ROL_2009-09-14_16k.timecode

[00:10.120 --> 00:17.120]  and Saturday. Five Americans were also killed. In Iraq over the weekend, 26 Iraqis were killed
[00:17.120 --> 00:21.840]  and 41 wounded. One US contractor was also killed.
[00:21.840 --> 00:28.400]  Iranian Defence Minister Ahmad Vahidi said Saturday the US is aiming to trigger a confrontation
[00:28.400 --> 00:34.160]  between Iran and Iraq. Defence Secretary Robert Gates had urged Washington's Arab allies to
[00:34.160 --> 00:39.000]  strengthen their military capabilities in order to pressure Iran into halting its nuclear
[00:39.000 --> 00:42.080]  programme.
[00:42.080 --> 00:47.120]  The Pentagon is expected this week to announce steps to bolster the minimal legal rights
[00:47.120 --> 00:52.920]  of 600 prisoners held at Bagram Air Base in Afghanistan that will allow them to hear the
[00:52.920 --> 00:58.640]  charges against them and challenge the basis of their detention. It will reportedly entail
[00:58.640 --> 01:04.200]  assigning military officials to help collect evidence and witnesses to be submitted to
[01:04.200 --> 01:10.520]  a newly formed detainee review board. The detainees, who are mostly suspected Taliban,
[01:10.520 --> 01:17.240]  began protesting in July against their absence of legal rights by refusing special privileges.
[01:17.240 --> 01:22.040]  Some prisoners have been behind bars for more than six years. Critics have long castigated
[01:22.040 --> 01:28.240]  the US for violating international human rights standards there. Washington has responded
[01:28.240 --> 01:34.080]  the detainees are captives in an active theatre of war and must be treated differently. New
[01:34.080 --> 01:39.920]  York law professor Ramzi Qasem said, these changes don't come anywhere near an adequate
[01:39.920 --> 01:46.920]  substitute for a real review.
[01:46.920 --> 01:52.280]  Colombia and the US are worried Colombia's largest rebel group, the Revolutionary Armed
[01:52.280 --> 01:59.280]  Forces of Colombia, or FARC, succeeds in acquiring surface-to-air missiles. Last month a Syrian
[01:59.640 --> 02:06.160]  arms trafficker was arrested in Honduras as he tried to sell arms to US undercover agents
[02:06.160 --> 02:13.040]  posing as members of FARC. Syrian suspect Jamal Youssef was extradited to the US where
[02:13.040 --> 02:17.640]  he pleaded not guilty in New York federal court. According to the indictment he tried
[02:17.640 --> 02:23.760]  to trade surface-to-air missiles, or SAMs, assault rifles, explosives and hand grenades
[02:23.760 --> 02:29.720]  for one tonne of cocaine. Youssef allegedly told the agents the arms were stored in Mexico
[02:29.720 --> 02:35.520]  by a member of Hezbollah. SAMs could shoot down the Black Hawk helicopters given as part
[02:35.520 --> 02:41.040]  of Washington's $6 billion aid package. The choppers have won numerous battles, forced
[02:41.040 --> 02:46.640]  FARC to retreat deeper into mountain and jungle refuges and killed or captured several of
[02:46.640 --> 03:16.000]  its top leaders.
