Getting arrested is frightening for anyone. But being arrested when you don’t fully understand what the police are saying makes it even more stressful. When a language barrier stands between you and your rights, the consequences can be serious. In New Jersey, where many communities speak Spanish, Arabic, Albanian, Korean, and other languages, this situation is more common than you might think.
If you or a loved one was arrested and didn’t understand your rights because of a language barrier, it’s important to know what steps to take. You may be able to protect your future, but you need help from someone who understands language barrier arrests and how to fight for your rights.
What Are Your Rights During an Arrest?
When you're arrested, police are required to inform you of your rights. This is known as the Miranda warning, and it includes:
- Your right to remain silent
- That anything you say can be used against you in court
- Your right to an attorney
- That one will be provided if you can't afford it
This might seem simple, but if English isn’t your first language, these statements may not be easy to fully understand. While police are not legally required to ensure you completely understand the Miranda warning, the courts may consider language comprehension when deciding if your statements should be used in court.
What Happens If You Don’t Understand the Miranda Warning?
Police officers are required to inform you of your Miranda rights during a custodial interrogation, but the law does not require them to ensure that you fully understand those rights. However, if you didn’t understand the warning due to a language barrier, your attorney may still raise concerns about how the warning was delivered and whether your statements were truly voluntary.
In these situations, the court may consider factors such as:
- Whether an interpreter was provided during questioning
- Whether the Miranda warning was delivered in a language you speak or read
- Whether there were obvious signs of confusion or misunderstanding
While courts generally uphold Miranda warnings that are properly recited, your attorney may be able to argue that the circumstances impacted your ability to knowingly and voluntarily waive your rights—especially if there is evidence of misunderstanding or coercion. This could influence whether certain statements you made to police are admissible in court.
Language Barrier Arrests and False Confessions
Sadly, some people end up saying things during police questioning that they don’t mean, simply because they’re scared or confused. This can lead to false confessions.
Here’s why that happens:
- You might think staying quiet will make things worse
- You may say "yes" or agree to things just to end the questioning
- You might not know that you can ask for an interpreter or lawyer
- You may be trying to cooperate without realizing what you’re giving up
These are very real problems, and the law takes them seriously.
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Can You Ask for an Interpreter?
Yes, and you should. In New Jersey, the police are supposed to offer an interpreter if it’s clear that someone doesn’t speak or understand English well. If they don’t provide one, your attorney may use that in your defense.
You can also:
- Ask for any documents to be translated
- Say clearly, "I don’t understand"
- Request that your statements not be taken until an interpreter is present
Even if you didn’t do these things at the time, your lawyer can still raise the issue later.
Why Understanding Matters in Your Criminal Case
When you're facing charges, every step in the process matters. If a criminal defense attorney in New Jersey can show that a language barrier affected your case, it may change the outcome.
A Language Barrier Can Affect:
- Police interviews: Your statements could be ruled invalid
- Court appearances: You may not understand what is being said or required
- Plea agreements: You could agree to something without knowing the consequences
- Legal documents: You may sign something you don’t fully understand
That’s why it’s so important to have a lawyer who understands language barrier arrests and how to challenge them.
What to Do If You Didn’t Understand Your Rights
If you’re in this situation, here are some important steps to take right away:
- Call a criminal defense attorney in New Jersey who understands these cases
- Tell your lawyer if no interpreter was offered
- Save any documents the police gave you
- Explain clearly what you did or didn’t understand
- Do not speak to police again without a lawyer and interpreter
The more information your attorney has, the better they can defend you.
How Camili & Capo Can Help
At Camili & Capo, we know that language barriers can make a difficult situation worse. Our firm works with people from all backgrounds, and we take extra care to make sure you understand what’s happening at every step of your case.
Whether you speak Spanish, Albanian, or another language, our team will:
- Provide legal explanations in clear, simple language
- Work with certified interpreters for full understanding
- Challenge any rights violations during your arrest
- Fight for the best possible outcome in your case
We serve clients throughout New Jersey, including Totowa, Newark, Hackensack, and New Brunswick. Our goal is to protect your rights and make sure language doesn’t get in the way of justice.
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FAQs About Language Barrier Arrests in New Jersey
What if I signed something but didn’t understand it?
Your lawyer may be able to challenge it, especially if no interpreter was used.
Can I still be charged if I didn’t understand the police?
Yes, but misunderstanding your rights can be a defense issue your lawyer can raise.
Is it legal for the police to question me without an interpreter?
Only if you clearly understood what was happening. If not, that can be a problem.
Can I bring a family member to translate for me?
You can, but the police and courts should use certified interpreters to ensure accuracy.
Will this affect my immigration status?
Possibly. If you’re undocumented or have immigration concerns, it’s critical to speak to a criminal defense attorney who understands both criminal and immigration law.
Don’t Let Language Barriers Stand in the Way of Justice — Contact Camili & Capo in New Jersey Today
If you were arrested and didn’t understand your rights because of a language barrier, you deserve help. You have the right to be treated fairly and clearly understand the legal process.
At Camili & Capo, we take pride in standing up for people who may not speak perfect English but still deserve strong legal protection. If you’re looking for a criminal defense attorney in New Jersey who understands language barrier arrests, give us a call at (973) 834-8457 or fill out our online contact form to schedule a free consultation.
We'll listen to your story, explain your options, and fight to make sure your voice is heard.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For guidance specific to your situation, please contact our legal team directly.
