Right to silence after trial by declaration - California

[Pugilist]

California

If I waive my right to silence by making a statement in my trial by declaration, have I lost it for purposes of a later trial de novo?

If your answer is no, I haven't lost it for a TDN, please provide case law or a good explanation, as I expect that I will need
to argue the issue with my judge, who could be pressing me to tell him who was actually driving the car.

 

[CdwJava]

No law requires you to put on a defense at a court trial. You can simply rest your case after cross-examining the officer if you choose.

If your written statement from the TBWD is part of the new case, then the judge can likely consider that statement should he or she choose.

 

[Pugilist]

So...

So, is the written statement from the TBWD part of the new case? I can imagine it will be in the case file, on the judge's bench, but can he use it against me, or to require me to testify against myself?

Please provide case law, if possible.