[03:16.640 --> 03:23.640]  Bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys,
[03:46.640 --> 03:54.640]  whatcha gonna do? Bad boys, bad boys, whatcha gonna do? Bad boys, bad boys, whatcha gonna
[04:16.640 --> 04:21.360]  that one you chuck it on this one you chuck it on your mother and you chuck it on your father
[04:21.360 --> 04:25.680]  you chuck it on your brother and you chuck it on your sister you chuck it on that one and you
[04:25.680 --> 04:32.640]  chuck it on me bad boys bad boys okay brandy kelton eddie craig uh debbie stephen has the
[04:32.640 --> 04:43.840]  night off tonight we're gonna struggle through without our uh board op uh producer director
[04:43.840 --> 04:49.360]  we're not going to know what to do anyway we'll do our best and if anything screws up tonight
[04:49.920 --> 04:59.040]  anything at all blame eddie okay we're going to start out we we were on the break discussing an
[04:59.040 --> 05:06.320]  issue and eddie and i had been talking about it earlier about traffic code authority of the
[05:06.320 --> 05:14.240]  municipal court and courts of record eddie you want to jump in uh yeah i was going back and
[05:14.240 --> 05:20.480]  reviewing chapter 45 uh dealing with the municipal courts and how they want to have their own set of
[05:20.480 --> 05:26.800]  procedures which they do up to an extent but i also found where we deal with the trial of the novo
[05:27.440 --> 05:32.960]  which is what you get in a municipal or jp court if they find you guilty and you appeal it
[05:32.960 --> 05:39.440]  uh it is uh sent to the county court as a trial de novo basically meaning a do-over as if it had
[05:39.440 --> 05:45.440]  never occurred in the first place and there is a section in the code of criminal procedure two of
[05:45.440 --> 05:51.920]  them in fact that deal specifically with this issue and it's article 44.17 appeal to county
[05:51.920 --> 05:59.200]  court how it's conducted and article 44.18 dealing with original papers sent up now these are both
[05:59.200 --> 06:03.840]  pretty short sections so i'm going to go ahead and read them to you for 4.17 appeal to county
[06:03.840 --> 06:10.160]  court how conducted in all appeals to a county court from justice courts and municipal courts
[06:10.160 --> 06:16.720]  other than municipal courts of record the trial shall be de novo in the trial in the county court
[06:16.720 --> 06:22.320]  the same as if the prosecution had been originally commenced in that court an appeal to the county
[06:22.320 --> 06:27.440]  court from a municipal court of record may be based only on errors reflected in the record
[06:27.440 --> 06:32.160]  now let's talk about that section real quick it distinguishes between a municipal court and a
[06:32.160 --> 06:40.000]  municipal court of record a trial de novo from a municipal court of no record and a trial de
[06:40.000 --> 06:47.600]  novo from a jp court now the reason that's trial de novo no records kept okay so there's no
[06:47.600 --> 06:55.920]  transcript there's no nothing the only way to get a trial de novo from a court of record is if there
[06:55.920 --> 07:04.480]  is an error that can be traced down in the record wait wait wait no wait wait trial de novo
[07:04.480 --> 07:11.840]  there's the courts especially the municipal court they want you to think that trial de novo means
[07:12.800 --> 07:22.160]  as if the first trial didn't happen and that is not true they want you to think that they can
[07:22.160 --> 07:32.080]  hold the first trial and screw up all they want to and not be held to it not true trial de novo
[07:32.640 --> 07:42.400]  means it starts all over only for the purpose of perfecting appeal if it's out of a municipal
[07:42.400 --> 07:46.320]  effect if it's out of a municipal court of record then it's not trial de novo
[07:46.320 --> 07:55.520]  it's a appeal like any other on point of error and it's important that the listeners here who
[07:55.520 --> 08:03.440]  intend to fight a a civil case i mean a traffic case a classic misdemeanor case understand that
[08:03.440 --> 08:08.240]  if you're in a court of record even if it's municipal and most of them are
[08:08.240 --> 08:15.520]  opting to be courts of record you can only appeal on points that are in the record
[08:16.560 --> 08:24.480]  and on those points and on on which you preserve your right to appeal right this goes to the issue
