[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution. [00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect. [00:09.500 --> 00:11.000] Our liberty depends on it. [00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights. [00:16.500 --> 00:18.500] Privacy is under attack. [00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again. [00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:26.500 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself. [00:32.000 --> 00:34.500] Privacy, it's worth hanging on to. [00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com, [00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing. [00:42.000 --> 00:45.500] Start over with Startpage. [00:45.500 --> 00:47.500] Spar, it's what fighters do. [00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment. [00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you. [00:54.000 --> 00:56.500] Spar with an extra P. [00:56.500 --> 01:03.000] S for speech, P for press, another P for petition, A for assembly, and R for religion. [01:03.000 --> 01:08.500] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion. [01:08.500 --> 01:10.500] But petition for redress is another matter. [01:10.500 --> 01:14.500] We have the right to petition the government for a redress of grievances. [01:14.500 --> 01:17.500] It means that if we're unhappy with what's going on in our government, [01:17.500 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail. [01:21.000 --> 01:30.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:30.500 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution. [01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect. [01:38.000 --> 01:39.500] Our liberty depends on it. [01:39.500 --> 01:43.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way [01:43.000 --> 01:46.000] to remember one of your constitutional rights. [01:46.000 --> 01:48.000] Privacy is under attack. [01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again. [01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:56.500 --> 01:58.000] So protect your rights. [01:58.000 --> 02:01.500] Say no to surveillance and keep your information to yourself. [02:01.500 --> 02:04.000] Privacy, it's worth hanging on to. [02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com, [02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and VIN. [02:12.000 --> 02:15.500] Start over with StartPage. [02:15.500 --> 02:19.500] When I think of the Second Amendment, I visualize myself wrapping my two arms [02:19.500 --> 02:22.000] around the Bill of Rights in a big old bear hug. [02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms, [02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight. [02:30.000 --> 02:33.500] Get it? Two arms, bear hug, bear arms? [02:33.500 --> 02:37.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [02:37.500 --> 02:38.500] when he said, [02:38.500 --> 02:43.500] The right of the citizens to bear arms is just one guarantee against arbitrary government, [02:43.500 --> 02:47.500] one more safeguard against the tyranny which now appears remote in America, [02:47.500 --> 02:51.000] but which historically has proved to always be possible. [02:51.000 --> 03:14.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [03:21.000 --> 03:27.500] What you gonna do? What you gonna do? [03:27.500 --> 03:30.500] Bad boys, bad boys, what you gonna do? [03:30.500 --> 03:33.000] What you gonna do when they come for you? [03:33.000 --> 03:36.000] Bad boys, bad boys, what you gonna do? [03:36.000 --> 03:38.500] What you gonna do when they come for you? [03:38.500 --> 03:41.500] When you were eight and you had bad traits, [03:41.500 --> 03:44.000] you'd go to school and learn the golden rules. [03:44.000 --> 03:47.000] So why are you acting like a bloody fool? [03:47.000 --> 03:49.500] If you get fucked then you might just cool. [03:49.500 --> 03:52.500] Bad boys, bad boys, what you gonna do? [03:52.500 --> 03:54.500] What you gonna do when they come for you? [03:54.500 --> 03:58.000] Bad boys, bad boys, what you gonna do? [03:58.000 --> 04:00.500] What you gonna do when they come for you? [04:00.500 --> 04:03.500] You chuck it on that one, you chuck it on this one. [04:03.500 --> 04:06.000] You chuck it on your mother and you chuck it on your father. [04:06.000 --> 04:08.500] You chuck it on your brother and you chuck it on your sister. [04:08.500 --> 04:11.500] You chuck it on that one and you chuck it on me. [04:11.500 --> 04:14.500] Bad boys, bad boys what you gonna do? [04:14.500 --> 04:16.500] What you gonna do when they come for you? [04:16.500 --> 04:36.180] Whatcha gonna do, whatcha gonna do, when they come for you? [04:36.180 --> 04:36.200] Bad boys, bad boys, whatcha gonna do, whatcha gonna do, when they come for you? [04:36.200 --> 04:36.500] Nobody now giving no break. Police now giving no break. [04:36.500 --> 04:46.020] Okay. Howdy, howdy, Randy Kelton, Brett Fountain, Rue La La Radio, on this the 15th day of April. [04:46.020 --> 04:51.540] 2022, and it's not even Income Tax Day. [04:51.540 --> 04:54.940] Feels like it's going to be, right? [04:54.940 --> 04:58.780] All the pressure's there, and then you realize, oh, you have an extra couple days. [04:58.780 --> 05:02.540] Right after Easter Sunday. [05:02.540 --> 05:04.140] That should make everybody happy. [05:04.140 --> 05:11.580] And turning the phone lines on, if you have a question or comment, give us a call on the [05:11.580 --> 05:17.220] call-in number, 512-646-1984. [05:17.220 --> 05:20.020] We'll be taking your calls all night. [05:20.020 --> 05:26.020] And I'm going to start out with what I started to start out with yesterday. [05:26.020 --> 05:32.820] I had some people want me to do a presentation on the codes that we keep using. [05:32.820 --> 05:39.180] You know, Brett and I keep spitting out all these codes, and people think we've got the [05:39.180 --> 05:42.540] penal code and Code of Criminal Procedure memorized. [05:42.540 --> 05:50.140] Well, just for the record, I don't, Brett does. [05:50.140 --> 05:53.980] So he's responsible for all of that. [05:53.980 --> 05:54.980] But finally... [05:54.980 --> 06:04.100] I thought you were going to say you don't, and then you put me on the spot like I do. [06:04.100 --> 06:05.500] Yeah, I don't. [06:05.500 --> 06:06.500] You do. [06:06.500 --> 06:13.140] We've got to call her, but I don't know if I want to talk to her. [06:13.140 --> 06:14.140] He's kind of a chump. [06:14.140 --> 06:16.140] Should we take the chump? [06:16.140 --> 06:17.140] Yeah. [06:17.140 --> 06:18.140] Okay. [06:18.140 --> 06:19.140] Hello, chump. [06:19.140 --> 06:20.140] Who are you talking to? [06:20.140 --> 06:21.140] You know who I'm talking to. [06:21.140 --> 06:22.140] You have a question directly on point, right? [06:22.140 --> 06:23.140] This is Scott Richardson. [06:23.140 --> 06:24.140] Directly on point. [06:24.140 --> 06:25.140] You haven't started playing anything yet. [06:25.140 --> 06:40.780] Yeah, I just called to see if you need any answers to anything. [06:40.780 --> 06:45.500] Yeah, we do, but we need correct answers. [06:45.500 --> 06:48.620] Well, I plan on giving you those later. [06:48.620 --> 06:53.220] Okay, I was going to go through the codes that we normally use. [06:53.220 --> 07:01.780] You're kind of familiar with the fact that we tend to use the same codes over and over. [07:01.780 --> 07:03.340] There are only a few of them. [07:03.340 --> 07:07.660] The first one, the one we use the most is 39.03. [07:07.660 --> 07:13.100] You want to tell them all about that, Scott? [07:13.100 --> 07:22.340] Well, it's just official oppression on what are they doing basically to operate out of [07:22.340 --> 07:27.900] scope, and once they start operating out of scope, then they could lose their qualified [07:27.900 --> 07:28.900] immunity. [07:28.900 --> 07:33.060] Then that opens them up to all kinds of liability. [07:33.060 --> 07:36.260] It's also a Class A misdemeanor. [07:36.260 --> 07:45.060] If a public official exerts or purports to exert an authority they do not expressly have [07:45.060 --> 07:51.780] or fails to perform a duty they're required to perform, and in the process denies a citizen [07:51.780 --> 07:58.340] full and free access to their introvert or right, that's a Class A misdemeanor in Texas. [07:58.340 --> 08:05.660] That's a pretty big deal, and if they do that while they're prominently displaying a dead [08:05.660 --> 08:10.340] weapon, it gets to be an even bigger deal. [08:10.340 --> 08:16.980] For instance, if they arrest you for something they don't have the authority to arrest you [08:16.980 --> 08:26.900] for, the arrest would be considered assault, taking of your physical body. [08:26.900 --> 08:33.580] Or as Eddie phrases it, seizing you at your liberty. [08:33.580 --> 08:43.620] Yes, and that would be simple assault 22.01, unless you're prominently displaying a dead [08:43.620 --> 08:56.500] weapon, in which case it would be 22.02, a second-degree felony aggravated assault, unless [08:56.500 --> 09:06.140] or except if the individual was acting under the color or pretense of an official capacity [09:06.140 --> 09:10.820] in that case, it would be a felony of the first degree. [09:10.820 --> 09:17.140] When the Rome police officer pulled me over and wrote me a ticket, he didn't have authority [09:17.140 --> 09:22.460] to enforce the transportation code, so he acted under the color of his authority when [09:22.460 --> 09:30.460] he seized me at my liberty, while prominently displaying a dead weapon, so I just sent a [09:30.460 --> 09:35.500] first-degree felony aggravated assault charge against him to his chief of police. [09:35.500 --> 09:38.740] Let's see how that works out. [09:38.740 --> 09:44.780] Anyway, we're getting callers, and we've got two up, so I guess I won't get time to [09:44.780 --> 09:47.060] go through all of this today. [09:47.060 --> 09:51.620] Scott, what did you call for before I bushwhacked you? [09:51.620 --> 10:02.860] Well, I was going to do some quasi-crowing, and just had a little encounter with the Emory [10:02.860 --> 10:13.100] Police about four or five days ago, and that was over in Raines County, and I had gone [10:13.100 --> 10:21.620] through the ringer over in Raines County and did a lot of proactive work at my favor, and [10:21.620 --> 10:30.180] so obviously it might have had a little positive effect on me being able to go around there [10:30.180 --> 10:39.020] and not have to worry about a few things, but anyhow, I was coming home one night after [10:39.020 --> 10:40.020] fishing and stuff. [10:40.020 --> 10:47.420] I was out there in the country in Raines County, and this Emory cop pulls me over. [10:47.420 --> 10:53.140] I was just about to come out of town, and the speed limit was 55. [10:53.140 --> 11:00.100] I just set it to 65, and right there was a little school, and there was a cop there. [11:00.100 --> 11:07.100] As soon as I blew right past him, he threw one of his cherries, and I was like, ah, shit, [11:07.100 --> 11:08.100] everything. [11:08.100 --> 11:15.740] So anyhow, I pull over, and as soon as I did, he came up to the window, and I'm just sitting [11:15.740 --> 11:18.900] there, and of course, I just crack it just enough to stick my license and everything [11:18.900 --> 11:21.780] through, and so I just handed him the license. [11:21.780 --> 11:26.260] I didn't say a word to him, and he goes, sir, the reason I pulled you over, you were doing [11:26.260 --> 11:28.260] 65 and a 55. [11:28.260 --> 11:29.260] I didn't say nothing. [11:29.260 --> 11:34.580] I just had my stuff sticking out there, and he grabbed it, and he goes, you do realize [11:34.580 --> 11:35.580] how fast you were going. [11:35.580 --> 11:42.660] I said, yes, sir, and I didn't say nothing else, and he was like, oh, okay, and so he [11:42.660 --> 11:48.540] walks back to his little Suburban, and it was pitch black out there, it was dark, and [11:48.540 --> 11:54.140] all of a sudden, some of the lights kind of got less bright, like he turned off some of [11:54.140 --> 11:59.060] these lights, and so I was like, is it me, or did it just get a little bit darker around [11:59.060 --> 12:00.060] here? [12:00.060 --> 12:04.780] I was thinking, oh, well, let's see if another car pulls up here, about two minutes later, [12:04.780 --> 12:10.620] he comes bouncing out of that thing, and he says, sir, this is just a warning, here's [12:10.620 --> 12:16.420] your license, here's your insurance, be very careful getting back on the road, and have [12:16.420 --> 12:17.420] a good day. [12:17.420 --> 12:22.420] He turned around and got right on out of there, boy, and I was like, okay, and man, I put [12:22.420 --> 12:26.340] it in drive and cruised, hauled on out of there. [12:26.340 --> 12:35.180] So no confrontation at all, and I called you, and I told you about it, and he goes, yeah, [12:35.180 --> 12:39.700] he probably turned out that light, just so you could read the computer screen to see, [12:39.700 --> 12:44.780] look at all the red flags, and do not detain on your license. [12:44.780 --> 12:50.060] Yeah, he decided real quick, once he had a chance to look things up, he decided he didn't [12:50.060 --> 12:51.540] want to be messing with you. [12:51.540 --> 12:59.140] Yeah, he was like, well, I've got other things better to do tonight, so the knife is very [12:59.140 --> 13:04.900] young, I've got other fish I can catch, so I thought... [13:04.900 --> 13:14.980] Good, that's what happens when you fight them, so that's what happens when you fight