Legal Question in Disability Law in California
arraignment with no sign language interpreter present
I am profoundly deaf and I require a sign language interpreter for court proceedings per ADA laws.At my arraignment there was not a sign language interpreter present and they proceeded to arraign me on my charges with out a sign language interpreter. In the court transcript it says that I waived my interpreter and that the court advised me of my consitutional rights, right to trial by jury, right to confront and cross examine witnesses, privelege against self incrimination, and of charges and consequences of my plea and statutory sentence. The judge put in a plea of not guilty on my behalf. I never did waive my interpreter and how can they advise me of my rights and so forth if Im profoundly deaf and cannot hear anything that is said in the courtroom. How can I state my name and my plea since I am deaf and mute? I feel that my civil rights have been violated and that ADA Laws were violated. Is this grounds for dismissal?
1 Answer from Attorneys
Re: arraignment with no sign language interpreter present
Did you have an attorney present? If so, he or she committed malpractice against you. If not, you nee a criminal law attorney to move for a new arraignment, or a dismissal, or a "writ of mandate" with the appellate court. If I were you I would retain an attorney, or contact an organization such as your local disability law center.
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