[08:24.480 --> 08:30.240]  that i keep talking to y'all about about why everything you do in these courts should be
[08:30.240 --> 08:37.200]  in writing because the writing is your record most of them now i'm saying most none of the
[08:37.200 --> 08:46.000]  ones that i have set foot in so far have a court reporter for any purpose so these are definitely
[08:46.000 --> 08:53.920]  courts of non-record so your written motions your affidavits the record the paperwork you produce
[08:54.480 --> 09:01.440]  is the only record of what's going on in the municipal court of record they should have a
[09:01.440 --> 09:06.400]  court reporter it should all be taken down a transcript should be generated and so on and so
[09:06.400 --> 09:13.520]  forth and what randy's talking about here is that in the one of no record okay even though
[09:13.520 --> 09:18.960]  when you get moved up in the trial de novo it's as if the prosecution is originally beginning
[09:18.960 --> 09:25.200]  there that process must take place so that there can be a record generated for your appeal
[09:26.320 --> 09:33.600]  because the lower court didn't keep one now as he stated in the trial uh it is actually an appeal
[09:33.600 --> 09:40.640]  from a municipal court of record because a record is generated a transcript exists and it is only if
[09:40.640 --> 09:46.560]  there are errors in that transcript that the court made or that the prosecution made that were
[09:46.560 --> 09:51.280]  preserved in that transcript that allows you to conduct the appeal to the higher court
[09:52.800 --> 10:01.280]  is that covered right right so exactly if the court doesn't keep a record and one thing i
[10:01.280 --> 10:07.840]  suggest to everybody it's one of my standard motions is i demand a court reporter it's a court
[10:07.840 --> 10:16.640]  of record i want a court reporter i'm not interested in a uh recording because recordings
[10:16.640 --> 10:24.480]  are very easy to change and adjust and manipulate i want a certified court reporter keeping a court
[10:24.480 --> 10:33.120]  keeping a court record that i can hang from a yard arm if my record gets altered exactly that's that
[10:33.120 --> 10:41.440]  should always be one of the first things that you want to happen in the seminar we'll bring all of
[10:41.440 --> 10:48.400]  our standard dandy little stack of motions that you file and they include a demand for a court
[10:48.400 --> 10:58.640]  reporter and rule of witnesses and all those standard things that should be filed in every
[10:58.640 --> 11:04.400]  court case and almost are almost never filed and are for the most part ignored by the courts
[11:04.400 --> 11:12.480]  especially the municipal courts but if you filed them then when the municipal court sends the
[11:12.480 --> 11:21.680]  record up to the county court the only thing that's in the record are your motions no answers
[11:21.680 --> 11:28.480]  no record of what happened on those motions yeah you will very rarely find that the prosecution
[11:28.480 --> 11:35.520]  writes even one thing to rebut anything you do they will not respond to your motion the court
[11:35.520 --> 11:39.760]  takes it upon themselves to act in place of the prosecution and responding and denying to your
[11:39.760 --> 11:47.760]  motion that's that's a given in almost every case and essentially if the court didn't keep a record
[11:47.760 --> 11:56.480]  they were were required to keep then pretty much anything you say happened happened
[11:58.880 --> 12:03.760]  because the judge and the prosecutor's not going to remember and even if they did remember
[12:03.760 --> 12:10.400]  you relied on the court to keep a record the way they were required to do where is it bubba
[12:11.040 --> 12:17.920]  since you were required to keep it presumption must be that whatever i say was in it was in it
[12:19.680 --> 12:23.120]  you can't rebut it because you are compromised
[12:26.160 --> 12:32.080]  anyway that's if we can ever get a court that will actually act in accordance with law but
[12:32.080 --> 12:39.440]  primarily yeah when we go to court we need to uh keep in mind everything is for appeal because
[12:39.440 --> 12:48.320]  the lower courts are about as corrupt as they can possibly be so what we want to look at is
[12:48.320 --> 12:52.400]  how do we sue the city and that's one of the things that i hope to have put together by the
