This morning we went to the District Court building for preliminary hearings. Judge Maria Ransdell presided over the felony docket. In a preliminary hearing, the judge decides whether there is probable cause to believe that the defendant probably committed the offense with which he is charged.

In the first preliminary hearing, the crime was burglary. Judge Ransdell made sure to clarify the definition of burglary so that all in the courtroom understood exactly what she was seeking probable cause for. The crime of burglary is not just an unlawful entry into a building. The suspect must unlawfully enter the building with the intent to commit a crime. This defendant was also subject to a bond revocation. The preliminary hearing was for the crime of burglary for an incident in which he unlawfully took items from his grandmother's home. He was currently out on bond for similar charges. His grandmother was the person who paid his bond. The judge commented on the fact that the grandmother paid for this defendant to get out on similar charges and then the defendant subsequently stole from her home. This case was held to the grand jury. The grand jury will then determine if there is sufficient evidence to indict this defendant on these charges. If they do indict, the defendant will be prosecuted in Circuit Court.

Another interesting situation arose with a defendant who was attempting to enter a guilty plea. He wanted to accept an offer for a second offense of Driving on a DUI Suspended License and Theft of Identity. On this same date and time, he was also arrested for DUI 3rd offense but he used his brother's name. In attempting to accept this defendant's guilty plea, the judge discovered that this DUI charge had been severed from the charges in which the defendant was attempting to plead guilty. The charge of driving on a DUI Suspended License 2nd Offense would be increased to a felony if the defendant was also arrested for a DUI at the time. Therefore, the guilty plea was not accepted and all three charges were waived to the grand jury.

Additionally, I was very pleased to see that an interpreter was present for all Spanish-speaking defendants. This is very important for these defendants so that they are able to understand the proceedings and also understand the charges against them. The interpreter was present to translate the rights read by the judge that a defendant waives when he/she chooses to plead guilty. For example, a defendant has a right to a trial by jury, a right to appeal, a right to confront witnesses, a right to call and questions his/her own witnesses, and a right to testify. All of these rights were explained to these defendants in Spanish.

There was a rather exciting moment while we were in the courtroom today. A defendant was brought in that was currently in police custody. At one point he attempted to get up from the defense table and walk quickly towards the prosecution table. He was quickly returned to his seat. Then as the judge began to address him, he began shouting. He was shouting things such as that he "loves the Lord, Jesus Christ." He continued to shout as his attorney made a motion for a competency hearing which was quickly granted. The defendant was escorted back into the room off of the courtroom where in-custody defendants were held, where he began to yell even more loudly. Luckily the officers were apparently able to calm him down because we no longer heard his yelling.

I enjoyed attending the District Court Felony Docket this morning. It is good to understand the procedures that some of the felony cases go through before they come to Circuit Court. We interns will report these cases at the morning meeting tomorrow.