Foreign Language Advisement of Miranda Rights

Foreign language advisement

Advisement of rights in a foreign language may result in an insufficient Miranda advisement if the proper words are not used. For instance in one case the Spanish word for "to get" was used instead of "to afford" an attorney. In that instance the Miranda advisement was held to be insufficient. In another instance the translation from Spanish to English, Miranda warning advised defendant that he had the right to "solicit" court for an attorney if he had no funds implied that request might be rejected and therefore did not properly convey the government's obligation to appoint an attorney for indigent accused. A criminal defense attorney when litigating the sufficiency of a foreign language advisement should consult with an expert interpreter, certified or registered under the government code and take care to establish an accurate and detailed trial court record. If you are arrested or charged with a crime contact Christine McGuire, a Santa Cruz, San Jose, Monterey criminal defense attorney.