Thursday, May 31, 2007
On the record, part II
I had my first speaking part in court today. I accepted a diversion agreement for the state which meant that I had to announce my appearance, "May it please the court, the state is represented by legal intern Earl Richardson . . . ." A little later, I was prepared to state the factual basis for a defendant's plea. If he pleads guilty, his lawyer gives the factual basis, which is essentially a recitation of the facts fulfilling the elements of the crime charged. If he pleads no-contest, I give the factual basis. I spent some time yesterday going over affidavits and case file and writing the factual basis. Well, as luck would have it, he pled guilty, so I had to listen to make sure his attorney covered all the elements. He forgot one element, which I had to pipe up and add in. All in all, an inauspicious start, but a start. Next week I might get to do a probation revocation hearing. That should be interesting.