them, [13:14.980 --> 13:20.180] they really don't like to fight, they like to bully around and do whatever they want [13:20.180 --> 13:26.100] to do, and they want you to be a docile little sheepy dude. [13:26.100 --> 13:31.020] I just coined that new term, docile little sheepy dude, you think that will catch on, [13:31.020 --> 13:32.020] Brett? [13:32.020 --> 13:39.180] Oh, maybe if your friend starts saying it on his outlets, then maybe it'll start catching [13:39.180 --> 13:40.180] on. [13:40.180 --> 13:41.180] Okay. [13:41.180 --> 13:55.500] Okay, so you had a good experience, you got out of a speeding ticket. [13:55.500 --> 14:05.100] Only because I had to do a lot of fighting, back in the day, 2015, 2013, all that stuff, [14:05.100 --> 14:11.100] but it will pay off down the road, and plus, I already knew what I was going to do, and [14:11.100 --> 14:17.220] if people were going to rob me a ticket, it was like, just have a couple of questions [14:17.220 --> 14:25.100] for him, and that would have been it, and then the paper, oh, information request, oh, [14:25.100 --> 14:26.100] it would have gotten... [14:26.100 --> 14:27.100] Yeah. [14:27.100 --> 14:28.860] Did you fall off your stool? [14:28.860 --> 14:29.860] Huh? [14:29.860 --> 14:38.860] Did you fall off your stool, or you kind of broke in the middle of the street, or something [14:38.860 --> 14:39.860] like that? [14:39.860 --> 14:42.860] Or you kind of broke in the middle of the sololable? [14:42.860 --> 14:49.660] No, I was just saying, I already kind of knew what I was going to do, if I had to go through [14:49.660 --> 14:56.580] the fight, but they didn't want the fight, and I'm out of there good to go, so take it [14:56.580 --> 15:03.180] through, is all I can say, and stand up for your rights, and that's, you'll learn something, [15:03.180 --> 15:05.180] so other than that... [15:05.180 --> 15:10.020] You only have to get jerked through your window once. [15:10.020 --> 15:20.620] Well, yeah, only once, and then, you know, and go visit the Who Scouts a couple of times, [15:20.620 --> 15:29.020] but yeah, you certainly will figure out how the system really works, and how to start [15:29.020 --> 15:34.180] applying pressure by filing criminal charges against them. [15:34.180 --> 15:40.900] So at the end of the day, considering that couple of years where you really worked on [15:40.900 --> 15:44.700] them, was it worth it? [15:44.700 --> 15:47.700] Of course. [15:47.700 --> 15:48.700] Good. [15:48.700 --> 15:55.500] It is worth it, when you don't have to be afraid of these guys anymore, and you don't [15:55.500 --> 16:00.860] have to get drugged out your window and thrown in jail, and we're working on practices to [16:00.860 --> 16:06.940] keep that from happening, and primarily the way we do that is we don't fight with police [16:06.940 --> 16:07.940] on the street. [16:07.940 --> 16:12.740] We pick the fight later, and you know, Scott got pulled over, and he didn't pick a fight, [16:12.740 --> 16:19.700] he didn't mess with the cop, and the fact that you just responded yes, you knew how [16:19.700 --> 16:25.300] fast you were going, and said nothing else, warned the cop. [16:25.300 --> 16:29.900] Said, this guy's not acting right. [16:29.900 --> 16:36.620] So he went back and checked, and sure enough, when you learn how to handle these guys, you [16:36.620 --> 16:41.420] have a lot less problems, and your life is better. [16:41.420 --> 16:43.420] You're not afraid of your environment anymore. [16:43.420 --> 16:47.380] Hang on, I have to go to our sponsors. [16:47.380 --> 16:49.780] Randy Keller, are you done, Scott? [16:49.780 --> 16:50.780] I am. [16:50.780 --> 16:51.780] Have a good night. [16:51.780 --> 16:52.780] Okay. [16:52.780 --> 16:53.780] Thank you, Scott. [16:53.780 --> 17:00.340] Randy Keller, Brett Fountain, we'll be right back. [17:00.340 --> 17:05.020] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [17:05.020 --> 17:09.140] Stop debt collectors now with the Michael Mears proven method. [17:09.140 --> 17:13.460] Michael Mears has won six cases in federal court against debt collectors, and now you [17:13.460 --> 17:14.460] can win two. [17:14.460 --> 17:19.260] You'll get step-by-step instructions in plain English on how to win in court using federal [17:19.260 --> 17:20.260] civil rights statutes. [17:20.260 --> 17:25.740] What to do when contacted by phone, mail, or court summons, how to answer letters and [17:25.740 --> 17:30.140] phone calls, how to get debt collectors out of your credit report, how to turn the financial [17:30.140 --> 17:33.900] tables on them and make them pay you to go away. [17:33.900 --> 17:39.020] The Michael Mears proven method is the solution for how to stop debt collectors. [17:39.020 --> 17:41.020] Personal consultation is available as well. [17:41.020 --> 17:46.700] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [17:46.700 --> 17:49.700] or email michaelmears at yahoo.com. [17:49.700 --> 17:58.700] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [17:58.700 --> 17:59.700] collectors now. [17:59.700 --> 18:04.700] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [18:04.700 --> 18:08.580] In today's America, we live in an us-against-them society, and if we, the people, are ever going [18:08.580 --> 18:12.180] to have a free society, then we're going to have to stand and defend our own rights. [18:12.180 --> 18:15.740] Among those rights are the right to travel freely from place to place, the right to act [18:15.740 --> 18:19.780] in our own private capacity, and most importantly, the right to due process of law. [18:19.780 --> 18:23.620] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [18:23.620 --> 18:24.980] our rights through due process. [18:24.980 --> 18:28.980] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [18:28.980 --> 18:32.740] most comprehensive teaching tool available that will help you understand what due process [18:32.740 --> 18:35.140] is and how to hold courts to the rule of law. 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[19:09.460 --> 19:37.460] Thank you, Justice, yeah, whoa, the world is spinning like it's on fire, yeah, whoa, [19:37.460 --> 19:43.260] the world is spinning like it's out of control, on the edge of a hole, inside a deep dark [19:43.260 --> 19:53.100] hole, I'm always on the lookout for something to soothe my soul, so I sit back and I watch [19:53.100 --> 20:08.740] the evidence unfold, and I see justice is the goal, yeah, justice is the goal. [20:08.740 --> 20:19.180] Okay, howdy, howdy, Ray DeKalcom, Brett Fountain, ruleoflawradio, and we're going to Barrett [20:19.180 --> 20:28.620] in Colorado or Arizona somewhere, Barrett, we seem to remember something about you, you [20:28.620 --> 20:36.500] were in one state and had an issue about another state, right, I do, I do, I was arrested about [20:36.500 --> 20:42.500] nine months ago, and I was not taken before a magistrate, which I really wanted to be, [20:42.500 --> 20:46.260] and I told the jail officers, you know, I really want to see a magistrate before you're [20:46.260 --> 20:51.540] locked in the cell, I told them that, and they didn't do it, and I didn't see a magistrate [20:51.540 --> 20:54.940] for about 20 hours, I was in that cell. [20:54.940 --> 20:55.940] What state? [20:55.940 --> 21:01.660] To where they, to where I can... [21:01.660 --> 21:03.660] What state did this occur in? [21:03.660 --> 21:12.100] It's Arizona, St. John's, Arizona, St. John's jail, Arizona, matter of fact, county jail. [21:12.100 --> 21:19.100] Okay, so are you living in, you're listed on our database with both Colorado and Arizona, [21:19.100 --> 21:20.660] are you living in Arizona? [21:20.660 --> 21:25.460] Yeah, now I'm living in Arizona because I bought property out here. [21:25.460 --> 21:28.500] Okay, okay, now I know who you are. [21:28.500 --> 21:31.740] So they impounded your car? [21:31.740 --> 21:32.740] Yeah. [21:32.740 --> 21:39.180] So what's the, what's the, what's the situation now? [21:39.180 --> 21:47.660] Well, they keep putting it off, it's been over a year now, and my Sixth Amendment right [21:47.660 --> 21:54.860] to a speedy trial has been violated at least five times, and I told the judge, the traffic [21:54.860 --> 22:02.820] judge, who represents the plaintiff, which is the state, I'm like... [22:02.820 --> 22:08.940] Okay, okay, it doesn't help us for you to make those kinds of dispersions. [22:08.940 --> 22:18.460] The traffic judge is representing the state, and have you filed a motion to dismiss for [22:18.460 --> 22:20.460] denial of speedy trial? [22:20.460 --> 22:26.420] Yes, well, I didn't file it in paperwork, I just told the judge, hey, you know, this [22:26.420 --> 22:28.380] has been going on a long time. [22:28.380 --> 22:32.580] You didn't file it, all you did was complain. [22:32.580 --> 22:38.020] You need to write up a speedy trial motion. [22:38.020 --> 22:44.460] What does the speedy trial statute in Arizona say? [22:44.460 --> 22:50.460] It says 70 days, 70 days. [22:50.460 --> 22:52.900] Seventy days for what? [22:52.900 --> 22:58.620] A speedy trial for you to get a speedy trial is 70 days. [22:58.620 --> 23:00.380] Okay, is this... [23:00.380 --> 23:02.380] You say seven, like one week? [23:02.380 --> 23:05.900] No, 70, I think he said. [23:05.900 --> 23:11.420] Yeah, seven days, like two months and 10 days. [23:11.420 --> 23:18.780] Okay, you need to prepare and file a motion to dismiss for denial of speedy trial. [23:18.780 --> 23:27.420] And when they deny it, then you prepare and file a petition for writ of mandamus to the [23:27.420 --> 23:35.140] court of appeals, asking the court of appeals to dismiss the case for lack of subject matter [23:35.140 --> 23:44.500] jurisdiction because the trial court exceeded their statutory time limit and lost jurisdiction. [23:44.500 --> 23:50.620] But you can't do this just complaining. [23:50.620 --> 23:55.060] You have to read the codes. [23:55.060 --> 23:58.300] You can't just say they did something wrong. [23:58.300 --> 24:06.380] We have a rule, one of Randy Kelton's, in the gospel according to Randy Kelton, one [24:06.380 --> 24:14.820] of the commandments is never make a proactive statement of law out of your own mouth. [24:14.820 --> 24:19.940] You can't go to them and say, hey, they denied my speedy trial right. [24:19.940 --> 24:27.580] No, you have to say they held me, they accused me of this crime on this day, they arrested [24:27.580 --> 24:34.300] me on this day and I was brought before the court on this day and it has been this many [24:34.300 --> 24:42.300] days without an adjudication of the case and the speedy trial act gives them this number [24:42.300 --> 24:43.300] of days. [24:43.300 --> 24:51.380] Therefore, they are the result of X number of days past their jurisdiction according [24:51.380 --> 24:57.140] to this statute, he asked the court to dismiss. [24:57.140 --> 25:03.420] So I got to look at the statute. [25:03.420 --> 25:06.860] That is a really good idea. [25:06.860 --> 25:19.460] Not just the statute, go online Arizona and do a search for speedy trial brief or treatise. [25:19.460 --> 25:25.700] I don't bother with Lexis, Westlaw, any of those search engines anymore, they're wasting [25:25.700 --> 25:27.220] my time. [25:27.220 --> 25:36.180] I go online and look for cases, the first thing I want are briefs or treatises and if [25:36.180 --> 25:43.580] you do a search you will find treatises by college students, they have college students, [25:43.580 --> 25:47.260] graduate students who are getting close to getting out of college, one of the things [25:47.260 --> 25:51.620] they have them do is write up treatises on these different issues. [25:51.620 --> 25:56.260] They got all the case law in there, they got all the arguments, they make the arguments [25:56.260 --> 25:59.980] a whole lot better than you can make them. [25:59.980 --> 26:05.820] So pull down some of these treatises, they go through the whole subject for you, just [26:05.820 --> 26:12.580] that one subject, you don't need to learn all of the law on the planet, just that one [26:12.580 --> 26:20.940] subject to look for briefs or treatises, a brief will be an argument that a lawyer filed [26:20.940 --> 26:25.980] in a court case in support of his claim for speedy trial. [26:25.980 --> 26:31.580] And just go in there and read his brief and you'll find places you can just cut and paste [26:31.580 --> 26:34.380] into your document. [26:34.380 --> 26:41.340] If you've seen my documents, you don't really think I write all that stuff, do you? [26:41.340 --> 26:48.140] That would be nuts, I got lawyers and judges who do a lot better job than me, all I do [26:48.140 --> 26:53.940] is put headings on it and put stuff in quotes and make it look free. [26:53.940 --> 26:58.380] I am an accomplished plagiarist and you need to be the same thing. [26:58.380 --> 27:06.380] So go look this stuff up, you'll find it's interesting reading. [27:06.380 --> 27:12.580] They write these briefs really well, they will help you wrap your head around the subject [27:12.580 --> 27:19.660] matter and then you just don't come in wiping and complaining at the court because the judge [27:19.660 --> 27:23.900] really can't pay any attention to that. [27:23.900 --> 27:31.740] The judge has two primary duties, he has some secondary duties or maintaining the decor [27:31.740 --> 27:40.220] of the court, maintaining his calendar and ensure that the cases get through and some [27:40.220 --> 27:47.820] administrative stuff like that