Legal Question in Criminal Law in Florida

reason to file a motion

If an accuser does not speak English as a first language and there is not any translator made available in the police while he is questioned,moreover when they do not understand what he is saying(even on tape)and the assistant state attorney tries to translate for him,can this be an enough reason to be filed a motion to be suppressed everything that the accuser has said?


Asked on 6/16/06, 2:45 pm

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: reason to file a motion

No, you can not suppress a witness' statement. However, you can prevent it from being introduced without proper tanslation and you can also cross-examine the motive of comprehension of the questioning.

Bottom line though is that the statement would come in as evidence, but would be subject to attack by your defense attorney.

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Answered on 6/16/06, 3:43 pm


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