Do I get an interpreter in a Florida criminal case?

This page covers interpreters provided by Florida's courts in a criminal case: who is entitled to one, how to ask for one in Palm Beach, Broward, Miami-Dade and Martin counties, what it costs and what an interpreter can and cannot do. Every rule and number comes from the Florida Statutes, the Florida Rules of General Practice and Judicial Administration, or the four circuits' own interpreter pages, listed under Sources. The wider stages of a case are mapped on our criminal defense practice areas page.

Who has the right to a court interpreter in a criminal case?

Rule 2.560(b) of the Florida Rules of General Practice and Judicial Administration is direct: the court "must appoint an interpreter in any criminal or juvenile delinquency proceeding" in which the accused, the parent or legal guardian of an accused juvenile, the victim or the alleged victim "cannot understand or has limited understanding of English or cannot be sufficiently understood in English." The rule defines a limited-English-proficient person as someone who cannot communicate effectively in English because his or her primary language is not English and he or she has not developed fluency in it, including difficulty speaking, reading, writing or understanding English (Rule 2.560(a)(1)).

Witnesses are covered by the Evidence Code instead (Rule 2.560(d)). Section 90.606(1)(a) says that when a judge determines a witness cannot hear or understand English, or cannot express himself or herself well enough in English to be understood, a duly qualified interpreter "shall be sworn to do so." The statute is not limited to other languages: it also applies to a person, such as a child or a person with a mental or developmental disability, who cannot be reasonably understood or cannot understand questioning without an interpreter (s. 90.606(1)(b)).

For a deaf person, s. 90.6063(2) requires the court to appoint a qualified interpreter in all judicial proceedings in which a deaf person is a complainant, defendant, witness or party. Rule 2.540 adds that qualified individuals with a disability are provided accommodations and auxiliary aids "at the court’s expense."

How do you get an interpreter, step by step?

1. Tell your lawyer right away. The request is usually made by the lawyer or the person, not by the judge on the day of court.
2. Find the court date and the courtroom. The request forms ask for the case and the hearing.
3. Use the circuit's request form. Each of the four circuits has its own online form or office, listed below.
4. Ask early. The 15th and 17th Circuits ask for 7 days' notice for most languages, the 19th asks for at least 7 business days, and the 11th uses 3, 5 or 10 business days depending on the language and whether the hearing is in person.
5. For sign language, use the ADA process. Requests for accommodations should be made at least 7 days before the court appearance, or immediately if the notice came later (Rule 2.540(d)(4)); s. 90.6063(4) asks a deaf person to give notice at least 5 days before an appearance, but failing to do so is not a waiver.
6. Confirm and keep the confirmation. The 15th Circuit says a cancellation needs the confirmation number from the request email.

If you are in custody after an arrest, the first hearing comes fast; what happens in the first two days is explained in the first 48 hours after an arrest in Palm Beach or Broward.

How does each South Florida circuit handle interpreter requests?

The Miami-Dade office is open from 8:00 a.m. to 5:00 p.m., Monday through Friday, except court holidays. What the building itself is like is covered in what to expect at the Gerstein Justice Building. In Martin County, the 19th Circuit says there is at least one Spanish interpreter in each courthouse except the St. Lucie West Annex, and that includes the Martin County Courthouse in Stuart, described in the Martin County Courthouse page.

Do I have to pay for a court interpreter?

In a criminal case the interpreter is appointed by the court under Rule 2.560(b); you do not have to hire one for the hearing. Florida law lists "court foreign language and sign-language interpreters and translators essential to comply with constitutional requirements" among the parts of the state courts system paid from state revenues (s. 29.004(5)). The 15th, 17th and 11th Circuits each say that a person who needs a sign language interpreter or accommodation is entitled to one "at no cost to you." None of the four circuits' interpreter pages lists a charge for a spoken language interpreter appointed for the accused.

A different rule applies when a lawyer or a self-represented person hires a private interpreter. Rule 2.565 requires that person, whenever possible, to retain a certified, language skilled or provisionally approved interpreter. If none is available after a diligent search, an interpreter registered with the Office of the State Courts Administrator may be used. Only in exceptional circumstances, for good cause, may someone outside all of those categories be retained, and then the lawyer or self-represented person must first sign a verified declaration and submit a copy to the Office of the State Courts Administrator (Rule 2.565(a) to (e)).

Who can serve as the interpreter?

The court "should appoint a certified or other duly qualified interpreter" whenever possible, with preference to certified and language skilled interpreters, then to provisionally approved ones (Rule 2.560(f)(1)). If none is available after a diligent search, the judge may appoint an interpreter registered with the Office of the State Courts Administrator, but only after finding good cause and deciding on the record that the person is competent (Rule 2.560(f)(2)). In exceptional circumstances the judge may appoint someone outside every category, again with findings on the record (Rule 2.560(f)(3)).

In a criminal case, if the interpreter is not certified, language skilled or provisionally approved, the court must tell the accused so on the record, and the accused's objection or waiver must also be on the record (Rule 2.560(f)(4)). That appointment covers only that proceeding and does not carry over to later hearings without new findings (Rule 2.560(f)(5)). Every interpreter takes an oath to make a true interpretation of the questions and answers (s. 90.606(3)).