[12:52.400 --> 13:00.240]  time of the seminar is a relatively standard old lawsuit against the municipality for mishandling
[13:00.240 --> 13:07.920]  for mishandling a traffic citation yeah now the other thing that i hope to have uh established
[13:07.920 --> 13:15.040]  for this is something that i have yet to hear anybody that's called in or that i've actually
[13:15.040 --> 13:20.160]  gone to watch go through this process or even written about i've never seen anyone do this in
[13:20.160 --> 13:29.600]  a traffic case and that is to write a a set of proposed jury instructions okay the prosecution
[13:29.600 --> 13:34.480]  gets to write jury instructions here's why we want we want the judge to instruct the jury about this
[13:34.480 --> 13:39.760]  this and this so we're going to do the same thing we're going to say i want the court to instruct
[13:39.760 --> 13:49.040]  the jury that the definition of a driver's license is at 151.001.5 okay and so on and so forth i want
[13:49.040 --> 13:53.680]  these in the jury instructions now they may not give it to them but we're going to go through the
[13:53.680 --> 13:58.560]  process of treating this as if it is a murder case i mean it's a criminal act is a criminal
[13:58.560 --> 14:04.800]  act no matter how you look at it it may be lower on their books but it's still something that you
[14:04.800 --> 14:09.680]  have to be put through and i'm sick of it so we're going to treat it as if it's a murder case we're
[14:09.680 --> 14:14.480]  going to do everything you would do if you were on trial for murder and make them toe the line just
[14:14.480 --> 14:20.960]  as if you were and hopefully that's what we're going to teach people uh one of the things that
[14:20.960 --> 14:25.040]  flashed through my mind when i was going through how i want this material to be for the folks at
[14:25.040 --> 14:32.320]  the seminar i want all of you come into this seminar because right now we have the appearance
[14:33.120 --> 14:38.640]  in our own mind's eye as well as the general public eye of a mouse running across a wide
[14:38.640 --> 14:45.440]  open kitchen floor with a cat in hot pursuit we're the mouse the state's the cat what i'm hoping to
[14:45.440 --> 14:51.680]  do with this seminar is turn you into a 900 pound mouse standing in the middle of the kitchen floor
[14:51.680 --> 15:00.480]  going yo cat precisely that's what i'm wanting to do with this and i think we have the tools
[15:00.480 --> 15:06.480]  to do it the one thing that seems to to really frighten them is a civil suit
[15:09.040 --> 15:14.800]  and we get a good one thing the thing we want to do is once we understand the nature of civil suit
[15:14.800 --> 15:22.400]  and the nature of causes of action what we want to do is go into the courtroom with the purpose
[15:22.400 --> 15:33.360]  of generating causes of action and also points of appeal right i have jazz that record reflect
[15:33.360 --> 15:40.000]  defendant's exception to the ruling that one of the things we want them to hear at every step
[15:40.000 --> 15:45.120]  but we're going to have a we're going to have just a ream of stuff prosecutors going to look
[15:45.120 --> 15:51.120]  at and see what is all this nonsense nobody else ever does this and he's not going to pay much
[15:51.120 --> 15:57.680]  attention to it unless he's really smart and then he figures out this guy's getting preparing to
[15:57.680 --> 16:03.120]  sue us and i suspect that we get this done if all of our listeners if all of our members that come
[16:03.120 --> 16:13.360]  to the seminar take our paperwork and start using it it will have a powerful effect i talked to my
[16:13.360 --> 16:21.920]  justice of the peace in boyd texas podunk boyd texas this was a few years ago and he said you
[16:21.920 --> 16:29.360]  know mr kelton you're getting pretty well known in austin oh i am uh is that a good thing he said
[16:29.360 --> 16:37.200]  i don't know he went to a seminar and somebody saw where he was from this stuff really works it gets
[16:37.200 --> 16:48.000]  around going to break and it's randy kelton uh eddie craig debbie stephen has the night off
[16:48.000 --> 16:59.920]  we'll be back on the other side this moment this highly inflammatory rhetoric you feel tired when
[16:59.920 --> 17:04.480]  talking about important topics like money and politics are you confused by words like the
