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Richardson v. State5/14/2004
Harrell and Battaglia, JJ., Concur; Raker, J., Joins in the Judgment Only.
In this case, we are asked to decide whether showing the defendant, either singly or as a member of a group of defendants, a videotape of a judge giving the advice that Maryland Rule 4-215 (a) requires and subsequently taking him or her before a judge for bail review comply with that rule and to determine the effect, if any, that procedure has on a subsequent determination that the defendant has waived counsel by inaction, pursuant to Rule 4-215 (c) or (d). The Court of Special Appeals, rather than answer either of the issues, remanded the case to the Circuit Court, with instructions that it do so. We shall reverse.
I.
The petitioner, Kurt H. Richardson, was arrested and charged with felony and misdemeanor drug offences and resisting arrest. When he appeared for his bail hearing, rather than being taken directly before the court, he, along with a group of defendants, was shown a videotape. On the videotape, a judge provided advice and instructions, generally as follows:
"THE COURT: Your bail review is not your trial, but is a hearing to determine whether the bail that has been set in your case ought to be increased or decreased or whether you ought to be released on your own recognizance. This is not your opportunity to tell the Court whether you are guilty or not guilty. Each of you should've received a copy of your statement of charges. If you have not received your charging documents please tell the pre-trial representative and the bail review judge, and a copy will be provided to you. You have certain very important rights, please listen carefully. If you are charged with a felony you have a right to preliminary hearing, if you choose to have a preliminary hearing the State must show that there is probable cause that a crime was committed and probable cause that you committed that crime. Your preliminary hearing date is printed on the paper the Court Commissioner gave you. If you are charged with a crime that carries a penalty of more than ninety days incarceration you have a right to a jury trial at the Circuit Court of Baltimore City. A jury is composed of twelve persons picked from the motor and voter rolls of Baltimore City, all twelve jurors must find you guilty beyond a reasonable doubt in order for you to be found guilty. You also have a right to a court trial, where a judge would decide whether you are guilty or not guilty. The standard of proof in a court trial is also beyond a reasonable doubt. Your trial date is printed on the paper the Court Commissioner gave you. Perhaps your most important right is your right to have a lawyer represent you. If you cannot afford to retain a private lawyer to represent you at not cost. The State's Attorney who will be prosecuting the case is a lawyer, the rules of evidence will apply at your trial. If you are not trained in the law and you do not know the rules of evidence you will find that you are at a disadvantage in attempting to represent yourself. A lawyer can help you in many ways, a lawyer can help you investigate your case, and determine if there is a legal defense that you might not know exists. A lawyer can help you question the State's witnesses, call witnesses and question any witnesses that you any have. A lawyer can help you decide whether you should testify or whether you should remain silent. Even if you are found guilty a lawyer can still help you by arguing to the judge about the sentence to be imposed. These are the advantages to having a lawyer. There are only disadvantages in representing yourself. You may retain any lawyer you choose, if you are unable to hire a private attorney you may go to the Public Defender's office
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