Can a defendant in a criminal case who cannot speak English have a right to an interpreter?

California, United States of America


The following excerpt is from People v. Sokau, 188 Cal.Rptr.3d 857, 237 Cal.App.4th 1358 (Cal. App. 2015):

Our state Constitution provides that a criminal defendant who is unable to understand English has the right to an interpreter. (Cal. Const., art. I, 14.) A nonEnglish speaking defendant in a criminal case has a right to a competent interpreter. (People v. Estrada (1986) 176 Cal.App.3d 410, 415, 221 Cal.Rptr. 922.) An interpreter must render a true translation of the questions posed and answers given. [Citations.] (

[188 Cal.Rptr.3d 860]

People v. Shaw (1984) 35 Cal.3d 535, 542, 198 Cal.Rptr. 788, 674 P.2d 759.) We have no quarrel with these rules. We do quarrel with the premise thereto, i.e., appellant's ability to understand and speak English as well as the competency of the interpreter provided.

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