but his primary duty is to determine the facts in accordance [27:47.820 --> 27:54.260] with the rules of evidence, then apply the law as it comes to him to the facts in the [27:54.260 --> 27:55.260] case. [27:55.260 --> 27:57.260] That's his job. [27:57.260 --> 28:02.180] So if you go in there and tell him they did this wrong and they mistreated me and blah [28:02.180 --> 28:10.380] blah blah, you can make the most compelling arguments and he can agree with you. [28:10.380 --> 28:18.220] But if you haven't give him facts and law as it applies to those facts, he has no power [28:18.220 --> 28:26.580] to rule in your favor and we go into court and we tell them how horrible the police have [28:26.580 --> 28:33.300] been, they've rotten stuff they did but we don't give them facts and the law as it applies [28:33.300 --> 28:41.300] to those facts so we've given the judge nothing he can work with and he's not supposed to [28:41.300 --> 28:45.580] tell you that because he's not your lawyer. [28:45.580 --> 28:54.820] I once said as a judge in a mock trial and it was surprisingly difficult, listening to [28:54.820 --> 29:01.180] these two guys spouting a bunch of BS patriot mythology and I know this guy's going to go [29:01.180 --> 29:08.900] to jail and I can't tell him that that's patriot mythology. [29:08.900 --> 29:17.540] I've got to sit there and hope he gives me something I can rule on in his favor. [29:17.540 --> 29:20.220] He never did. [29:20.220 --> 29:26.140] He wound up going to prison, he did two mock trials and he pulled people off the street [29:26.140 --> 29:32.940] to sit as a mock jury and the mock juries found him guilty both times and the trial [29:32.940 --> 29:37.180] in Pennsylvania put him in jail for two years. [29:37.180 --> 29:44.540] You've got to give him facts and law, facts and law as it applies to those facts and these [29:44.540 --> 29:50.500] treatises and briefs will show you exactly how to do that, it's not hard at all. [29:50.500 --> 29:58.420] Randy Kelton, Brett Fountain, Rue de la Radio, a call in number 512-646-1984, we'll be right [29:58.420 --> 29:59.420] back. [29:59.420 --> 30:06.300] It's clear cell phones have changed the way we live and work but have they negatively [30:06.300 --> 30:07.300] affected our health? [30:07.300 --> 30:11.460] I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how [30:11.460 --> 30:15.780] cell phones may actually alter our brain chemistry. [30:15.780 --> 30:17.380] Privacy is under attack. [30:17.380 --> 30:21.780] When you give up data about yourself, you'll never get it back again and once your privacy [30:21.780 --> 30:25.740] is gone, you'll find your freedoms will start to vanish too. [30:25.740 --> 30:30.860] So protect your rights, say no to surveillance and keep your information to yourself. [30:30.860 --> 30:33.520] Privacy, it's worth hanging on to. [30:33.520 --> 30:37.820] This public service announcement is brought to you by Startpage.com, the private search [30:37.820 --> 30:41.340] engine alternative to Google, Yahoo and Bing. [30:41.340 --> 30:45.180] Start over with Startpage. [30:45.180 --> 30:49.380] Cell phones emit radio frequency energy, it's a fact, but whether it's dangerous to have [30:49.380 --> 30:52.700] a phone beaming this kind of radiation near your head has been disputed. [30:52.700 --> 30:57.660] Some have blamed it for brain tumors while cell phone companies have downplayed concerns. [30:57.660 --> 31:01.700] Well now the Journal of the American Medical Association is confirming that cell phones [31:01.700 --> 31:02.700] affect brain chemistry. [31:02.700 --> 31:08.300] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest [31:08.300 --> 31:11.980] to the cell phone antenna increases when the cell phone is on. [31:11.980 --> 31:15.900] While researchers aren't sure whether this exposure causes damage, I'm not taking any [31:15.900 --> 31:16.900] chances. [31:16.900 --> 31:20.340] I always keep the phone far from my body and I use a corded headset. [31:20.340 --> 31:30.620] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [31:30.620 --> 31:31.620] I lost my son. [31:31.620 --> 31:32.620] My nephew. [31:32.620 --> 31:33.620] My uncle. [31:33.620 --> 31:34.620] My son. [31:34.620 --> 31:35.620] On September 11, 2001. [31:35.620 --> 31:38.900] People don't know that a third tower fell on September 11. [31:38.900 --> 31:42.940] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [31:42.940 --> 31:48.860] Although the official explanation is that fire brought down Building 7, over 1,200 architects [31:48.860 --> 31:52.580] and engineers have looked into the evidence and believe there is more to the story. [31:52.580 --> 31:54.060] Bring justice to my son. [31:54.060 --> 31:55.060] My uncle. [31:55.060 --> 31:56.060] My nephew. [31:56.060 --> 31:57.060] My son. [31:57.060 --> 31:58.060] Go to buildingwatch.org. [31:58.060 --> 32:01.820] Why it fell, why it matters, and what you can do. [32:01.820 --> 32:06.220] Are you looking to have a closer relationship with God and a better understanding of His [32:06.220 --> 32:07.220] Word? [32:07.220 --> 32:11.900] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for [32:11.900 --> 32:16.940] Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy [32:16.940 --> 32:17.940] 2.15. [32:17.940 --> 32:23.260] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [32:23.260 --> 32:25.660] dividing the word of truth. [32:25.660 --> 32:29.660] Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse [32:29.660 --> 32:32.980] by verse and discuss the true Gospel message. [32:32.980 --> 32:37.620] Our second-hour topical studies will vary each week with discussions on sound doctrine [32:37.620 --> 32:40.020] and Christian character development. [32:40.020 --> 32:44.540] We wish to reflect God's light and be a blessing to all those with a hearing ear. [32:44.540 --> 32:48.900] Our goal is to strengthen our faith and to transform ourselves more into the likeness [32:48.900 --> 32:50.380] of our Lord and Savior Jesus. [32:50.380 --> 32:57.780] So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and [32:57.780 --> 33:01.140] motivate your studies of the Scriptures. [33:01.140 --> 33:09.220] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [33:09.220 --> 33:28.700] Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them. [33:28.700 --> 33:31.700] Okay. [33:31.700 --> 33:49.220] We are back, Randy Kelton, Brett Fountain, and Rue La Blah Radio, and we're talking to [33:49.220 --> 33:52.820] Barrett in Arizona. [33:52.820 --> 34:01.620] So what has been happening lately, why did you call in? [34:01.620 --> 34:09.740] Um, this case has taken so long to go through that I no longer can sue the police officer [34:09.740 --> 34:12.260] because the statute of limitations has expired. [34:12.260 --> 34:15.260] It's a year, isn't it? [34:15.260 --> 34:17.260] No, it hasn't. [34:17.260 --> 34:19.980] Statute of limitations hasn't even started yet. [34:19.980 --> 34:20.980] Why? [34:20.980 --> 34:28.740] As long as, until the case is over, the statute of limitations for his behavior hasn't started. [34:28.740 --> 34:29.740] Oh, good. [34:29.740 --> 34:32.060] So I still have a whole year? [34:32.060 --> 34:34.060] Yeah, more than that. [34:34.060 --> 34:36.860] They hadn't ended the case yet. [34:36.860 --> 34:39.860] So go ahead and sue him. [34:39.860 --> 34:42.380] So after, okay, let me see if I got this straight. [34:42.380 --> 34:46.180] So when I go to court, I intend on winning this trial. [34:46.180 --> 34:50.060] I intend on winning it because I have so much evidence against this cop. [34:50.060 --> 34:51.060] It's pathetic. [34:51.060 --> 34:53.060] But, um, so- [34:53.060 --> 34:57.820] Okay, evidence is not enough. [34:57.820 --> 35:05.860] You have to have law, or I'm sorry, you have to have facts and law as it applies to those [35:05.860 --> 35:06.860] facts. [35:06.860 --> 35:08.820] I know I need to step up. [35:08.820 --> 35:09.820] I know that. [35:09.820 --> 35:15.100] Yeah, you can't just say the dirty rotten scoundrel did this and that and the other. [35:15.100 --> 35:19.940] You need to pull some, have you read any case law? [35:19.940 --> 35:20.940] I haven't. [35:20.940 --> 35:24.140] I need to know where to find that where I could find stuff like that. [35:24.140 --> 35:25.140] Okay. [35:25.140 --> 35:31.580] And in that case, what you need to do is take the phone and beat yourself around the eyes [35:31.580 --> 35:35.540] and the ears and knock some sense into yourself. [35:35.540 --> 35:37.980] Go read some cases. [35:37.980 --> 35:40.580] You will find they're very interesting. [35:40.580 --> 35:42.940] They tell great stories. [35:42.940 --> 35:43.940] One of my favorite ones. [35:43.940 --> 35:46.940] He's saying he doesn't know. [35:46.940 --> 35:49.660] Oh, go ahead. [35:49.660 --> 35:50.660] Go ahead. [35:50.660 --> 35:51.660] I wasn't listening to you, Barrett. [35:51.660 --> 35:54.140] You said you don't know how to find them? [35:54.140 --> 35:55.580] He doesn't know where to look for him. [35:55.580 --> 35:59.660] He doesn't know how to, how to pull them up. [35:59.660 --> 36:14.220] Just go in and type G-O-O-G-L-E Google, just go on Google and put in a false arrest, put [36:14.220 --> 36:18.780] in whatever your issue is. [36:18.780 --> 36:22.340] This is the 21st century. [36:22.340 --> 36:25.580] I forget that sometimes. [36:25.580 --> 36:29.700] Sometimes I sit around and, okay, how am I going to find this information? [36:29.700 --> 36:32.460] And that's because I'm old school. [36:32.460 --> 36:43.460] You know, I was around, I was taking programming courses when there were no desktop computers. [36:43.460 --> 36:46.620] The fact that when they're, when they invented the zeros and the ones. [36:46.620 --> 36:47.620] Yeah. [36:47.620 --> 36:49.620] I think that they were all in black and white. [36:49.620 --> 36:50.620] Yes. [36:50.620 --> 36:56.700] And he wrote in machine language that no human being could understand. [36:56.700 --> 37:01.740] And with all these advancements, I sometimes forget that everything I need is right there [37:01.740 --> 37:09.140] on Google and AI is, has infiltrated Google big time. [37:09.140 --> 37:17.940] Most people use Google and they don't realize how much of that is AI. [37:17.940 --> 37:24.940] When the internet first started, the, in order to be effective on the internet, you had to [37:24.940 --> 37:30.740] understand how to craft your queries. [37:30.740 --> 37:35.980] You had to craft them very carefully to find the information you need. [37:35.980 --> 37:36.980] You don't anymore. [37:36.980 --> 37:41.740] They speak English better than speaking English. [37:41.740 --> 37:45.820] They understand English. [37:45.820 --> 37:56.060] You can ask Google a question just like you can ask me and Google will give you good answers. [37:56.060 --> 38:08.460] So just go on Google and say Arizona traffic ticket limitations and that'll give you good [38:08.460 --> 38:21.060] hits and case law maybe or Arizona traffic ticket, treatise and briefs. [38:21.060 --> 38:27.140] It will go, it will understand the sentence that you're telling it. [38:27.140 --> 38:33.420] Like a human being would and go find your briefs and treatises. [38:33.420 --> 38:37.980] You may have to go through a few and it's good to go through a few. [38:37.980 --> 38:42.900] Because you'll read some and this one's off point, you'll read the next one and this one's [38:42.900 --> 38:43.900] off point. [38:43.900 --> 38:51.940] But while you're reading these, you'll begin to see that they're all talking about essentially [38:51.940 --> 38:54.780] the same things. [38:54.780 --> 38:59.380] That most of what you're seeing is the same and then there's some variations. [38:59.380 --> 39:08.380] By reading several different cases or treatises or briefs, you will very quickly get a good [39:08.380 --> 39:12.020] handle on all the basics. [39:12.020 --> 39:22.020] So there, just go to Google, do a search for Arizona traffic ticket defense and you can [39:22.020 --> 39:30.780] qualify that by Arizona traffic ticket defense speedy trial and it'll go find you stuff right [39:30.780 --> 39:31.780] on point. [39:31.780 --> 39:34.780] Does that make sense, Brett? [39:34.780 --> 39:38.140] Yes, yes it does. [39:38.140 --> 39:45.220] If that doesn't work, just go out into the street and flag down the first 10-year-old [39:45.220 --> 39:54.900] man you see and have him explain to you that this is the 21st century you old buzzard. [39:54.900 --> 39:57.780] I have to do this on a regular basis. [39:57.780 --> 40:04.180] I was in the Walmart and this woman was pushing a cart and had this little baby that couldn't [40:04.180 --> 40:11.020] have been over a year and a half, maybe two years old and was sitting hunched over with [40:11.020 --> 40:17.700] a cell phone in her lap just punching away and I stopped the woman and said, ma'am, I [40:17.700 --> 40:21.500] got this new cell phone and I can't figure out how it works. [40:21.500 --> 40:25.780] Will you have her show me how this works? [40:25.780 --> 40:31.020] She assured me that the little girl could. [40:31.020 --> 40:36.660] So if you can't figure it out, ask one of the kids, they'll explain it to you. [40:36.660 --> 40:39.860] Okay, do you have any other questions? [40:39.860 --> 40:45.820] Yeah, I just want to make sure that I have this straight at the judge because I've got [40:45.820 --> 40:55.660] the motion to dismiss paperwork to send in to the court where I'm being tried at and [40:55.660 --> 