Is There A Right to An Interpreter for Non-English Speaking Defendants in Florida?

May 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, non-English speaking defendants are sometimes arrested and charged with a crime. Often, these individuals will be subject to police interrogation as well as court proceedings that would typically occur in English. 

But if someone does not speak English or speaks very little of it, are they entitled to an interpreter during any and all legal proceedings – from interrogation to trial? The answer is yes. This article will explore the law in Florida surrounding the right to an interpreter for non-English speaking or limited English-speaking defendants.

Under the Sixth Amendment to the U.S. Constitution, all criminal defendants have the right to be informed of the nature and cause of the accusation made against them, to confront any witnesses against them, and have the assistance of counsel in their defense. The Fourteenth Amendment ensures that no defendant is deprived of life, liberty, or property without due process of law.

In line with these protections, Florida’s Rules of General Practice and Administration create the requirement that a certified, language-skilled or provisionally approved interpreter be available for a defendant who either does not speak English or is limited in their proficiency. But given this sweeping requirement, how do courts determine who qualifies?

Florida’s courts have grappled with this question in several cases. In Santisteban v. State, the court held that a non-English speaking defendant has the right to an interpreter based on due process and confrontation considerations. Santisteban v. State, 306 So.3d 359 (Fla 3d. DCA 2020).

In evaluating whether a defendant requires an interpreter, courts generally proceed cautiously before denying such a request. This is because a risk exists that if the request is denied and the defendant has a difficult time understanding the content of the legal proceedings he is at the center of, this could pave the way for an appeal. Calana-Reinoso v. State, 306 So.3d 980 (Fla. 3d. DCA 2020)

If a trial court develops a reason to believe that the accused either:

• Does not understand English, or
• Cannot sufficiently express themselves in (speak) English

This is considered grounds for the appointment of an interpreter. Id. Florida law codifies the right to an interpreter for any defendant who meets this criteria under Fla. Stat. Section 90.606.

Courts of appeal have reversed lower court rulings on the grounds that a defendant who was not provided an interpreter, should have been. In Benitez v. State, the Third District Court of Appeal reversed a revocation of Benitez’s probation on the grounds that he was in need of an interpreter to defend against the allegation of violating probation. Since he did not receive one, the judgment of the lower court was reversed and remanded for further proceedings. Benitez v. State, 57 So.3d 939 (Fla. 3d. DCA 2011)

The same requirement for an interpreter exists when a defendant is arrested and read his Miranda rights. If the arrestee is not sufficiently proficient in English to knowingly, intelligently, and voluntarily waive their rights, they must be notified of their Miranda rights in their native language via the use of an interpreter. Tehrani v. State, 764 So.2d 895 (Fla. 5th DCA 2000).

Tehrani also requires the use of an interpreter in a police interrogation for non-English speaking or non-English proficient defendants, if they do not invoke their right to remain silent. Id.

If someone does not invoke their right to an interpreter but does not speak English, this does not automatically make any statements they make to the police admissible. Tehrani recognized that because someone may not understand what is occurring, they may not invoke their right to an interpreter (as they are unaware of it). If an arrestee does not speak English and does not understand their rights before waiving them and confessing, that confession is inadmissible. 

When someone receives a translated oral or written Miranda warning, this must be clear about their:

• Right to remain silent
• Right to an attorney during interrogation and all future legal proceedings
• A notification that anything they say can and will be used against them

Courts have previously reversed convictions on the grounds that a non-English speaking defendant was given a mistranslated or poorly translated Miranda warning before confessing. State v. Delgado-Armenta, 429 So.2d 328 (Fla. 3d. DCA 1983).

In sum, a non-English speaking defendant, or a defendant who is not able to sufficiently express themselves in English, is entitled to an interpreter in Florida. This is the case at every stage in the legal process, from the time they are arrested and charged to pretrial hearings, trials, and even violation of probation hearings (if these occur).

If someone is arrested and formally charged in Florida and is concerned they or a loved one did not receive an interpreter despite needing one, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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