if an interpreter gives the warnings to a spanish speaking defendant while reading them from the form, but misses a few words and says that he has the right to have an attorney appointed and to speak to that attorney during and after questioning, but doesn't tell him anything about speaking to an attorney prior to questioning, is that substantial compliance?

I believe that is substantial compliance. My assistant prosecutor, who is out of the office this afternoon, wrote a brief on that about a year ago. Next week I will have her reply to you about this.

nlostracco:

I have a brief on substantial compliance. Call me at 325-235-8630 so we can talk.

thanks so much for the response.....the defendant pled to 30 TDC this morning. guess he thought it was substantial compliance too!