41:04.820] I'm going to say the arrest date and all the details and how long it's been going on and [41:04.820 --> 41:08.420] that I'd like this to be dismissed. [41:08.420 --> 41:14.460] Okay, okay, I'm hearing something that I'm not liking to hear. [41:14.460 --> 41:16.140] Okay. [41:16.140 --> 41:24.020] You're still old school and you're thinking in terms of talking to the court and telling [41:24.020 --> 41:26.060] the court what you want them to know. [41:26.060 --> 41:29.420] Stop thinking in those terms. [41:29.420 --> 41:34.620] You might want to put a piece of tape across your mouth when you go into the court so you [41:34.620 --> 41:36.420] don't open your mouth. [41:36.420 --> 41:42.340] If you know you're going to go into the court and you can't open your mouth, everything [41:42.340 --> 41:47.340] you need before the court must be in your documentation. [41:47.340 --> 41:52.500] You mean it's not all going to unfold like Perry Mason and you can just keep on explaining [41:52.500 --> 41:54.500] whatever you want? [41:54.500 --> 41:57.740] Absolutely not. [41:57.740 --> 42:04.900] You need it in the paperwork and I counsel people when you go into court, do not argue [42:04.900 --> 42:07.860] your issues. [42:07.860 --> 42:12.020] You are out of your league. [42:12.020 --> 42:17.780] All you're going to do by opening your mouth is give the prosecutor tools he can use to [42:17.780 --> 42:19.300] beat you up with. [42:19.300 --> 42:20.300] Yes. [42:20.300 --> 42:28.700] Put all of your facts and law in your documents and when the judge asks you to argue your [42:28.700 --> 42:35.900] issues to him, I stand on my documentation and we've had judges say, well, if you don't [42:35.900 --> 42:38.500] argue your issue, I'm going to rule against you. [42:38.500 --> 42:43.980] Then you tell the judge, I don't really care how you rule, Judge. [42:43.980 --> 42:48.340] I'm just here to get the facts and law on the record so you just do anything you want [42:48.340 --> 42:49.340] to. [42:49.340 --> 42:52.860] It won't hurt my feelings. [42:52.860 --> 42:53.860] That'll hurt his feelings. [42:53.860 --> 42:54.860] Yes. [42:54.860 --> 42:55.860] It will. [42:55.860 --> 43:04.420] But if he can get you to argue your issues, he will clobber you and never, ever go to [43:04.420 --> 43:07.980] the merits. [43:07.980 --> 43:13.700] I wasn't driving too fast, the sign, I was, I couldn't see the sign, the sign didn't [43:13.700 --> 43:16.220] apply to me, blah, blah, blah. [43:16.220 --> 43:17.220] Don't go there. [43:17.220 --> 43:21.220] Yeah, that's the last place. [43:21.220 --> 43:29.140] Because when you get to the merits, it essentially goes to the discretion of the court. [43:29.140 --> 43:31.700] You want to go to jurisdiction. [43:31.700 --> 43:35.700] You want to go to speedy trial. [43:35.700 --> 43:39.420] Don't go to what happened when you got the ticket, but they'll rule against you every [43:39.420 --> 43:42.380] time and you won't have much of a fight against them. [43:42.380 --> 43:44.380] Does that make sense? [43:44.380 --> 43:45.380] Yes. [43:45.380 --> 43:46.380] Okay. [43:46.380 --> 43:47.380] Hang on. [43:47.380 --> 43:52.220] We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio, [43:52.220 --> 43:59.580] our call in number, 512-646-1984, we got some space on the board, so give us a call, we'll [43:59.580 --> 44:00.580] be right. [44:00.580 --> 44:05.340] Through advances in technology, our lives have greatly improved, except in the area [44:05.340 --> 44:06.740] of nutrition. [44:06.740 --> 44:11.460] People feed their pets better than they feed themselves, and it's time we changed all that. [44:11.460 --> 44:17.740] Our primary defense against aging and disease in this toxic environment is good nutrition. [44:17.740 --> 44:23.500] In a world where natural foods have been irradiated, adulterated, and mutilated, Young Jevity can [44:23.500 --> 44:25.700] provide the nutrients you need. [44:25.700 --> 44:30.580] Logos Radio Network gets many requests to endorse all sorts of products, most of which [44:30.580 --> 44:31.580] we reject. [44:31.580 --> 44:36.960] We have come to trust Young Jevity so much, we became a marketing distributor along with [44:36.960 --> 44:39.820] Alex Jones, Ben Fuchs, and many others. [44:39.820 --> 44:46.180] When you order from LogosRadioNetwork.com, your health will improve as you help support [44:46.180 --> 44:47.180] quality radio. [44:47.180 --> 44:51.740] As you realize the benefits of Young Jevity, you may want to join us. [44:51.740 --> 44:57.340] As a distributor, you can experience improved health, help your friends and family, and [44:57.340 --> 44:59.300] increase your income. [44:59.300 --> 45:00.300] Order now. [45:00.300 --> 45:04.460] Are you the plaintiff or defendant in a lawsuit? [45:04.460 --> 45:07.700] Win your case without an attorney with jurisdictionary. [45:07.700 --> 45:14.340] The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by [45:14.340 --> 45:15.340] step. [45:15.340 --> 45:18.980] If you have a lawyer, know what your lawyer should be doing. [45:18.980 --> 45:23.220] If you don't have a lawyer, know what you should do for yourself. [45:23.220 --> 45:28.900] Thousands have won with our step-by-step course, and now you can too. [45:28.900 --> 45:34.820] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.820 --> 45:39.340] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.340 --> 45:43.620] principles and practices that control our American courts. [45:43.620 --> 45:49.860] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.860 --> 45:52.060] pro se tactics, and much more. [45:52.060 --> 46:09.980] Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ. [46:09.980 --> 46:25.900] Oh, oh, oh, oh. [46:25.900 --> 46:26.940] Oh, oh, oh, oh. [46:26.940 --> 46:28.140] Oh, oh, oh, oh. [46:28.140 --> 46:30.180] Always, I must be careful what I'm wishing for. [46:30.180 --> 46:36.420] When I'm hungry, I like to do just what I'm fishing for. [46:36.420 --> 46:40.420] Before much I ain't trying to be no glutton [46:41.420 --> 46:45.420] I'm just here making my living pushing buttons [46:47.420 --> 46:52.420] I give my message out to anyone who's shouting distance [46:52.420 --> 46:58.420] I vote for bravery and against slavery showing persistence [46:58.420 --> 47:03.420] First I'm crawling, then I'm walking, then I start strutting [47:03.420 --> 47:08.420] I'm just so glad to make my living pushing buttons [47:08.420 --> 47:21.420] Whoa, whoa, whoa, whoa, yeah [47:21.420 --> 47:26.420] We sat down to play Monopoly, we all wanted to win the game [47:26.420 --> 47:30.420] Okay, we are back. Randy Kelton, Brett Fountain, Rubello Radio. [47:30.420 --> 47:33.420] And Barrett, you've been calling in for a while [47:33.420 --> 47:39.420] And we've been telling you to go read the codes for a while [47:39.420 --> 47:42.420] And you haven't read the codes [47:42.420 --> 47:47.420] Well, where I'm located at, I have very bad reception for internet out here [47:47.420 --> 47:49.420] And it's just really hard to get a connection out here [47:49.420 --> 47:54.420] And then I don't have a car anymore because they stole that [47:54.420 --> 48:00.420] Blah, blah, blah, yeah, we've heard all those stories [48:00.420 --> 48:05.420] You can find more reasons for not doing what you need to do [48:05.420 --> 48:09.420] Than I can keep up with [48:09.420 --> 48:13.420] If it's easy, do it easy, if it's hard, do it hard [48:13.420 --> 48:15.420] You need to get this done [48:15.420 --> 48:22.420] And I assure you, when you sit down and start going into these codes [48:22.420 --> 48:27.420] And looking at the law, very quickly it will become clear to you [48:27.420 --> 48:32.420] That you have a lot more remedy than you can imagine [48:32.420 --> 48:34.420] You'll be able to take these guys on [48:34.420 --> 48:39.420] But you won't be able to do it unless you get focused [48:39.420 --> 48:42.420] Right, right, right, I know [48:42.420 --> 48:45.420] It don't make any difference how hard it is [48:45.420 --> 48:48.420] If you don't have good reception, go somewhere where they do it [48:48.420 --> 48:51.420] Go find a library [48:51.420 --> 48:55.420] I can do that, there's a library about 10 miles away from here [48:55.420 --> 48:59.420] I bought a Black's Law Dictionary, sixth edition [48:59.420 --> 49:01.420] I just ordered it like three weeks ago [49:01.420 --> 49:04.420] And it should be here in like two days, three days [49:04.420 --> 49:07.420] Waste of money, waste of money [49:07.420 --> 49:08.420] Really? [49:08.420 --> 49:12.420] Yeah, I never bothered with dictionaries [49:12.420 --> 49:19.420] Anything you need a definition for, you can do that on the web very quickly [49:19.420 --> 49:27.420] Black's Law, I think after the fifth edition they stopped putting in case law [49:27.420 --> 49:33.420] Without case law, those definitions are essentially meaningless [49:33.420 --> 49:36.420] What you need is case law [49:36.420 --> 49:39.420] There's no case law in sixth? [49:39.420 --> 49:43.420] Not in Black's, there's nothing in there [49:43.420 --> 49:46.420] So I should have bought a fifth or something, you think? [49:46.420 --> 49:52.420] I just read recently that after the fifth edition they stopped putting in case law [49:52.420 --> 49:54.420] Yeah, at some point they stopped [49:54.420 --> 49:57.420] But you can get them all online anyway [49:57.420 --> 50:01.420] Without case law it's meaningless, I never mess with those dictionaries [50:01.420 --> 50:07.420] I go online, just whatever word I want, definition, whatever word, boom, pops right up [50:07.420 --> 50:13.420] And if I need case law I can do the word, definition, case law [50:13.420 --> 50:19.420] And give me case law, these things are smart [50:19.420 --> 50:26.420] AI is really smart, you learn to use it, you need to be smarter than the computers [50:26.420 --> 50:29.420] Don't let them get smarter than you [50:29.420 --> 50:36.420] Go find this library, generally have pretty girls work in the library, that makes it worth getting there [50:36.420 --> 50:41.420] If you don't do that you don't have a chance of winning your case [50:41.420 --> 50:44.420] Right, right, I know, I know what I gotta [50:44.420 --> 50:48.420] Wait a second, how does this pretty girls have anything to do with winning this case? [50:48.420 --> 50:55.420] Motivation, if you gotta walk ten miles to the library [50:55.420 --> 50:59.420] You need some motivation [50:59.420 --> 51:02.420] Okay, thank you Barrett [51:02.420 --> 51:08.420] Let us know how this goes, call us back so we can talk about case law [51:08.420 --> 51:11.420] Okay, alright, bye bye [51:11.420 --> 51:16.420] Okay, thank you Barrett, now we're gonna go to what appears to be a first time caller [51:16.420 --> 51:25.420] If you're in the 760 area code, that should be somewhere around San Diego [51:25.420 --> 51:32.420] Talk to us [51:32.420 --> 51:36.420] We're getting some clicking but we're not getting any sound [51:36.420 --> 51:43.420] If you're hearing us, if you're on a Bluetooth or a hands free device, turn that off [51:43.420 --> 51:47.420] Hello in 760 [51:47.420 --> 51:49.420] That's me, 860 [51:49.420 --> 51:50.420] Alright [51:50.420 --> 51:52.420] Okay, give us a first name [51:52.420 --> 51:55.420] My name's Ray [51:55.420 --> 51:57.420] Wait, say that again, Grace [51:57.420 --> 52:00.420] My name is Ray, R-A-E [52:00.420 --> 52:02.420] Hi Ray, thanks for calling [52:02.420 --> 52:09.420] Hi, so I have a landlord tenant problem that has been going on for quite some time [52:09.420 --> 52:13.420] I pay my rent ahead, about a month or two ahead of time usually [52:13.420 --> 52:17.420] I bought a mobile home and I am renting the space [52:17.420 --> 52:21.420] And for some reason the owner decided that she wanted my mobile home I guess [52:21.420 --> 52:27.420] Because she, this happened in December, I was paid through the end of December [52:27.420 --> 52:34.420] My next payment was due in January 1st and on the 10th of, I guess it was the 9th of December [52:34.420 --> 52:42.420] A friend of mine stopped by and wondered why I hadn't asked for help paying the rent [52:42.420 --> 52:46.420] Well, because I wasn't having a problem paying the rent [52:46.420 --> 52:53.420] But she had called him and said, told him that I hadn't been paying the rent [52:53.420 --> 52:59.420] It was several months past due and water charges and she needed a payment now [52:59.420 --> 53:01.420] Or I was going to be evicted [53:01.420 --> 53:04.420] Whoa, I hope you have receipts [53:04.420 --> 53:13.420] Yes, so I ran down to the bank and I pulled out more money thinking that she was being honorable [53:13.420 --> 53:17.420] Maybe there was a mistake and that she would straighten it out as soon as we got it [53:17.420 --> 53:21.420] Well, I got back and she refused to take, it was a cashier's check from the bank [53:21.420 --> 53:23.420] Not a personal check, cashier's check [53:23.420 --> 53:28.420] She refused to take that and she wanted my friend to pay cash [53:28.420 --> 53:32.420] So he stepped up and he paid the cash and we had to fight for a receipt [53:32.420 --> 53:38.420] And it was a generic blank receipt that's barely readable but it's a receipt and I have that now [53:38.420 --> 53:41.420] And he paid that and brought it current [53:41.420 --> 53:42.420] Well, a couple of weeks [53:42.420 --> 53:45.420] Okay, hold on, we need to step back [53:45.420 --> 53:49.420] Do you have a rental agreement? [53:49.420 --> 53:57.420] It was a