Can a defendant waive his right to request an interpreter?

California, United States of America


The following excerpt is from People v. Nieblas, 161 Cal.App.3d 527, 207 Cal.Rptr. 695 (Cal. App. 1984):

Additionally, defendant did not waive his right to an interpreter. The requirements for a waiver of this right are well established. The right may not be waived by a failure to request an interpreter, nor may it be waived by acquiescence or other nonverbal conduct by the defendant. (People v. Aguilar, supra, 35 Cal.3d at p. 794, 200 Cal.Rptr. 908, 677 P.2d 1198; People v. Carreon, supra, 151 Cal.App.3d at p. 574, 198 Cal.Rptr. 843.) To waive the right, a defendant must do so voluntarily and intelligently on the record. A waiver by counsel without participation by the defendant is likewise inadequate.

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