[17:04.480 --> 17:09.600]  constitution or the federal reserve what if so you may be diagnosed with the deadliest disease known
[17:09.600 --> 17:16.160]  today stupidity hi my name is steve holt and like millions of other americans i was diagnosed with
[17:16.160 --> 17:21.600]  stupidity at an early age i had no idea that the number one cause of the disease is found in almost
[17:21.600 --> 17:26.880]  every home in america the television unfortunately that puts most americans at risk of catching
[17:26.880 --> 17:31.600]  stupidity but there is hope the staff at brave new books have helped me and thousands of other
[17:31.600 --> 17:37.520]  foxaholics suffering from sports zombieism recover and because of brave new books i now enjoy reading
[17:37.520 --> 17:43.120]  and watching educational documentaries without feeling tired or uninterested so if you or anybody
[17:43.120 --> 17:50.480]  so if you or anybody you know suffers from stupidity then you need to call 512 480 2503
[17:50.480 --> 17:55.600]  or visit them in 1904 guadalupe or brave new bookstore.com side effects from using brave
[17:55.600 --> 17:59.040]  new books products may include discernment and enlarged vocabulary and an overall increase in
[17:59.040 --> 18:15.520]  mental functioning
[18:29.040 --> 18:51.520]  they don't ever answer
[18:59.040 --> 19:21.520]  they don't have the answer
[19:29.040 --> 19:39.680]  oh where i was uh checking in lexus our we're back on the air
[19:40.560 --> 19:44.800]  uh eddie you should have poked me and woke me up randy kelton well you know
[19:46.640 --> 19:52.560]  okay we're back i was telling about my uh justice of the peace went to a one of these
[19:52.560 --> 20:00.960]  little training deals in awesome and when someone found out where he was they asked if he asked if
[20:00.960 --> 20:08.800]  they knew me and apparently a number of the jps wanted to talk about me now i'm just one guy i go
[20:08.800 --> 20:13.360]  around i get tickets every now and then and when i go in i just give them as much grief as i can
[20:13.360 --> 20:22.240]  well it stands out they remember when they start getting hammered from every direction especially
[20:22.240 --> 20:30.560]  when they start looking at the prosuit prospect of a lawsuit my tang got tangled start looking
[20:30.560 --> 20:39.440]  at the prospect of a lawsuit over an ordinary traffic ticket this scares them because it means
[20:39.440 --> 20:48.480]  one thing money traffic tickets are all about collecting money and when you start suing them
[20:48.480 --> 20:57.520]  for their practices then it starts costing them a lot of money for each lawsuit they're looking at
[20:57.520 --> 21:03.360]  a couple hundred bucks an hour for a law firm and when you start coming in asking them questions
[21:03.360 --> 21:09.520]  they've never been asked before the law firm can't go to their little drawer and pull out their
[21:09.520 --> 21:16.560]  standard motion and put your name on it and your your case number on it and just stick it in the
[21:16.560 --> 21:22.720]  file and then charge these guys two or three hundred bucks now they actually have to go do
[21:22.720 --> 21:30.400]  some legal research and that really runs into a lot of money so if we're going to beat them we're
[21:30.400 --> 21:36.720]  going to beat them with the almighty dollar the way we do that is ask them hard questions
[21:38.080 --> 21:49.200]  and stand on the law that they claim to follow personally the more minuscule an issue appears
[21:49.200 --> 21:57.440]  the better i like it because that tends to mean that they've never addressed this issue before
[21:57.440 --> 22:01.920]  they're not going to have a standard way of handling it it's going to make me very difficult
[22:01.920 --> 22:10.320]  to deal with especially when i've done the homework anyway i'm distracted from the conversation
[22:10.320 --> 22:15.520]  this is no that's okay um i did want everybody to appreciate this really gives them a lot of
[22:15.520 --> 22:23.120]  trouble they remember so have fun it's it's worth the trouble go ahead uh yeah aaron brought up an
[22:23.120 --> 22:27.600]  issue about the jurisdiction of the municipal court and you can find that jurisdiction under
[22:27.600 --> 22:34.320]  section 29.003 of the government code but if you will notice the jurisdiction is very very