six month, I moved in in 2018 and the rental agreement at the top says less than six months [53:57.420 --> 54:05.420] And in the agreement it says that at the end of that time if they haven't negotiated a longer one [54:05.420 --> 54:08.420] That it would just go to a month to month lease [54:08.420 --> 54:16.420] So you have a written agreement and you had a time limit and after that it went to month to month [54:16.420 --> 54:20.420] So that written agreement's still in place [54:20.420 --> 54:21.420] Yes [54:21.420 --> 54:27.420] What does the written agreement say about how you pay your rent? [54:27.420 --> 54:31.420] What do you mean how I pay it? It's supposed to be by the fifth [54:31.420 --> 54:35.420] Does it stipulate cash? [54:35.420 --> 54:37.420] No [54:37.420 --> 54:40.420] Have they accepted something other than cash? [54:40.420 --> 54:42.420] Yes [54:42.420 --> 54:55.420] Then file a claim against her in a small claims court for harassment, for emotional distress [54:55.420 --> 54:57.420] Get her attention [54:57.420 --> 54:58.420] So I [54:58.420 --> 55:01.420] Wait, wait, no, I shouldn't say that, hold on [55:01.420 --> 55:03.420] Can I finish a little more? [55:03.420 --> 55:07.420] Wait, do you know what's going on with this person? [55:07.420 --> 55:10.420] Like, what do you mean? [55:10.420 --> 55:18.420] During this interim, four years you've been paying rent, have you had any problem with this person? [55:18.420 --> 55:23.420] No, she's barely here, the manager was here, the managers were great [55:23.420 --> 55:29.420] And then they retired because they didn't like her business feelings and they wouldn't elaborate on it [55:29.420 --> 55:32.420] So they gave it to somebody else who is managing now [55:32.420 --> 55:37.420] And I had a problem with that person because I wouldn't go out with them [55:37.420 --> 55:47.420] I didn't, I didn't want to date and then next thing I knew they were, he was traipsed in through my, between our trailers by mine [55:47.420 --> 55:55.420] And stuff was getting knocked against the wall, you know, waking me up at night and two o'clock in the morning and stuff like that [55:55.420 --> 56:00.420] Okay, then that explains things better [56:00.420 --> 56:03.420] But there's even more [56:03.420 --> 56:08.420] That gives us a whole different perspective, you might try filing [56:08.420 --> 56:13.420] Okay, so this guy works for the company that owns the park? [56:13.420 --> 56:25.420] Well, he's the, supposedly he's the manager and my understanding was, what he told me was that in return for his management he doesn't pay rent [56:25.420 --> 56:34.420] Okay, sue whoever, send a tort letter to whoever owns the property [56:34.420 --> 56:39.420] Accused this guy of sexual harassment [56:39.420 --> 56:47.420] Now, you don't sue him, what I'm saying is you're, you know, we show people how to fight these guys [56:47.420 --> 56:55.420] But it may well be that the owner of this property doesn't know what's going on here [56:55.420 --> 56:59.420] No, she knows, she knows, they sent me [56:59.420 --> 57:02.420] Then send her a tort letter [57:02.420 --> 57:10.420] And then, and then she called an attorney after when I replied to the three day notice, I just asked [57:10.420 --> 57:13.420] Wait a minute, wait a minute, three day notice? [57:13.420 --> 57:18.420] She gave me a three day notice to pay her, pay her quit, even though I was already paid up [57:18.420 --> 57:28.420] So I responded with a debt verification, a request, you know, show me where, you know, this is valid [57:28.420 --> 57:31.420] But she doesn't have, she's never responded [57:31.420 --> 57:37.420] Okay, in that case I suggest you go to the local justice of the PDC small claims court [57:37.420 --> 57:48.420] And file a harassment claim against them and ask for whatever the maximum the local court can handle [57:48.420 --> 57:53.420] So it is, I'm correct in thinking that this is all about harassment [57:53.420 --> 57:54.420] Yes [57:54.420 --> 58:01.420] So it's escalated now, today I just got a summons in there [58:01.420 --> 58:09.420] She did the three day notice with one amount and then she did a fifteen day notice with a completely different amount [58:09.420 --> 58:12.420] And completely different dates on there for the amount [58:12.420 --> 58:17.420] But she still never provided me any kind of verification so that I could check [58:17.420 --> 58:23.420] Okay, hold on, we need to get a little more clarification when we get back on the other side [58:23.420 --> 58:30.420] It appears as though she, she had a lawyer send you this? [58:30.420 --> 58:40.420] Well, she sent me the three day notice and I responded with asking for, asking for the, you know, copies of the records so that I could see exactly [58:40.420 --> 58:44.420] Okay, hang on, hang on, we're about to go to our sponsors, we'll pick this up on the other side [58:44.420 --> 58:49.420] Randy Kelton, Brett Fountain, we'll be right back [58:49.420 --> 58:53.420] Would you like to make more definite progress in your walk with God? [58:53.420 --> 59:00.420] Bibles for America is offering a free study Bible and a set of free Christian books that can really help [59:00.420 --> 59:05.420] The New Testament Recovery Version is one of the most comprehensive study Bibles available today [59:05.420 --> 59:12.420] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life [59:12.420 --> 59:17.420] The free books are a three volume set called Basic Elements of the Christian Life [59:17.420 --> 59:23.420] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation [59:23.420 --> 59:27.420] Growing in Christ and how to build up the church [59:27.420 --> 59:33.420] To order your free New Testament Recovery Version and Basic Elements of the Christian Life [59:33.420 --> 59:40.420] Call Bibles for America toll free at 888-551-0102 [59:40.420 --> 59:44.420] That's 888-551-0102 [59:44.420 --> 59:49.420] Or visit us online at bfa.org [01:00:01.420 --> 01:00:05.420] The Bill of Rights contains the first ten amendments of our Constitution [01:00:05.420 --> 01:00:08.420] They guarantee the specific freedoms Americans should know and protect [01:00:08.420 --> 01:00:10.420] Our liberty depends on it [01:00:10.420 --> 01:00:16.420] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:00:16.420 --> 01:00:18.420] Privacy is under attack [01:00:18.420 --> 01:00:22.420] When you give up data about yourself you'll never get it back again [01:00:22.420 --> 01:00:27.420] And once your privacy is gone you'll find your freedoms will start to vanish too [01:00:27.420 --> 01:00:32.420] So protect your rights, say no to surveillance and keep your information to yourself [01:00:32.420 --> 01:00:34.420] Privacy, it's worth hanging on to [01:00:34.420 --> 01:00:42.420] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing [01:00:42.420 --> 01:00:45.420] Start over with Startpage [01:00:45.420 --> 01:00:48.420] Imagine your mom and dad are getting ready for bed [01:00:48.420 --> 01:00:51.420] They pull back the covers and find a third party there [01:00:51.420 --> 01:00:54.420] He announces, I'm with the military and I'm sleeping here tonight [01:00:54.420 --> 01:01:00.420] That shocking image of a third party in my parents' bed reminds me what the third amendment was designed to prevent [01:01:00.420 --> 01:01:06.420] It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers [01:01:06.420 --> 01:01:09.420] Third party, third amendment, get it? [01:01:09.420 --> 01:01:12.420] So if you answer a knock at your door and guys in fatigues demand lodging [01:01:12.420 --> 01:01:17.420] Tell them to dust off their copy of the Bill of Rights and re-read the third amendment [01:01:17.420 --> 01:01:31.420] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:01:31.420 --> 01:01:35.420] The Bill of Rights contains the first ten amendments of our Constitution [01:01:35.420 --> 01:01:38.420] They guarantee the specific freedoms Americans should know and protect [01:01:38.420 --> 01:01:40.420] Our liberty depends on it [01:01:40.420 --> 01:01:46.420] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights [01:01:46.420 --> 01:01:48.420] Privacy is under attack [01:01:48.420 --> 01:01:52.420] When you give up data about yourself, you'll never get it back again [01:01:52.420 --> 01:01:57.420] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:01:57.420 --> 01:02:02.420] So protect your rights, say no to surveillance and keep your information to yourself [01:02:02.420 --> 01:02:04.420] Privacy, it's worth hanging on to [01:02:04.420 --> 01:02:08.420] This public service announcement is brought to you by Startpage.com [01:02:08.420 --> 01:02:12.420] The private search engine alternative to Google, Yahoo and Bing [01:02:12.420 --> 01:02:16.420] Start over with Startpage [01:02:16.420 --> 01:02:21.420] Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles [01:02:21.420 --> 01:02:27.420] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure [01:02:27.420 --> 01:02:30.420] Fourth Amendment, four eyes staring at you, get it? [01:02:30.420 --> 01:02:35.420] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security [01:02:35.420 --> 01:02:39.420] Case in point, TSA airport scanners that peer under your clothing [01:02:39.420 --> 01:02:43.420] When government employees demand a peep at your privates without probable cause [01:02:43.420 --> 01:02:46.420] I say it's time to sound the constitutional alarm bells [01:02:46.420 --> 01:02:50.420] Join me in asking our representatives to dust off the Bill of Rights [01:02:50.420 --> 01:02:53.420] And use their googly eyes to take a gander at the Fourth [01:02:53.420 --> 01:03:10.420] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:03:23.420 --> 01:03:31.420] I won't pay for the war with my body [01:03:31.420 --> 01:03:34.420] Ain't gonna pay for the car with my money [01:03:34.420 --> 01:03:38.420] I won't pay for the fun with my body [01:03:38.420 --> 01:03:41.420] That man's wicked and their logic's shoddy [01:03:41.420 --> 01:03:43.420] Okay, we are back [01:03:43.420 --> 01:03:51.420] Randy Kelton, Brett Fountain, Rue La La Radio on this, the 15th day of April, 2022 [01:03:51.420 --> 01:03:58.420] This is our four hour info marathon and we're one hour in, so we've got plenty of time [01:03:58.420 --> 01:04:02.420] If you have a, we've got a couple of empty spaces on the call board [01:04:02.420 --> 01:04:05.420] So if you have a question or comment, give us a call [01:04:05.420 --> 01:04:11.420] We are talking to Ray in California [01:04:11.420 --> 01:04:15.420] And I'm gonna shut up [01:04:15.420 --> 01:04:19.420] I was listening to the story and the pieces weren't fitting together right [01:04:19.420 --> 01:04:24.420] So, give us the whole story so that all this fits together [01:04:24.420 --> 01:04:28.420] And we'll understand where you're at and I'll keep my mouth shut [01:04:28.420 --> 01:04:29.420] Okay, I will [01:04:29.420 --> 01:04:30.420] Maybe [01:04:30.420 --> 01:04:33.420] I'll try to make it short [01:04:33.420 --> 01:04:39.420] Started in December, my rent was paid through the end of December [01:04:39.420 --> 01:04:40.420] Oops [01:04:40.420 --> 01:04:43.420] If there was any problem [01:04:43.420 --> 01:04:45.420] A verbal three-day notice [01:04:45.420 --> 01:04:49.420] It was cured by my friend in cash [01:04:49.420 --> 01:04:56.420] My check was, that I had offered her was refused [01:04:56.420 --> 01:05:02.420] And then in January, I, when we got the receipt [01:05:02.420 --> 01:05:06.420] The agreement with her, with my friend was that [01:05:06.420 --> 01:05:10.420] When the error was corrected and we showed her where the error was [01:05:10.420 --> 01:05:12.420] The proof that I had paid everything [01:05:12.420 --> 01:05:19.420] That the cash that he had given her would be applied to January's rent [01:05:19.420 --> 01:05:25.420] So I was paid with my rent at that point till the end of January [01:05:25.420 --> 01:05:30.420] Well, in January, they issued a three-day notice to pay her quick [01:05:30.420 --> 01:05:36.420] Didn't give me any, they didn't ledger anything, any kind of the payment in December [01:05:36.420 --> 01:05:42.420] It said all of, for November and December and for January, I hadn't paid [01:05:42.420 --> 01:05:49.420] So in February, well, in the middle of January after that [01:05:49.420 --> 01:05:53.420] This manager, his name is Guy [01:05:53.420 --> 01:05:57.420] He said that they had received a check that I had sent in [01:05:57.420 --> 01:05:59.420] Oh, we finally got your check [01:05:59.420 --> 01:06:02.420] Well, that was a separate check that I had sent in from November [01:06:02.420 --> 01:06:05.420] It was actually a money order [01:06:05.420 --> 01:06:10.420] And I had told her that I was going to do an accepted for value [01:06:10.420 --> 01:06:17.420] And get the negotiable instruments that way through the IRS and sent it [01:06:17.420 --> 01:06:20.420] So he confirmed that he had, that they had received it [01:06:20.420 --> 01:06:24.420] He didn't receive it, but the girl who was doing, who had taken over the records had received it [01:06:24.420 --> 01:06:26.420] But they didn't give me a receipt [01:06:26.420 --> 01:06:31.420] He sent me to talk to the owner at the other end of the park [01:06:31.420 --> 01:06:36.420] And the next day when we went in there, she said, oh, well, it didn't come from you [01:06:36.420 --> 01:06:39.420] So you don't get credit for it [01:06:39.420 --> 01:06:41.420] So, but she didn't return it [01:06:41.420 --> 01:06:42.420] It was, it