Legal Question in Criminal Law in California

4th waiver requirements

In order for a fourth waiver to be in effect, is there something in writing that is necessary? For instance, if there is no paperwork with the defendant's signature on it waiving their 4th, is it still valid? Even if it is part of probation terms, shouldn't there still be something signed aknowledging that they are signing that right away?


Asked on 9/28/06, 11:51 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: 4th waiver requirements

Probation terms are either written on a form the defendant signs or recited to the defendant on the record, after which he is asked to confirm that he understands what he is agreeing to. Either way it is documented.

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Answered on 9/29/06, 12:49 am


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