime that is sending him to prison? If so, then he was asked by the judge whether he made this decision on his own accord, etc. If he felt he was being coerced or did not understand the plea, that was his chance to say something. If he wishes to withdraw the plea and go to trial, he'd better move fast because it may well be too late. However, any admission he made in court can be used against him at trial.

- Carl