[22:34.320 --> 22:40.160]  limited when it comes to particular things now the section where i say there is no civil
[22:40.160 --> 22:46.480]  jurisdiction granted to a municipal court okay that is section b where the municipal court has
[22:46.480 --> 22:50.720]  concurrent jurisdiction with the justice court of a precinct in which the municipality is located
[22:50.720 --> 22:57.040]  in all criminal cases arising under state law now that is the only section that gives them any
[22:57.040 --> 23:04.480]  authority where state law is concerned so they have no authority on any civil case that is based
[23:04.480 --> 23:12.320]  upon state law now if it's civil as far as within the actual municipality uh the thing is is that if
[23:12.320 --> 23:18.480]  they have an ordinance that's civil the problem still exists of producing documentation that
[23:18.480 --> 23:27.040]  shows you have a duty to perform under either of those capacities civil or criminal because
[23:27.040 --> 23:31.760]  especially under the civil in order to get you civilly they would have to show that you had to
[23:31.760 --> 23:38.080]  known that you had a duty and that you neglected to perform that duty now i don't know about you
[23:38.080 --> 23:43.760]  but the only way i can be civilly liable to someone is if i agreed to do something that i
[23:43.760 --> 23:49.360]  had a duty to do or promised to do and failed to do it and it caused them harm now that's just
[23:49.360 --> 23:54.560]  common sense to me but i don't know about anybody else uh but anyway that that's the way i look at
[23:54.560 --> 24:00.000]  that area but when it comes to state law their jurisdiction is strictly criminal and it is
[24:00.000 --> 24:05.680]  strictly in the areas where the crime is punishable by fine only and no other manner
[24:05.680 --> 24:12.480]  okay now we're dealing with 4417 and 4418 we covered uh 17 on what a trial de novo is and
[24:12.480 --> 24:17.840]  what a court of record is required to do versus a non-court of record now this is where it gets
[24:17.840 --> 24:26.400]  detailed 4418 original papers sent up in appeals from justice and corporation courts all the
[24:26.400 --> 24:31.920]  original papers in the case together with the appeal bond if any and together with a certified
[24:31.920 --> 24:38.160]  transcript of all the proceedings had in the case before such court shall be delivered without delay
[24:38.160 --> 24:43.360]  to the clerk of the court to which the appeal was taken who shall file the same and docket the case
[24:44.000 --> 24:52.400]  now notice justice and corporation courts now in this case corporation courts would include both
[24:52.400 --> 24:59.680]  municipal courts of record and municipal courts of non-record because it's not a court of record
[24:59.680 --> 25:08.080]  and non-record because it specifies them grouped together under the title corporation courts so
[25:08.080 --> 25:15.280]  that means there must be a certified transcript from either of those as well as a jp court any
[25:15.280 --> 25:22.960]  of you ever see a court reporter in a jp court i have never seen one i have a interesting
[25:22.960 --> 25:30.240]  question here i'm looking at article 44.18 original papers sent up in lexus
[25:32.240 --> 25:39.600]  take a guess of how many cases i find referencing that particular statute zilch it's a first blush
[25:39.600 --> 25:48.400]  instance zero it's a first blush instance issue this and this is a major issue what they're doing
[25:48.400 --> 25:58.160]  is you know i was in court in tarrant county and apparently i had appealed up a citation over minor
[25:58.160 --> 26:04.720]  traffic issue and they had two prosecutors one of them was a young woman and the other was an older
[26:04.720 --> 26:10.320]  woman the older woman was obviously training the younger woman i think this might have been her
[26:10.320 --> 26:20.800]  first case she drew the short straw that day i raised in the course of the the examining the
[26:20.800 --> 26:30.240]  police officer i asked him a question about his testimony in the first trial this new prosecutor
[26:30.240 --> 26:37.200]  cuter jumped up and objected that this was trial de novo and i stood up and very patronizingly and
[26:37.200 --> 26:44.240]  patiently uh addressed the court and instructed the court that i we were all aware well aware
[26:44.240 --> 26:51.040]  that this is trial case of trial de novo but it's only trial de novo for the purpose of perfecting
