Case Dismiss based on English as second lanuage.

[alexc]

California
In my 2007 California DV case, I plea no consent. My primary language is Russian, I dont recall if I was offered a translator and did not comprehend entire process and specially when judge was talking. I had an attorney that was handling my case, but even then I had a lot of uncleared issues after he was explained them to me.

1. Is there is a way to go back to the court and dismiss the case with prejudice based on luck of understanding English?

2. is there is a procedure or code on having a court held in native language or wit translator and if it is not then whole thing is void??

Thanks.

 

[Banned_Princess]

California
In my 2007 California DV case, I plea no consent. My primary language is Russian, I dont recall if I was offered a translator and did not comprehend entire process and specially when judge was talking. I had an attorney that was handling my case, but even then I had a lot of uncleared issues after he was explained them to me.

1. Is there is a way to go back to the court and dismiss the case with prejudice based on luck of understanding English?

2. is there is a procedure or code on having a court held in native language or wit translator and if it is not then whole thing is void??

Thanks.

If you needed a translator, you should have requested one at the time.

if the case is closed, it is closed. Court is NOT required to be held in your native language, this is America, where we speak English. No way is court going to be in Russian just for you, and if you didnt understand, it is your own responsibility to say so, and request a translator, like I just said.

 

[justalayman]

2. is there is a procedure or code on having a court held in native language or wit translator and if it is not then whole thing is void??

surely not be held in your native language but there is a requirement you understand the proceedings. Either the court was satisfied you could understand the proceedings or you were wronged.

I do not know what argument you have that would change things but speak with an attorney about appealing the case based on you not understanding the proceedings. I have no idea how successful you will be since it will be based on the circumstances surrounding the entire process.

, I dont recall if I was offered a translator

seeing that you do not even recall if you were offered a translator, I would suggest you may find quite quickly that you were and it was rebuffed. That would shoot your chances at an appeal in the foot in short order.

 

[Zigner]

surely not be held in your native language but there is a requirement you understand the proceedings. Either the court was satisfied you could understand the proceedings or you were wronged.

I do not know what argument you have that would change things but speak with an attorney about appealing the case based on you not understanding the proceedings. I have no idea how successful you will be since it will be based on the circumstances surrounding the entire process.

seeing that you do not even recall if you were offered a translator, I would suggest you may find quite quickly that you were and it was rebuffed. That would shoot your chances at an appeal in the foot in short order.

Just - EVERYONE is allowed a translator, upon request.

 

[Ohiogal]

If you needed a translator, you should have requested one at the time.

if the case is closed, it is closed. Court is NOT required to be held in your native language, this is America, where we speak English. No way is court going to be in Russian just for you, and if you didnt understand, it is your own responsibility to say so, and request a translator, like I just said.

You are incorrect completely. First of all, this country does NOT have a national language. Second, translators are required if someone requests them and cases have been overturned if the person does not comprehend the trial in hearing. Third, it may be too late for him to get a case overturned and remanded for a NEW TRIAL -- not a dismissal. Fourth, it is NOT just HIS responsibility to request a translator. It is up to the court to determine if the person is able to participate in their own defense and what they require in order to do so. Hence, you can issue an apology for your prejudicial comments.

 

[justalayman]

Just - EVERYONE is allowed a translator, upon request.

I know but it is not the duty for the defendant to request a translator. It is the duty of the courts to make some effort to determine whether the defendant understands the proceedings.\

Obviously if a defendant requests a translator, the need will be investigated. If they do not understand the proceedings to the point of knowing they could ask for a translator or if one were even offered, the onus is upon the courts to appoint a translator.

You can't expect a person that does not understand what they are being told to answer yes when asked if they want a translator if they do not understand English. That would be like me standing in front of a Chinese court and them asking me, in Chinese, if I want a translator. How do I know what they asked? Is my lack of acceptance a valid denial?

 

[Ohiogal]

Just - EVERYONE is allowed a translator, upon request.

OR if the court determines that one is necessary.

Aww heck, just beat me to saying that.

 

[Isis1]

California
In my 2007 California DV case, I plea no consent. My primary language is Russian, I dont recall if I was offered a translator and did not comprehend entire process and specially when judge was talking. I had an attorney that was handling my case, but even then I had a lot of uncleared issues after he was explained them to me.

1. Is there is a way to go back to the court and dismiss the case with prejudice based on luck of understanding English?
2. is there is a procedure or code on having a court held in native language or wit translator and if it is not then whole thing is void??

Thanks.

i'm sorry....but...i just thought this was a tad bit funny

 

[stealth2]

California
In my 2007 California DV case, I plea no consent. My primary language is Russian, I dont recall if I was offered a translator and did not comprehend entire process and specially when judge was talking. I had an attorney that was handling my case, but even then I had a lot of uncleared issues after he was explained them to me.

1. Is there is a way to go back to the court and dismiss the case with prejudice based on luck of understanding English?

2. is there is a procedure or code on having a court held in native language or wit translator and if it is not then whole thing is void??

Thanks.

I'm a 1st Gen American of Russian descent. None of this is the kind of syntax I would expect from someone who speaks Russian and has an inadequate grasp of English. Sorry.

 

[Just Blue]

I'm a 1st Gen American of Russian descent. None of this is the kind of syntax I would expect from someone who speaks Russian and has an inadequate grasp of English. Sorry.

I thought the same thing...

 

[ecmst12]

What is it about the family law forum that attracts more trolls then the rest of the board?

 

[CourtClerk]

What is it about the family law forum that attracts more trolls then the rest of the board?

Weird people procreate in mass numbers.....