Can a defendant waive his right to have his interpreter interpret the entire proceedings verbatim?

California, United States of America


The following excerpt is from People v. Estrada, 176 Cal.App.3d 410, 221 Cal.Rptr. 922 (Cal. App. 1986):

The defendant also argues that even if he did waive his right to have his personal interpreter interpret all of the proceedings verbatim, that waiver [176 Cal.App.3d 417] was not made knowingly and intelligently as required in Boykin v. Alabama (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, and in In re Tahl (1969) 1 Cal.3d 122, 81 Cal.Rptr. 577, 460 P.2d 449. Defendant did however make a knowing and intelligent waiver of his right to have his personal interpreter interpret all of the proceedings. During the trial, the court, talking to defendant, said, "... At that time I had a discussion with your counsel, and it was decided that your interpreter, who is sitting beside you, would only interpret the words of the witness' interpreter if she disagreed with the translation or with the nuance that was used. When I inquired this morning in front of the jury, your attorney indicated that you were willing to give up the right to have your interpreter interpret every word that the witness' interpreter says, and so we went ahead on that basis. [p] Is it your desire to do as your attorney indicated, that is, to have your interpreter, who is sitting beside you, interpret the words of the witness' interpreter only in the event she disagrees with his choice of words or the nuances of his choice of words?

"THE DEFENDANT: Yes. Or when I don't hear what they're saying that she repeat it for me.

"THE COURT: All right. You would like that, too.

"THE DEFENDANT: Yes. Sometimes I can't hear very well what they're saying.

"MR. FLORES: That's fine.

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
In what circumstances will a defendant waive the right to defend himself with a knife? (California, United States of America)
How has the court interpreted the Miranda rights of a minor who, as a minor, waived his Miranda right to be arrested? (California, United States of America)
Does a defendant have a right to counsel at a resentencing proceeding where the entire sentencing package has been set aside? (California, United States of America)
Can a defendant waive his right to be absent from an evidentiary proceeding? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
Does a defendant have the right to waive their right to counsel and elect to represent themselves? (California, United States of America)
Can a defendant waive his right to request an interpreter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.