was [01:06:42.420 --> 01:06:43.420] Wait, what? [01:06:43.420 --> 01:06:44.420] Yes [01:06:44.420 --> 01:06:47.420] Didn't come from you so you don't get credit for it? [01:06:47.420 --> 01:06:50.420] Right. That's what she said [01:06:50.420 --> 01:06:51.420] A gift [01:06:51.420 --> 01:06:52.420] Oh, nice [01:06:52.420 --> 01:06:54.420] They didn't, yeah, they didn't give me credit for that [01:06:54.420 --> 01:06:59.420] So I did, I responded with a conditional acceptance [01:06:59.420 --> 01:07:04.420] I had learned about that with the, you probably know what I'm talking about [01:07:04.420 --> 01:07:07.420] I responded with that process and I went through the conditional acceptance [01:07:07.420 --> 01:07:10.420] And a notice of fault and then the notice of default [01:07:10.420 --> 01:07:15.420] I get no response at all, you know, that everything was notarized [01:07:15.420 --> 01:07:20.420] I did an affidavit that the notaries out here don't do the process service [01:07:20.420 --> 01:07:23.420] They, or the, they don't, they don't serve it for you [01:07:23.420 --> 01:07:26.420] They just will notarize another affidavit [01:07:26.420 --> 01:07:32.420] So I had a third-party witness that everything was mailed and that nothing was received when we used her address [01:07:32.420 --> 01:07:37.420] Somebody completely unrelated, nothing was ever received back or acknowledged from them [01:07:37.420 --> 01:07:46.420] Then I had an attorney post, have a letter posted, a 15-day notice [01:07:46.420 --> 01:07:50.420] Wait, it was a, it was a three-day notice that was left at my door [01:07:50.420 --> 01:07:52.420] And then the 15-day notice was left at my door [01:07:52.420 --> 01:07:56.420] And then I responded with both of those [01:07:56.420 --> 01:08:02.420] I was advised to, to ask for a debt verification on each one of those [01:08:02.420 --> 01:08:08.420] You know, under penalty of perjury, just let it be a legitimate, you know, debt [01:08:08.420 --> 01:08:11.420] Showing that I haven't paid it [01:08:11.420 --> 01:08:15.420] Because I have the best payments and everything showing that they are paid [01:08:15.420 --> 01:08:20.420] Well now today I have a, a summons, it's an unlawful detainer for the eviction [01:08:20.420 --> 01:08:22.420] But it's not from the owner [01:08:22.420 --> 01:08:27.420] This one shows the plaintiff as the manager of the park, but the same attorney [01:08:27.420 --> 01:08:30.420] So I don't, I don't know if that matters or is that different? [01:08:30.420 --> 01:08:36.420] Don't they have to start over or are, can they just play a shell game with whoever is going to be the plaintiff in this? [01:08:36.420 --> 01:08:46.420] Yeah, yeah, if the manager has power of attorney for the owner, yeah, he can stand in [01:08:46.420 --> 01:08:49.420] But he has to have power of attorney for her? [01:08:49.420 --> 01:08:50.420] Yes [01:08:50.420 --> 01:08:52.420] The attorney has the power of attorney, right? [01:08:52.420 --> 01:08:54.420] Yeah, but that, that's a secondary issue [01:08:54.420 --> 01:08:56.420] There's something more important here [01:08:56.420 --> 01:09:03.420] Is you're paying them and they're not applying your payments, that's embezzlement [01:09:03.420 --> 01:09:05.420] Right, oh, that's embezzlement, okay [01:09:05.420 --> 01:09:11.420] I had used fraud saying that, you know, claiming allegedly that I hadn't been paying, but [01:09:11.420 --> 01:09:13.420] Yeah, it's fraud too [01:09:13.420 --> 01:09:21.420] Well, not exactly fraud [01:09:21.420 --> 01:09:27.420] Fraud has a set of elements that generally go to statements that are made [01:09:27.420 --> 01:09:35.420] Someone has to make a statement that the other person accepts is true and the person who made the statement knows they're not true [01:09:35.420 --> 01:09:42.420] This is not exactly fraud, it's embezzlement, there's just stealing your money [01:09:42.420 --> 01:09:53.420] Right, and one of the notices they sent me made a statement that I had to go and apply with the state for rental assistance [01:09:53.420 --> 01:09:59.420] Because they wanted me to apply for rental assistance for that, even though I had already paid [01:09:59.420 --> 01:10:05.420] Okay, well I suggest, what they're going to have to do, they send you the three-day notice [01:10:05.420 --> 01:10:13.420] And then they have to file a motion to, they have to file a case with the local justice of the peace court to evict [01:10:13.420 --> 01:10:21.420] I suggest you file a small claims suit against them before they file a motion to evict [01:10:21.420 --> 01:10:28.420] Well, so isn't that what this summons is, this unlawful detainer, is that a motion to evict? That's different [01:10:28.420 --> 01:10:34.420] Okay, wait, wait, wait, you have a summons to appear before court? [01:10:34.420 --> 01:10:39.420] Yeah, it says, summons, citation, judicial, unlawful detainer, eviction [01:10:39.420 --> 01:10:47.420] Okay, then you need to file a counterclaim in that for the maximum amount that the JP can handle [01:10:47.420 --> 01:10:52.420] In Texas it would be 20 grand, I don't know what it is in California [01:10:52.420 --> 01:11:06.420] But file a counterclaim for, okay, I said embezzlement, I'm not sure if embezzlement is exactly right [01:11:06.420 --> 01:11:09.420] Or theft [01:11:09.420 --> 01:11:15.420] 20 grand in California, that's not even going to get you a tank of gas, right? It's got to be something higher than that [01:11:15.420 --> 01:11:23.420] Yeah, I'm not sure, whatever small claims court can handle, if you file more than the court can handle [01:11:23.420 --> 01:11:25.420] Then they will dismiss it immediately [01:11:25.420 --> 01:11:32.420] So you have to file something that's within the range of what the JP can handle as a counterclaim [01:11:32.420 --> 01:11:33.420] Okay [01:11:33.420 --> 01:11:41.420] And then since you have the notice to appear, you appear by filing a motion to dismiss and counterclaim [01:11:41.420 --> 01:11:48.420] Motion to dismiss their claim with evidence to prove that you've actually paid [01:11:48.420 --> 01:11:58.420] And then a counterclaim against them for emotional distress and if this guy wanted to go out with you and you wouldn't, sexual harassment [01:11:58.420 --> 01:12:11.420] I'm looking at a couple of penal code in California, a couple of provisions, one says section 484 and one says penal code 532 [01:12:11.420 --> 01:12:15.420] Those both look like they might apply [01:12:15.420 --> 01:12:25.420] It's 532 is theft by false pretenses and 484 is theft by fraud, deceit or trick [01:12:25.420 --> 01:12:31.420] And as I'm looking down through these elements, it looks like this would fit [01:12:31.420 --> 01:12:40.420] You knowing the facts that would probably have to confirm that, just go take a look at 484 [01:12:40.420 --> 01:12:45.420] Okay, Brett, are these in the California penal code? [01:12:45.420 --> 01:12:46.420] Yes [01:12:46.420 --> 01:12:51.420] Then that would not get filed in the suit itself [01:12:51.420 --> 01:12:54.420] Oh that's true, that wouldn't be the civil suit, true [01:12:54.420 --> 01:12:58.420] Yeah, the suit that's filed against you is a civil suit [01:12:58.420 --> 01:13:10.420] So I would suggest you file a criminal complaint with the same justice of the peace under these two, in one of these two statutes [01:13:10.420 --> 01:13:23.420] And then petition the justice of the peace for a stay of prosecution until the criminal allegations can be adjudicated [01:13:23.420 --> 01:13:28.420] That's likely to get their attention [01:13:28.420 --> 01:13:31.420] Until the criminal? [01:13:31.420 --> 01:13:36.420] Yeah, they're not used to you coming at people coming after them criminally [01:13:36.420 --> 01:13:45.420] So you tell the J, you file the criminal complaints with the JP and this gets into something a little more detailed [01:13:45.420 --> 01:13:58.420] I've been a long time looking into the codes and trying to find something that will correct the legal system [01:13:58.420 --> 01:14:01.420] And it got down to justices of the peace [01:14:01.420 --> 01:14:09.420] It got down to how justices of the peace handle criminal accusations [01:14:09.420 --> 01:14:21.420] You can really jerk the JP around and if you force them at this level to follow law, it will change everything above it [01:14:21.420 --> 01:14:34.420] So what does California code say that a magistrate must do when the magistrate is given notice of crime? [01:14:34.420 --> 01:14:39.420] You need to look that up [01:14:39.420 --> 01:14:47.420] In Texas, in the Texas criminal procedure code, it's called Texas Code of Criminal Procedure [01:14:47.420 --> 01:14:51.420] But most states call it criminal procedure code [01:14:51.420 --> 01:15:02.420] It says you look for what must a magistrate do when a magistrate receives a criminal complaint [01:15:02.420 --> 01:15:09.420] Normally, the magistrate would issue a warrant [01:15:09.420 --> 01:15:18.420] But in most states, it allows the magistrate to examine into the sufficiency of the allegation [01:15:18.420 --> 01:15:24.420] You see in these movies where they're trying to get a warrant but they don't have enough evidence [01:15:24.420 --> 01:15:29.420] Well, in Texas, they don't have to have evidence [01:15:29.420 --> 01:15:39.420] 15.09 says that when a complaint is forwarded to a magistrate, the magistrate shall issue a warrant for threat [01:15:39.420 --> 01:15:46.420] What does it say in California law that a magistrate must do? [01:15:46.420 --> 01:15:58.420] And are you familiar with the difference between magistrate and judge? [01:15:58.420 --> 01:16:02.420] Magistrate is more administrative, right? [01:16:02.420 --> 01:16:05.420] No, let me explain that [01:16:05.420 --> 01:16:10.420] Every judge is a magistrate [01:16:10.420 --> 01:16:20.420] When you give notice of crime to a judge, that invokes the judge's duty as a magistrate [01:16:20.420 --> 01:16:24.420] And that duty is different than the duty of a judge [01:16:24.420 --> 01:16:29.420] It seems like these judges don't realize there's a difference, but there is [01:16:29.420 --> 01:16:38.420] A magistrate hears criminal complaints and issues warrants, holds examining trials, and sets bail [01:16:38.420 --> 01:16:40.420] That's all they do [01:16:40.420 --> 01:16:45.420] If a complaint is filed with a magistrate that he would hear in court [01:16:45.420 --> 01:16:51.420] Once he makes a determination of probable cause, then he will have jurisdiction as a judge [01:16:51.420 --> 01:16:54.420] But not until there's a determination of probable cause [01:16:54.420 --> 01:17:22.420] Hang on, we'll be right back [01:17:24.420 --> 01:17:26.420] How to answer letters and phone calls [01:17:26.420 --> 01:17:28.420] How to get debt collectors out of your credit report [01:17:28.420 --> 01:17:33.420] How to turn the financial tables on them and make them pay you to go away [01:17:33.420 --> 01:17:38.420] The Michael Mears proven method is the solution for how to stop debt collectors [01:17:38.420 --> 01:17:40.420] Personal consultation is available as well [01:17:40.420 --> 01:17:46.420] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [01:17:46.420 --> 01:17:49.420] Or email michaelmears at yahoo.com [01:17:49.420 --> 01:17:57.420] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:17:57.420 --> 01:18:00.420] To learn how to stop debt collectors now [01:18:00.420 --> 01:18:04.420] I love logos. Without the shows on this network, I'd be almost as ignorant as my friends [01:18:04.420 --> 01:18:07.420] I'm so addicted to the truth now that there's no going back [01:18:07.420 --> 01:18:08.420] I need my truth fixed [01:18:08.420 --> 01:18:10.420] I'd be lost without logos [01:18:10.420 --> 01:18:13.420] And I really want to help keep this network on the air [01:18:13.420 --> 01:18:16.420] I'd love to volunteer as a show producer, but I'm a bit of a Luddite [01:18:16.420 --> 01:18:20.420] And I really don't have any money to give because I spent it all on supplements [01:18:20.420 --> 01:18:22.420] How can I help logos? [01:18:22.420 --> 01:18:24.420] Well, I'm glad you asked [01:18:24.420 --> 01:18:27.420] Whenever you order anything from Amazon, you can help logos [01:18:27.420 --> 01:18:29.420] In ordering your supplies or holiday gifts [01:18:29.420 --> 01:18:31.420] First thing you do is clear your cookies [01:18:31.420 --> 01:18:34.420] Now, go to logosradio.com [01:18:34.420 --> 01:18:37.420] Click on the Amazon logo and bookmark it [01:18:37.420 --> 01:18:43.420] Now, when you order anything from Amazon, you use that link and logos gets a few pesos [01:18:43.420 --> 01:18:44.420] Do I pay extra? [01:18:44.420 --> 01:18:45.420] No [01:18:45.420 --> 01:18:47.420] Do I have to do anything different when I order? [01:18:47.420 --> 01:18:48.420] No [01:18:48.420 --> 01:18:49.420] Can I use my Amazon Prime? [01:18:49.420 --> 01:18:50.420] No [01:18:50.420 --> 01:18:51.420] I mean, yes [01:18:51.420 --> 01:18:56.420] Wow, giving without doing anything or spending any money, this is perfect [01:18:56.420 --> 01:18:57.420] Thank you so much [01:18:57.420 --> 01:18:58.420] You're welcome [01:18:58.420 --> 01:19:26.420] Happy Holidays Logos [01:19:26.420 --> 01:19:31.420] Well [01:19:31.420 --> 01:19:36.420] Ain't gonna fool me with that same old trick again [01:19:36.420 --> 01:19:41.420] I was blindsided, but now I can see your plan [01:19:41.420 --> 01:19:44.420] You put the beer in my pocket [01:19:44.420 --> 01:19:46.420] Took the money from my hand [01:19:46.420 --> 01:19:55.420] Ain't