What rights does a non-English speaking defendant have in a criminal case?

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):

Under the California Constitution, 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, italics added.) An interpreter must render a true translation of the questions posed and answers given. (People v. Shaw (1984) 35 Cal.3d 535, 542, 198 Cal.Rptr. 788, 674 P.2d 759.) When bilingual courtroom dialog is exchanged through an interpreter, literal translation should be exacted of him, without paraphrasing, because of undetectable differences which may exist between the words spoken and his understanding of their message. (Id. at pp. 542543, 198 Cal.Rptr. 788, 674 P.2d 759, italics added.)

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