This Court has held "[a]n implicit waiver may be sufficient." State v. Curry, 42 N.C. App. 69, 71, 255 S.E.2d 658, 660 (1979) (citing North Carolina v. Butler, 441 U.S. 369, 60 L. Ed. 2d 286 (1979)). Whether or not there has been a waiver depends on "the particular facts and circumstances surrounding the case, including the background, experience and conduct of the accused."