gonna fool me with that same old trick again [01:19:55.420 --> 01:20:11.420] Ain't gonna fool me [01:20:11.420 --> 01:20:16.420] Ain't gonna drive me with that same old sucker punch [01:20:16.420 --> 01:20:21.420] I get it now, but then I must have it now too [01:20:21.420 --> 01:20:26.420] Back then you had room to move, but now you're feeling the drive [01:20:26.420 --> 01:20:55.420] Ain't gonna get me with that same old sucker punch [01:20:55.420 --> 01:21:02.420] I get it now, but then I must have it now too [01:21:02.420 --> 01:21:07.420] Back then you had room to move, but now you're feeling the drive [01:21:07.420 --> 01:21:11.420] Ain't gonna get me with that same old sucker punch [01:21:11.420 --> 01:21:16.420] I get it now, but then I must have it now too [01:21:16.420 --> 01:21:20.420] Back then you had room to move, but now you're feeling the drive [01:21:20.420 --> 01:21:25.420] Ain't gonna get me with that same old sucker punch [01:21:25.420 --> 01:21:30.420] Back then you had room to move, but now you're feeling the drive [01:21:30.420 --> 01:21:36.420] I get it now, but then I must have it now too [01:21:36.420 --> 01:21:48.420] Back then you had room to move, but now you're feeling the drive [01:21:48.420 --> 01:21:53.940] Bing, Yahoo, and Bing. Start over with Startpage. [01:21:53.940 --> 01:21:58.980] Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers [01:21:58.980 --> 01:22:03.980] at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found [01:22:03.980 --> 01:22:08.860] that regularly drinking diet soda expanded people's waistlines five times more than [01:22:08.860 --> 01:22:14.180] no soda at all. The study's authors say artificial sweeteners trigger the appetite, but unlike [01:22:14.180 --> 01:22:19.340] regular sugars don't deliver anything to squelch it. Waking up hunger without satisfying it [01:22:19.340 --> 01:22:25.040] leads to cravings, which can result in a larger overall calorie intake. So use natural sweeteners [01:22:25.040 --> 01:22:29.060] to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff [01:22:29.060 --> 01:22:34.580] altogether and drink water instead. I'm Dr. Catherine Albrecht. More news and information [01:22:34.580 --> 01:22:42.060] at CatherineAlbrecht.com. This is Building 7, a 47-story skyscraper that fell on the [01:22:42.060 --> 01:22:47.060] afternoon of September 11. The government says that fire brought it down. However, 1,500 [01:22:47.060 --> 01:22:51.340] architects and engineers have concluded it was a controlled demolition. Over 6,000 of [01:22:51.340 --> 01:22:55.460] my fellow service members have given their lives, and thousands of my fellow first responders [01:22:55.460 --> 01:22:59.100] are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City [01:22:59.100 --> 01:23:03.700] correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans, [01:23:03.700 --> 01:23:11.100] and we deserve the truth. Go to RememberBuilding7.org today. Rule of Law Radio is proud to offer [01:23:11.100 --> 01:23:14.900] the Rule of Law traffic seminar. In today's America, we live in an us-against-them society, [01:23:14.900 --> 01:23:18.180] and if we the people are ever going to have a free society, then we're going to have to [01:23:18.180 --> 01:23:22.180] stand and defend our own rights. Among those rights are the right to travel freely from [01:23:22.180 --> 01:23:25.740] place to place, the right to act in our own private capacity, and most importantly, the [01:23:25.740 --> 01:23:29.660] right to due process of law. Traffic courts afford us the least expensive opportunity [01:23:29.660 --> 01:23:34.020] to learn how to enforce and preserve our rights through due process. Former Sheriff's Deputy [01:23:34.020 --> 01:23:37.620] Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive [01:23:37.620 --> 01:23:41.180] teaching tool available that will help you understand what due process is and how to [01:23:41.180 --> 01:23:44.860] hold courts to the rule of law. You can get your own copy of this invaluable material [01:23:44.860 --> 01:23:49.220] by going to ruleoflawradio.com and ordering your copy today. By ordering now, you'll receive [01:23:49.220 --> 01:23:53.380] a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio [01:23:53.380 --> 01:23:57.540] of the original 2009 seminar, hundreds of research documents, and other useful resource [01:23:57.540 --> 01:24:02.260] material. Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [01:24:02.260 --> 01:24:09.260] Order your copy today and together we can have the free society we all want and deserve. [01:24:33.260 --> 01:24:40.260] The wicked come with temptation. They're trying to buy the whole place. They want to force [01:24:40.260 --> 01:24:47.260] a new nation. Because they've fallen from grace. I will not drink from that cup. I will [01:24:47.260 --> 01:24:54.260] just get axed out of bed. Okay, we are back. Randy Kelton, Brett Fountain, we love you. [01:25:18.260 --> 01:25:24.780] And if we have been silent for the last segment, we're trying to work that out. We're not [01:25:24.780 --> 01:25:31.780] sure if we were or not. We have, when we came in, when Brett brings us in, I get a beep [01:25:34.420 --> 01:25:40.220] in my headset. For the last segment, I didn't get that beep in my headset. Yeah, that's [01:25:40.220 --> 01:25:47.220] because you brought us in. Did I do that? No, no, no. He's trying to blame it on me. [01:25:48.980 --> 01:25:55.980] I never ever take responsibility. That's a rule. Anyway, I want to see if we're on this [01:25:58.660 --> 01:26:04.140] time. Let's go back to Ray in California. Ray, can you hear us this time? I can. Can [01:26:04.140 --> 01:26:09.820] you hear me? Oh, wonderful, wonderful. Okay. Whatever was wrong last time, could you hear [01:26:09.820 --> 01:26:16.820] us in the last segment? No, not at all. Okay. I think we may have had a blank segment. So [01:26:19.900 --> 01:26:26.660] we need to back up. Ray, where were we when we spoke to you last? We were talking about [01:26:26.660 --> 01:26:33.660] the magistrate and how the, the notice of a criminal, of a crime is, is how their duty [01:26:33.660 --> 01:26:40.660] is invoked. Okay. Brett, will you go back to the codes you looked up? Okay. What we [01:26:42.500 --> 01:26:49.500] were saying is you may be able to file criminal actions against the, since they, they filed [01:26:51.380 --> 01:26:58.380] an action in the court for an unlawful detainer, you can file a counter complaint against them [01:26:58.380 --> 01:27:05.380] and you could also accuse them criminally. You know, I'm, I'm always thinking about, [01:27:05.780 --> 01:27:12.780] you know, I try not to think that everybody is an evil monster trying to screw everybody. [01:27:13.980 --> 01:27:20.980] How could this come about? And the owner of the property genuinely believe that she's [01:27:20.980 --> 01:27:27.980] not receiving payments that she's supposed to have. Could she have a manager embezzling [01:27:28.060 --> 01:27:35.060] funds and hiding it from her? And how would we give her notice so that she would have [01:27:37.700 --> 01:27:44.700] reason to go look more closely? And I'm thinking the best way to do that is charge her criminally. [01:27:44.700 --> 01:27:51.700] That'll really, that'll really get her attention. I have the green certified card from certified [01:27:55.780 --> 01:28:02.780] mail from sending everything that her husband actually signed. So this sounds like it needs [01:28:08.460 --> 01:28:14.140] a criminal complaint against them and then ask the justice of the piece who has the unlawful [01:28:14.140 --> 01:28:21.140] detainer action for an abate, an abatement. Abatement is kind of an old term that's not [01:28:23.100 --> 01:28:29.140] used much anymore. It's used in some states and not others. But an abatement is you're, [01:28:29.140 --> 01:28:35.740] you're not asking the court to rule substantially one way or another. You're asking the court [01:28:35.740 --> 01:28:42.740] to put everything on hold until some other thing has occurred. And here you filed criminally [01:28:45.740 --> 01:28:52.740] against the owner of the property and accused them of what Brett? Of 484, section 484 is [01:28:52.740 --> 01:28:59.740] larceny. So Brett's looking through the codes and larceny was the one that fits. So you've [01:29:08.980 --> 01:29:15.980] charged the owner with larceny. Now I suspect she hasn't been charged with that criminal [01:29:15.980 --> 01:29:22.980] action very often. And that is very likely to get their attention. If you accuse them [01:29:27.300 --> 01:29:32.860] also of such a harassment because of this manager, then you will give the owner someone [01:29:32.860 --> 01:29:39.860] to point finger at. Yeah, the larceny comes from, you start with section 532. That one [01:29:39.860 --> 01:29:45.860] is under false personation and cheats. So the cheat is talking about defrauding somebody [01:29:45.860 --> 01:29:51.860] of money. And it says that it's punishable in the same manager manner and to the same [01:29:51.860 --> 01:29:58.860] extent as for larceny of the money. So then you go over here to 484 talking about larceny [01:29:58.860 --> 01:30:10.860] and that's got all of that going on as well. Does larceny stipulate a threshold amount? [01:30:10.860 --> 01:30:17.860] I do see something in here about $1,000 or greater than $1,000, but I don't think yet [01:30:17.860 --> 01:30:24.860] that this is where it's turning from a missing or to a felony. It looks like that's where [01:30:24.860 --> 01:30:31.860] you have prima facie assumption that their intent was to commit theft by fraud. [01:30:31.860 --> 01:30:41.860] Then let me make a suggestion. If you allege larceny and the facts do not support larceny, [01:30:41.860 --> 01:30:53.860] let the other side prove that up. You make the claim and let them prove that the claim [01:30:53.860 --> 01:30:58.860] is overblown. So if it's not larceny, what is it? [01:30:58.860 --> 01:31:04.860] But in the meantime, you've triggered the need for them to have an examination. [01:31:04.860 --> 01:31:11.860] Exactly. There's more than one way to skin this. I'm not going to say skin a cat because [01:31:11.860 --> 01:31:12.860] some people like cats. [01:31:12.860 --> 01:31:15.860] We know one person that got so particular about that. [01:31:15.860 --> 01:31:17.860] I only skin one cat. [01:31:17.860 --> 01:31:19.860] What are you supposed to skin then? Squirrels? [01:31:19.860 --> 01:31:23.860] Well, I didn't run it over. Somebody else did. I just snatched the hide off of it. [01:31:23.860 --> 01:31:28.860] But my wife did not. She was not understanding about that. [01:31:28.860 --> 01:31:33.860] Hey, cats have really tough hides because they're carnivores. [01:31:33.860 --> 01:31:38.860] Anyway, let's not talk about cats. That'll get me in trouble. [01:31:38.860 --> 01:31:44.860] Okay. Ray, does this make sense where we're going? [01:31:44.860 --> 01:31:57.860] It does make sense. I have a question. Is it a problem? My huge question is that they have listed [01:31:57.860 --> 01:32:07.860] the manager now on this new paperwork as the owner of the park. He's coming in as the owner. [01:32:07.860 --> 01:32:11.860] This is good. It sounds like they fired the previous manager. [01:32:11.860 --> 01:32:15.860] And if they fired the previous manager, there must have been a reason. [01:32:15.860 --> 01:32:18.860] He's the same one. [01:32:18.860 --> 01:32:21.860] Is this the one that tried to get a date with you? [01:32:21.860 --> 01:32:29.860] Yeah, it's the same one. And now he's listed as plaintiff on this summons for the unlawful detainer. [01:32:29.860 --> 01:32:34.860] Oh, good. And charge him with sexual harassment. Wonderful. [01:32:34.860 --> 01:32:37.860] Rolling all in together. [01:32:37.860 --> 01:32:47.860] Okay. I just have to sign for affidavit that he tried to ask me out several times and I refused. [01:32:47.860 --> 01:32:53.860] We're going to have to admit this is just wrong. [01:32:53.860 --> 01:33:03.860] We accused this poor manager of sexual harassment when all it was that he thought you were hot and wanted a date with you. [01:33:03.860 --> 01:33:08.860] Who cares? Deal with it. Life's tough. [01:33:08.860 --> 01:33:13.860] It's not what you can prove or not. [01:33:13.860 --> 01:33:21.860] Ken's four rules. He's got four rules. Everything's political. [01:33:21.860 --> 01:33:29.860] The first one of all his four rules is perception is everything. [01:33:29.860 --> 01:33:32.860] And this goes to perception. [01:33:32.860 --> 01:33:37.860] The second one is everything's political. Third one, everything's negotiable. [01:33:37.860 --> 01:33:44.860] Fourth one, document, document, document. But the first one is perception is everything. [01:33:44.860 --> 01:33:49.860] And right now, sexual harassment is a hot topic. [01:33:49.860 --> 01:33:55.860] It's kind of hot on everybody's radar. [01:33:55.860 --> 01:34:06.860] So you accused him of doing this in retaliation for the fact that you would not date him. [01:34:06.860 --> 01:34:12.860] How do you disprove something like that? [01:34:12.860 --> 01:34:17.860] Oh, I didn't do it. I didn't do it. You know, who's going to believe you? [01:34:17.860 --> 01:34:19.860] Right. [01:34:19.860 --> 01:34:33.860] Perception's everything. So in the land of dirty tricks, the other side's going, you can expect them to use every dirty trick they can think of, especially since they've hired lawyers. [01:34:33.860 --> 01:34:37.860] So how about you using a few of your own? [01:34:37.860 --> 01:34:42.860] I'm good with that. I just want this whole thing to be done and go away. [01:34:42.860 --> 01:34:52.860] Charge him with this is an act of retaliation because you wouldn't date him and sexual harassment. [01:34:52.860 --> 01:35:04.860] And ask for, you know, file with the JP who has the unlawful detainer suit, file a suit for the maximum he can handle, a countersuit, and see how this works out. [01:35:04.860 --> 01:35:07.860] Hang on. We'll be right back. [01:35:07.860 --> 01:35:13.860] Through advances in technology, our lives have greatly improved, except in the area of nutrition. [01:35:13.860 --> 01:35:18.860] People feed their pets better than they feed themselves, and it's time we changed all that. [01:35:18.860 --> 01:35:24.860] Our primary defense against aging and disease in this toxic environment is good nutrition. [01:35:24.860 --> 01:35:32.860] In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can provide the nutrients you need. [01:35:32.860 --> 01:35:38.860] Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject. [01:35:38.860 --> 01:35:46.860] We have come to trust young Jevity so much, we became a marketing distributor along with Alex Jones, Ben Fuchs, and many others. [01:35:46.860 --> 01:35:54.860] When you order from LogosRadioNetwork.com, your health will improve as you help support quality radio. [01:35:54.860 --> 01:35:58.860] As you realize the benefits of young Jevity, you may want to join us. [01:35:58.860 --> 01:36:05.860] As a distributor, you can experience improved health, help your friends and family, and increase your income. [01:36:05.860 --> 01:36:07.860] Order now. [01:36:07.860 --> 01:36:10.860] Are you the plaintiff or defendant in a lawsuit? [01:36:10.860 --> 01:36:21.860] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. 