What rights does a defendant have when he cannot speak English at trial?

Under California's constitution, "[a] person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings." (Cal. Const., art. 1, 14.) Other constitutional rights may also be affected by the absence of an interpreter when required. (People v. Rodriguez (1986) 42 Cal.3d 1005, 1011 [right to due process, confrontation, assistance of counsel, and presence at trial] (Rodriguez).) "At moments crucial to the defensewhen evidentiary rulings and jury instructions are given by the court, when damaging testimony is being introducedthe non-English-speaking defendant who is denied the assistance of an interpreter, is unable to communicate with

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the court or with counsel and is unable to understand and participate in the proceedings which hold the key to freedom." (People v. Aguilar (1984) 35 Cal.3d 785, 790-791.)