[26:51.040 --> 26:58.080]  appeal not from shielding the officer against allegations of aggravated perjury for lying in
[26:58.080 --> 27:10.640]  the first case and the judge was not happy but to his credit he knew i was right and so instructed
[27:10.640 --> 27:19.440]  prosecution trial de novo is only it only says you don't have to raise a point of error to perfect
[27:19.440 --> 27:28.480]  your appeal that's all it goes to so what happens in the first trial is real important and that makes
[27:28.480 --> 27:38.800]  4418 real important and when i look at 4418 no cases on it nobody's ever wanted to address it
[27:40.320 --> 27:47.840]  well this is a good good place to address it because they're not gonna you know we address
[27:47.840 --> 27:53.680]  this issue they're not gonna have a defense for it they're just gonna they'll come before the court
[27:53.680 --> 28:00.800]  and they'll spit and sputter and stammer and well this is frivolous or some such nonsense
[28:02.000 --> 28:12.400]  but i'm also looking i was reading 4417 going through the case law uh it was my understanding
[28:12.400 --> 28:18.160]  that the county court was the court of last week we saw it for classic misdemeanor
[28:19.440 --> 28:28.560]  and that's a problem but in in the in the case law here i'm finding references to actions you
[28:28.560 --> 28:33.920]  must take to perfect your appeal to the court of appeals so that that's going to be interesting
[28:34.560 --> 28:40.320]  to dig on out that's just kind of an aside well now see the thing though is the case law the
[28:40.320 --> 28:45.120]  40s and 50s case law that i that got me the information i needed to figure out
[28:45.120 --> 28:49.760]  what the occupational license was versus a driver's license and so on and so forth
[28:50.320 --> 28:56.160]  those were by the court of criminal appeals which is the second highest court in texas
[28:56.160 --> 29:02.800]  yes if you can get to the court of criminal appeals you can get to the court of exactly
[29:04.000 --> 29:06.400]  court of criminal appeals is the highest court in texas
[29:06.400 --> 29:12.960]  there are two high courts there are two high courts supreme court's the high court on
[29:13.600 --> 29:22.000]  civil court of criminal appeals high court on criminal okay so it is in any case these cases
[29:22.000 --> 29:28.000]  dealt with infractions of being charged with no driver's license so that shows that the
[29:28.000 --> 29:34.240]  issue has gone to the highest court in the land that was when i read that in the code
[29:34.240 --> 29:39.440]  to the court of last resort that's a problem glad to see we got a way past
[29:42.240 --> 29:46.720]  all right folks one to break you should be back here just a few minutes this is
[29:46.720 --> 29:51.440]  eddie craig with randy kelton ever stevens has an item we'll be back in just a moment
[29:51.440 --> 29:59.120]  so
[30:00.240 --> 30:05.360]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with
[30:05.360 --> 30:13.040]  jurisdictionary the affordable easy to understand 4cd course that will show you how in 24 hours
[30:13.040 --> 30:19.920]  step by step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
[30:19.920 --> 30:25.760]  know what you should do for yourself thousands have won with our step-by-step course and now
[30:25.760 --> 30:32.400]  you can too jurisdictionary was created by a licensed attorney with 22 years of case winning
[30:32.400 --> 30:38.400]  experience even if you're not in a lawsuit you can learn what everyone should understand about
[30:38.400 --> 30:44.720]  the principles and practices that control our american courts you'll receive our audio classroom
[30:44.720 --> 30:52.480]  video seminar tutorials forms for civil cases pro se tactics and much more please visit rule
[30:52.480 --> 31:15.920]  of law radio.com and click on the banner or call toll-free 866-LAW-EASY
[31:23.360 --> 31:27.760]  you want money when you come to your man and i'm not
[31:27.760 --> 31:33.920]  not an answer okay
[31:33.920 --> 31:41.520]  she said she didn't want no money with me because she said she only won helicopter
[31:41.520 --> 32:08.720]  okay it's randy kelp madey craig uh i'm not asleep this time
[32:08.720 --> 32:13.360]  actually i wasn't asleep last time i was just reading something and i don't