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[01:37:19.860 --> 01:37:45.860] As we sow, so shall we reap. [01:37:45.860 --> 01:37:53.860] As we sow, so shall we reap. [01:37:53.860 --> 01:37:58.860] As we sow, so shall we reap. [01:37:58.860 --> 01:38:03.860] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. [01:38:03.860 --> 01:38:08.860] And you guys missed the best stuff. The best stuff goes on in the break. [01:38:08.860 --> 01:38:21.860] Okay, Brett and I were talking about this, Ray, and he was looking up the dollar amounts, and the dollar amounts don't get high enough to charge a felony. [01:38:21.860 --> 01:38:23.860] Right. [01:38:23.860 --> 01:38:31.860] Okay, so what? Here's the deal. This is how lawyers do it. [01:38:31.860 --> 01:38:40.860] The lawyer will make the charge anyway, and it's up to you to prove that the charge doesn't apply. [01:38:40.860 --> 01:38:49.860] And here, what we're trying to do is not so much win some case at the end of the day. [01:38:49.860 --> 01:38:59.860] What you're trying to do is get the property owner to go back to your original agreement and stop screwing with you. [01:38:59.860 --> 01:39:05.860] Right, and stop him from moving, because he's not going to live here anymore now. I mean, he ruined it. [01:39:05.860 --> 01:39:18.860] Well, you know, in thinking about this, it may be that you have a manager here who's blowing smoke up the owners behind. [01:39:18.860 --> 01:39:24.860] He may actually have his feedings hurt because you wouldn't go out with him. [01:39:24.860 --> 01:39:29.860] And now he's trying to retaliate against you, and he's feeding a lot of crap to the owner. [01:39:29.860 --> 01:39:32.860] The owner may actually be innocent. [01:39:32.860 --> 01:39:40.860] And how many mobile homes or how many rental spaces are in this section that this person owns? [01:39:40.860 --> 01:39:44.860] Oh, probably 30-ish, 36 maybe. [01:39:44.860 --> 01:39:57.860] So do you really think this person cares about a single space enough to want to throw somebody out just to embezzle a few bucks from them? [01:39:57.860 --> 01:40:06.860] You know, if I had a place with 30 rentals on it, I want this to go smooth. [01:40:06.860 --> 01:40:10.860] I don't want any issues that I have to deal with. [01:40:10.860 --> 01:40:24.860] It may be that the owner is being fed a lot of garbage, because it's very unlikely they would single out a single person to try to extort extra money from them, [01:40:24.860 --> 01:40:30.860] because that would do nothing but create major grief for them. [01:40:30.860 --> 01:40:35.860] When I was listening to what you were telling me, I'm thinking, this doesn't fit right. [01:40:35.860 --> 01:40:44.860] If I have an investment here in this wiggle space, I want everything to go real smooth. [01:40:44.860 --> 01:40:46.860] I want this to be passive income. [01:40:46.860 --> 01:40:48.860] I don't want to be going to court. [01:40:48.860 --> 01:40:50.860] I don't want to be evicting people. [01:40:50.860 --> 01:40:54.860] And if I've got somebody who's paying, I don't want to mess with. [01:40:54.860 --> 01:41:00.860] You know how hard it is to get people to actually pay their bills? [01:41:00.860 --> 01:41:07.860] And you've even been paying ahead. [01:41:07.860 --> 01:41:11.860] You may have an owner who really doesn't know what's going on. [01:41:11.860 --> 01:41:14.860] So how do you get the owner's attention? [01:41:14.860 --> 01:41:22.860] You accuse the owner of sexual harassment, and she's going to say, I didn't do it, I didn't do it, I didn't do it. [01:41:22.860 --> 01:41:25.860] Yeah, you did. You did it with your manager. [01:41:25.860 --> 01:41:29.860] And the manager may lose his position. [01:41:29.860 --> 01:41:35.860] But give the owner an opportunity to fix this. [01:41:35.860 --> 01:41:39.860] I'm not saying make it easy. [01:41:39.860 --> 01:41:43.860] I'm saying give her a kick right in the rear. [01:41:43.860 --> 01:42:00.860] Accuser of sexual harassment and conspiracy, what would you call it, where the owner appears to be supporting complicity. [01:42:00.860 --> 01:42:07.860] Was 7.02 in Texas culpable after the fact that she's enabling... [01:42:07.860 --> 01:42:10.860] Culpable for somebody else's actions, yeah. [01:42:10.860 --> 01:42:15.860] She's enabling this bad behavior by the manager. [01:42:15.860 --> 01:42:23.860] Now consider, Ray, if you're the owner of this property, and your manager wants to evict somebody, [01:42:23.860 --> 01:42:38.860] and they accuse you of being culpable in sexual harassment by enabling the manager to sexually arrest someone, what would you say? [01:42:38.860 --> 01:42:44.860] I suspect you are verbalistic. [01:42:44.860 --> 01:42:54.860] So we do fight things, but as I get older, I've learned to be a lot more careful about the fights I pick. [01:42:54.860 --> 01:42:56.860] Who's really causing this problem? [01:42:56.860 --> 01:43:05.860] I can't imagine the owner of this property wanting to have this fight, especially someone who pays the bills. [01:43:05.860 --> 01:43:10.860] Something else is going on here. [01:43:10.860 --> 01:43:13.860] Am I making sense? [01:43:13.860 --> 01:43:16.860] Yes. [01:43:16.860 --> 01:43:24.860] So Ray, I found that $950 is the line of what they call... [01:43:24.860 --> 01:43:39.860] What takes us from misdemeanor to a felony is $950, and that's in California Penal Code Section 487, and it's subsection A. [01:43:39.860 --> 01:43:51.860] So it's $950 if it's money, but then if there are other things, like somebody steals $251 worth of your artichokes, that would... [01:43:51.860 --> 01:43:55.860] Okay, how much is your rental? [01:43:55.860 --> 01:44:00.860] Oh, $400 now. It was $350 when I started. [01:44:00.860 --> 01:44:06.860] So they're saying you're behind how much? [01:44:06.860 --> 01:44:13.860] They're saying I'm behind, well, today, before it was $1400, and then it moved to $1300. [01:44:13.860 --> 01:44:19.860] That's enough. Okay, we got it. We're over the $900. We're in the felony range. [01:44:19.860 --> 01:44:28.860] And you also surpassed the $1000 limit, which means that it is assumed that they have intent to defraud you. [01:44:28.860 --> 01:44:34.860] If it were $999, then you'd have to prove their intent to defraud you. [01:44:34.860 --> 01:44:43.860] But since it's $1000 or more, California says that's prima facie evidence that their intent is fraudulent. [01:44:43.860 --> 01:44:52.860] Good. I was going to say prima facie. Prima facie means on the face of it. [01:44:52.860 --> 01:45:00.860] If, you know, like in Bring Before a Magistrate, it says you have to get you before a magistrate within 48 hours. [01:45:00.860 --> 01:45:09.860] If they get you before a magistrate before 48 hours, but they could have got you before one sooner, [01:45:09.860 --> 01:45:20.860] on the face of it, the taking was timely. So you would have to prove that they could have gotten you there sooner. [01:45:20.860 --> 01:45:27.860] After 48 hours, the presumption is that the taking was not timely. [01:45:27.860 --> 01:45:40.860] So in this case, if it's under $1000, on the face of it, it was not fraud, and you'd have to prove it was not fraud. What is it? [01:45:40.860 --> 01:45:43.860] Intent to defraud. [01:45:43.860 --> 01:45:48.860] Under $1000, you would have to prove there was intent to defraud. [01:45:48.860 --> 01:45:53.860] But if they're over, then you don't have to prove it. You just claim it and they have to disprove it. [01:45:53.860 --> 01:45:59.860] And that's always where you want them. You want them to have to disprove it. [01:45:59.860 --> 01:46:07.860] You got enough. And I would suggest that you not think of this as a fight with the owner, [01:46:07.860 --> 01:46:19.860] but rather as you're trying to find a way to give notice to the owner that the manager is screwing things around. [01:46:19.860 --> 01:46:26.860] If you go to the owner with that perspective, then you can say to the owner, I don't think you did this. [01:46:26.860 --> 01:46:36.860] I think that manager did this and just sucked you into this. Now the owner can take a step back and not lose face. [01:46:36.860 --> 01:46:42.860] Yeah. And also, I looked at this embezzlement that you were talking about first, Randy. I think it does line up. [01:46:42.860 --> 01:46:56.860] I think that does fit. And so, Ray, as you're approaching this, one way that the story could unfold there is for you to say, [01:46:56.860 --> 01:47:06.860] you know, it looks like the person here who is supposed to be giving you my money is in an attempt to whatever, [01:47:06.860 --> 01:47:11.860] this whole sexual harassment, whatever they're trying to do to make me look bad, they're actually keeping your money. [01:47:11.860 --> 01:47:21.860] They're not even putting it on the books. So that's part of the way they're doing me wrong is doing you wrong, too, by embezzling your money. [01:47:21.860 --> 01:47:29.860] Well, except that I've been sending my rent directly to the owner, which is why... [01:47:29.860 --> 01:47:33.860] Well, okay. See, these pieces don't fit. [01:47:33.860 --> 01:47:41.860] I think that he didn't receive it. Yeah. Is there someone who could be intercepting it? [01:47:41.860 --> 01:47:46.860] Now, I'm not suggesting that you cut the owner any slack, [01:47:46.860 --> 01:47:59.860] but I'm suggesting that you kick the owner in the seat of his or her pants in a way to get the owner to take a closer look at what's going on [01:47:59.860 --> 01:48:08.860] and find the real culprit, but be receptive to the owner so that you can find a solution. [01:48:08.860 --> 01:48:14.860] Do you want to leave this place that you're in and go somewhere else, or do you want to stay there? [01:48:14.860 --> 01:48:18.860] Yeah. Now I don't have any peace here. [01:48:18.860 --> 01:48:21.860] Because the manager lives right behind me. [01:48:21.860 --> 01:48:28.860] I feel like every time I go out to my car and watch every move that I make, I have no privacy. [01:48:28.860 --> 01:48:30.860] I definitely am already looking for another place to move. [01:48:30.860 --> 01:48:35.860] I just need some peace so that I can get it all together and find a place to move out. [01:48:35.860 --> 01:48:45.860] In that case, in the unlawful detainer suit, I would suggest that you file a counterclaim [01:48:45.860 --> 01:48:54.860] in the amount of the maximum amount that the particular court can handle. [01:48:54.860 --> 01:49:04.860] In Texas, it would be a justice of the peace court, and the maximum amount that a justice of the peace court can handle is $20,000. [01:49:04.860 --> 01:49:12.860] Look at small claims court. What's the maximum amount you can file in a small claims court? [01:49:12.860 --> 01:49:16.860] File that as a counterclaim. [01:49:16.860 --> 01:49:24.860] Okay. Small claims court, that would be the superior court, right? Is it still the same place? [01:49:24.860 --> 01:49:30.860] No. Superior court, the courts are called different. [01:49:30.860 --> 01:49:36.860] In New York, the lowest level court is called the supreme. [01:49:36.860 --> 01:49:49.860] So it's different. In Texas, the superior court would be a district court, which is felonies and I think $200,000 or above. [01:49:49.860 --> 01:49:57.860] In Texas, a magistrate court would be small claims court, $20,000. [01:49:57.860 --> 01:50:05.860] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it. [01:50:05.860 --> 01:50:13.860] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [01:50:13.860 --> 01:50:16.860] Enter the recovery version. [01:50:16.860 --> 01:50:25.860] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [01:50:25.860 --> 01:50:34.860] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. 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