What is the responsibility of the state to provide a complete understanding of the Miranda rights, even if the language of the suspect is obscure? 2 Answers as of February 25, 2016

For example, if a person who speaks only a regional dialect of a tribal language is accused of committing a crime, to what lengths does the state have to go in order to not violate his/her rights?

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Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
If it is a situation where the person must be advised of their rights (i.e. they are in custody and being interrogated) then they should be advised in a language that they understand. Of course, if a person only speaks an obscure language then whatever they say likely could not be understood by their interrogators, unless an interpreter were present.
Answer Applies to: Colorado
Replied: 2/25/2016
Connell-Savela
Connell-Savela | Jason Savela
Miranda rights are only necessary when police want to ask questions of a person in custody. If Miranda is required, then the only way a person can voluntarily and intelligently understand those rights and waive them is if the person is spoken to in a language they understand. If not, then the waiver is not valid and any statements should be suppressed.
Answer Applies to: Colorado
Replied: 2/25/2016
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