A family member who speaks both languages is not a substitute for a court interpreter. The rule's order of preference starts with certified interpreters, and a person outside the categories needs specific findings first.

What changes the answer?

• Your role in the case. The accused, the parent of an accused juvenile, the victim and the alleged victim are covered by Rule 2.560(b); witnesses by s. 90.606 through Rule 2.560(d).
• Deafness or hearing loss. Sign language interpreters follow s. 90.6063 and the ADA process in Rule 2.540, with a separate request.
• The kind of hearing. Rule 2.560 defines a proceeding as a hearing or trial before a judge, magistrate or hearing officer within the state courts, "excluding an administrative hearing" (Rule 2.560(a)(2)). A license hearing before FLHSMV, such as the one in the DUI formal review hearing, is not a court proceeding under that definition.
• Traffic court. The 19th Circuit says its office does not provide interpreters for traffic court, while it does cover all county and circuit criminal hearings and trials; on a criminal traffic charge, ask the office which applies.
• Meetings outside court. The 19th Circuit does not provide interpreters for out-of-court interviews or depositions; Rule 2.565 governs interpreters hired by lawyers.
• The language. Languages of lesser diffusion need more time and may be interpreted remotely, according to the 15th and 17th Circuits.
• Busy days. When the 11th Circuit has more hearings than staff interpreters, first appearances, detention hearings, shelter hearings and final injunction hearings come first, then felony trials, other felony matters and misdemeanor cases.

A worked example

For example, take a hypothetical Pompano Beach man arrested on a misdemeanor charge whose first language is Russian and who reads little English. His family calls a lawyer the next morning. Because the case is in Broward, the lawyer uses the 17th Circuit's online form at least 7 days before the arraignment, since the court's in-house interpreters cover Spanish and Haitian Creole and other languages need notice. At the hearing, the judge confirms the interpreter's status; if the interpreter were not certified, the judge would have to say so on the record and note any objection (Rule 2.560(f)(4)). When a plea offer is discussed later, the interpreter interprets the judge's warnings in full, and the man asks his lawyer, not the interpreter, what they mean. This is a hypothetical walk-through of the rules, not a client's case or a prediction.

Common mistakes about court interpreters

• Waiting until the morning of court to ask; the circuits ask for days of notice for most languages.
• Bringing a relative to interpret instead of requesting a court interpreter.
• Asking the interpreter for legal advice; the 11th Circuit says an interpreter "does not provide legal advice, serve as an advocate, or perform clerical functions."
• Saying you understand English well enough when you do not; a plea or a waiver of rights depends on real understanding (Fla. R. Crim. P. 3.172(c)).
• Forgetting to cancel, or to re-request, when a hearing moves; the 11th Circuit asks for as much notice as possible, and some agencies need 48 or 72 hours.
• Assuming a sign language request goes through the same form as a spoken language request; in several circuits it goes to the ADA coordinator.

What to do this week

1. Write down the case number, courthouse, courtroom and date from the paperwork.
2. Tell your lawyer which language you need, including the dialect if it matters.
3. Submit the circuit's request, or confirm your lawyer has, with at least the notice the circuit asks for.
4. For sign language or another accommodation, contact the circuit's ADA coordinator.
5. Save the confirmation and put the hearing in your calendar; a missed date has its own consequences, described in what happens if you miss a court date.
6. If a plea may come up, read how a plea can affect immigration status before the hearing.

Frequently asked questions

Is what I say through an interpreter confidential?

When a communication would be privileged, such as between a lawyer and a client, the privilege also applies to the interpreter (Rule 2.560(g)). The 11th Circuit adds that interpreters "shall protect the confidentiality of all privileged and other confidential information."

Does the victim or a witness get an interpreter too?

Yes. The victim and the alleged victim are named in Rule 2.560(b), and witnesses are covered by s. 90.606. The 15th, 17th and 11th Circuits say interpreters are appointed for limited-English-proficient witnesses in any proceeding.

Do I need an interpreter at my arraignment?

If you cannot follow the proceeding in English, yes; the arraignment is a criminal proceeding under Rule 2.560(b). Whether you must attend at all is covered in whether you have to go to your arraignment.

What about a juvenile case?

Rule 2.560(b) covers juvenile delinquency proceedings and names the parent or legal guardian of the accused juvenile. The steps after a young person's arrest are in what happens after a juvenile arrest in Palm Beach or Broward.

Can the interpreter appear by video?

The 15th and 17th Circuits say a remote interpreting service may be used for languages of lesser diffusion or unscheduled interpreting, and the 11th Circuit accepts Zoom requests on shorter notice for some languages.

Are interpreters provided at an injunction hearing?

The 15th, 17th and 11th Circuits list domestic violence injunction proceedings among the cases where interpreters are appointed, and the 19th lists domestic violence injunction cases. What that hearing involves is explained in what happens at an injunction hearing.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida. In a case where English is not the client's first language, he can see that the court's interpreter request is filed in time, raise an objection on the record if the interpreter is not qualified, and check that each warning and offer is understood before any decision is made. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

Request a Call Back