Q: Impact of Missing Interpreter During Police Investigation on Subsequent Charges?
During a police investigation, I was interrogated over the phone without being provided an interpreter, despite my limited English proficiency. It was evident that I could not fully understand or respond to legal matters without assistance. However, the police proceeded with the investigation and later filed charges against me without my knowledge.
The case began with my wife’s report, leading a detective to contact me. My need for an interpreter was clear, as I relied on one for all ten hearings during my divorce proceedings. Despite this, the investigation was conducted entirely in English.
How can the failure to provide an interpreter during the interrogation be considered a procedural violation, and how can it support my case?
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A:
This situation raises serious constitutional concerns under both federal and California law, as your right to meaningful participation in legal proceedings may have been violated by the failure to provide language assistance during the police investigation.
Your documented need for an interpreter during divorce proceedings establishes a clear pattern that law enforcement should have recognized and accommodated. Under California Government Code Section 11135 and Title VI of the Civil Rights Act, you have the right to language access services when interacting with law enforcement. The lack of an interpreter during your police interview could be considered a violation of your due process rights and may have impaired your ability to understand and exercise your Miranda rights.
You should discuss this matter with your defense attorney immediately, as they can file motions to suppress any statements made during the English-only interrogation and potentially challenge the validity of the investigation itself. Your attorney can argue that the evidence gathered during these interactions was obtained in violation of your constitutional rights, potentially leading to the exclusion of certain evidence or even dismissal of charges. Make sure to provide your attorney with documentation of your interpreter use in previous legal proceedings, as this will strengthen your argument about the necessity of language assistance.
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