How Translation Errors Can Impact a Criminal Case

As a Spanish-speaking attorney, I have the opportunity to work with many of our Spanish-speaking clients. I have always understood the importance of proper translation and the ability to communicate with somebody in their preferred language during a criminal case. However, there is one case of mine that particularly changed the way I view the importance of translations in the judicial system.

Translating for a criminal client is not as simple as making sure somebody understands what is happening around them. It can become an integral part of the investigation itself, shaping the evidence and direction of a case entirely. I once represented a client who was charged with indecent assault after an allegation that he had inappropriately touched a woman at work. This client had no criminal history, was undocumented, and English was not his first language. Unfortunately, this client agreed to sit down and participate in an interview with the detective investigating the allegation.

The detective conducting the interview attempted to do so in Spanish. However, the translation was not completely accurate. At certain points in the interview, the detective used words incorrectly, mispronounced Spanish words, and even used words that were not Spanish to begin with. This had huge implications for the evidence that officers believed they had obtained from the interview.

When a Translation Turns Into an Admission

The crux of the issue revolved around how the client described the physical contact between him and the woman. On one hand, he was attempting to describe a one-armed hug around the shoulder and chest area of the woman. On the other hand, through the lens of inadequate translation, this became an “admission” of grabbing the woman's breast. One description is of incidental contact during a hug, while the other sounds like an admission of the very conduct he was accused of. This inaccurate translation became crucial to the officer's investigation, and it was ultimately used to support charging the client.

This shaped the way I approach any law enforcement contact with clients that could potentially require translation. If an officer is going to conduct an interview in a foreign language, speaking “some” of that language is not enough, especially when the consequences of a miscommunicated word can be as severe as criminal charges.

Translation During Trial

The case went to trial, and an entirely new aspect of translation came into play. During jury selection, we had to address what happens if Spanish-speaking jurors heard something in Spanish but the official court interpreter translated it differently from their own understanding. For example, suppose you speak Spanish and hear a witness say “the light was green.” But the official translation says “the light was red.” Which one would you listen to? As somebody who speaks Spanish, this is a hard question. My natural instinct would be to believe what I heard. However, jurors have to rely on the official translation provided to the court by the interpreter, not on what they believe the witness said themselves.

This put two things into perspective. First, how an officer's understanding of Spanish can affect how a suspect's statement is reported and used during an investigation. Second, how an interpreter's words can affect the jury's understanding of a witness's testimony. The client was ultimately found not guilty at the end of the trial, but the case has stuck with me because it showed just how impactful a mistranslation can be. What starts as a poorly translated police interview can quickly turn into charges being filed, and can end with a trial surrounded by conflicting translations.

What I Tell Clients Now

It is common knowledge that criminal defense attorneys will tell you to avoid talking to law enforcement without consulting or having an attorney present. But I think that advice matters even more when English is not your first language. Just because an officer starts speaking to you in your preferred language does not mean that officer has the fluency to conduct a criminal interview. There is always a chance that something gets lost in translation, even when both people believe they understand one another. You may know exactly what you said, and the officer may genuinely believe they understood you, yet the police report documents something you never intended to say.

Now, when I review cases involving Spanish-speaking clients, I use a different frame to analyze reports and interviews. Who translated the conversation? How well do they actually know Spanish? Was a certified court interpreter involved, or did the officer handle the translation themselves? There's no requirement that an officer use a certified interpreter at all, which is exactly how a case like this one slips through. Is there a recording that might show a difference between what was documented and what was actually said? In a criminal investigation, a bad translation can end up being far more than a misunderstanding. It can turn into evidence, and it can turn into an admission.

At Cofer & Connelly, PLLC, we understand that a criminal case can feel even more overwhelming when language is part of the problem. Whether you are concerned about how a police interview was translated, unsure whether a certified interpreter was involved in your case, or preparing for a trial where interpretation could affect the outcome, our attorneys can help you understand your options and protect your rights. Contact Cofer & Connelly, PLLC today at (512) 991-0576 to discuss your situation.