QUESTION
Are police required to give a translator to someone who does not speak English when they are read their Miranda Rights?
Asked on Mar 25th, 2011 on Criminal Law - New York
More details to this question:
My cousin just moved to the US a few months ago and doesn't speak hardly any English. He was arrested for assault and battery because he got into a fight at a bar. The police claim they read him his Miranda Rights, but he did not understand them because he doesn't speak English. They then brought in a translator for him afterward so that they could do the interrogation. Is that legal? Or are police required to provide him with a translated version of the Miranda Rights (Spanish)?
16 ANSWERS
For Miranda, a person has to knowingly wave the rights to do this the person needs to understand the Miranda rights. He cannot do that if told in a language he does not understand.
Answered on Apr 04th, 2011 at 9:19 AM
For his statements to be used later in court, the State must show that he knowingly and voluntarily waived his rights under Miranda. The determination of admissibility is made by the Judge following a *Jackson v. Denno* hearing.
Answered on Apr 01st, 2011 at 8:57 AM
Personal Injury Attorney serving New Orleans, LA
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This is a matter of considerable legal controversy at present. There has not yet been a clear ruling from the Supreme Court on such a matter indicating the extent of the burden on law enforcement officers to make sure that suspects understand their Miranda Rights. This would largely be subject to specific state laws as well as the specific details of your cousin's case. It could possibly be used as a defense in such a matter but there is no hard and fast rule as it applies. If you or your cousin are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation to determine whether or not we might be able to assist you.
Answered on Mar 30th, 2011 at 10:08 PM
Whether, when and how police are required to provide Miranda warnings is a very fact specific question that can be best answered by retaining an experienced criminal defense attorney as soon as you can. An experienced defense attorney can leverage the facts for the client's benefit.
Answered on Mar 30th, 2011 at 9:38 PM
They would have had to give him a translated version of his right's under the circumstances you put forth.
Answered on Mar 30th, 2011 at 12:33 AM
Criminal Defense Attorney serving Charlotte, NC
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This has been a discussion among defense attorneys throughout NC. It should be illegal in certain circumstances to not provide an adequate form of communication with Spanish speaking citizens. Unfortunately judges and the law currently do not see it that way most of the time. In your particular case it sounds like they gave him the rights in Spanish before interrogation so this, while not perfect, is better than some jurisdictions and would most likely fail on a challenge in court.
Answered on Mar 30th, 2011 at 12:28 AM
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If the police only read the Miranda right admonition in English and not in the native language of the accused, then any statements made during an interrogation should not be admissible at a trial. If an accused does not knowingly waive his right to remain silent (i.e. where he does not understand his rights because of a language barrier), then the use of his subsequent statements would be in violation of his constitutional rights. The police must have provided him with the admonition in his native language before proceeding with an interrogation. Contact me for a free consultation.
Answered on Mar 30th, 2011 at 12:04 AM
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You have to be able to understand and comprehend your rights before you can waive them. Usually police agencies will have you sign something to waive your Miranda Rights as evidence that you were read your rights, you understood them, and voluntarily waived them. If the suspect could not understand the language the officer was speaking, then he was in no position to waive them. Consult with an experienced criminal attorney who can look into your case in more detail and be able to provide a more accurate answer on steps you can take. Best of everything.
Answered on Mar 29th, 2011 at 11:30 PM
Theodore W. Robinson
Let's understand that the police may have given your cousin a gift by not reading him his "rights" in Spanish when they knew, or should have known, that he didn't speak English. Certainly they proved that they knew by getting an interpretor later, so that only verifies that he couldn't have understood his "rights" when given to him. Perhaps they had the interpretor read them to him again once he/she arrived to translate. I would expect so. However, if he/she did not read him his rights in Spanish, then anything he may have said later probably is attackable since he was never given his rights in Spanish. Good luck.
Answered on Mar 29th, 2011 at 10:16 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Miranda rights warning is only required after arrest and before seeking confession. You have described no violation, if they provided a translator and Miranda translation upon request before that questioning.
When charged with a felony, you potentially face one or more years in prison if convicted, on a misdemeanor you face up to 6-12 months in jail on each count. If you have priors, they are enhancements under the 3 Strikes rules. If this constitutes a probation violation, factor that new charge in as well. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you through plea bargaining, or take it to trial if appropriate. If serious about doing so, and if this is in SoCal courts, feel free to contact me.
Answered on Mar 28th, 2011 at 10:22 PM
Small Businesses Attorney serving Livonia, MI
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No, because they didn't take any statements from him if he wasn't speaking English and they didn't know Spanish. The rights only matter if you make incriminating statements without being told your rights and waiving them. Click on the link to your left to call me to discuss.
Answered on Mar 28th, 2011 at 10:21 PM
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They are not required to have an interpreter. But, they also may not be able to use his confession if his attorney can show it was not a free and voluntary statement.
Answered on Mar 28th, 2011 at 10:11 PM
Miranda rights need to be understood. But failure to give proper Miranda rights doesn't mean that whole case against your cousin is thrown out - just any statements that he made will be thrown out. This is a tricky area of law, and I would strongly advise your cousin to get a good lawyer as soon as possible. I am a former prosecutor who has dealt with a lot of these kind of cases and would be happy to give you and your cousin a free consult to talk more about your options. But regardless of who you see, he needs a lawyer. Now.
Answered on Mar 28th, 2011 at 10:11 PM
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Fifth Amendment and Miranda issues can be complex, and can depend on very specific factual details. What you have outlined here certainly raises some questions. But without seeing the full police reports, recordings of the interview/interrogation, etc., it is impossible to say whether police violated your cousin's rights. The purpose behind the Miranda warnings is to inform a suspect of his/her Constitutional rights before a police officer begins a custodial interrogation. If the suspect does not speak English, and therefore does not understand those warnings and rights, then the purpose behind the Miranda warnings has not been served. If your cousin does not have an attorney already, get one. If he cannot afford an attorney, there are some excellent public defenders working in the system. Either way, he should ask his attorney to look for potential Miranda violations.
Answered on Mar 28th, 2011 at 10:07 PM
Criminal Defense Attorney serving Orange, CA
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In order for any statement to be admissible, a person that is in custody and being interrogated must be be given their Miranda rights. Not only that, but they must be given in a way that the suspect can understand the rights before they can waive them. This is something for your cousin's attorney to look at in detail.
Answered on Mar 28th, 2011 at 9:48 PM
In order for a statement given by a suspect to the police to be admitted into evidence against a person that is interrogated while in custody, the prosecutor would have to demonstrate to a judge that they read the suspect the Miranda Warnings and that the warnings were understood. Further, that the suspect waived their right to counsel and gave the statement voluntarily. Under the circumstances you describe it appears that the prosecutor will have a difficult time getting the statement admitted in evidence.
Answered on Mar 28th, 2011 at 6:40 PM