[32:13.360 --> 32:19.840]  so uh he picked up the slack again it wasn't a mistake it wasn't a mistake
[32:20.800 --> 32:27.440]  don't anybody tell caber i did that randy doesn't make mistakes most days i made one once
[32:28.560 --> 32:31.920]  but yeah i thought i thought i had screwed up but i was mistaken
[32:33.360 --> 32:38.640]  okay what we were talking about on the break is uh what were we talking about on the break
[32:38.640 --> 32:43.520]  2.05 but we'll get back to that in a minute i'm going to do some research on it while
[32:43.520 --> 32:45.680]  eddie continues on 4417
[32:47.760 --> 32:56.160]  uh actually 4418 but in any case what what we have here is when the transcript is not generated
[32:56.800 --> 33:03.040]  there's nothing to forward to the court therefore anything forwarded is now an incomplete record
[33:03.040 --> 33:10.480]  according to statute the statute itself requires that there be a certified copy of a transcript
[33:10.480 --> 33:17.440]  and notice as i said it does not eliminate that requirement for either type of municipal court
[33:17.440 --> 33:26.560]  or a jp court it says in any of these courts all these original papers must be sent up let's see uh
[33:27.440 --> 33:32.560]  let's see all the original papers in the case together with the appeal bond if any together
[33:32.560 --> 33:38.560]  with a certified transcript of all the proceedings had in the case before such court shall be
[33:38.560 --> 33:45.920]  delivered not should be not could be not maybe shall and under government code chapter 311 the
[33:45.920 --> 33:55.520]  word shall creates a duty and if it is not completed guess what these people are not
[33:55.520 --> 34:01.520]  doing their duty under the law now this is the exact same excuse they love to use to
[34:01.520 --> 34:06.080]  pull you and i over and write us a ticket they say that we're not doing our duty under the law
[34:06.720 --> 34:12.080]  the difference is is they can't really show where that law applies to us but we've got it right here
[34:12.080 --> 34:18.560]  where it says it applies to them so what we're going to do is hopefully be able to turn you
[34:18.560 --> 34:26.880]  into that 900 pound mouse looking for the house cat um okay i have i have something for you all
[34:26.880 --> 34:32.400]  right municipal court had jurisdiction over defendant's criminal action even though an
[34:32.400 --> 34:38.720]  information was not filed against defendant because code of criminal procedure annotated
[34:38.720 --> 34:47.360]  article 2.05 which requires information did not discuss municipal courts and texas code of criminal
[34:47.360 --> 34:56.800]  procedure article 45.001 provided that municipal court proceedings were to be commenced by
[34:56.800 --> 35:06.400]  a complaint 45.001 so i've got it up here the purpose of this chapter is to establish
[35:06.400 --> 35:11.040]  proceedings for processing cases that come within the criminal jurisdiction of justice
[35:11.040 --> 35:17.680]  courts and municipal courts as chapters intended to provide intended and shall be construed to
[35:17.680 --> 35:25.440]  achieve the following objectives what are they talking about 45.001 deals not even mentioned
[35:25.440 --> 35:30.480]  complaint yeah to provide for fair notice to a person appearing in a criminal proceeding
[35:30.480 --> 35:34.560]  before a justice of municipal court and a meaningful opportunity for that person to be heard
[35:35.120 --> 35:41.440]  to ensure appropriate dignity in court procedure to promote adherence to rules and to process cases
[35:41.440 --> 35:49.120]  without unnecessary delay this is not surprising to find this kind of crapola coming out of the
[35:49.120 --> 35:55.360]  court of appeals no and in fact this is a perfect example of what we discussed the other day about
[35:55.360 --> 36:03.920]  how the court will change what was actually done within the case to suit the uh way they wish to
[36:03.920 --> 36:14.160]  decide because they do worse than that when you read a case i was reading a case a very current
[36:14.160 --> 36:21.920]  case that addressed an issue where the court of criminal appeals ruled against this guy
[36:21.920 --> 36:27.920]  and when i read the opinion of criminal appeals the court of no this was court of appeals
[36:28.960 --> 36:33.600]  when i read it i said well this guy didn't ask the right question so wait a minute you know it
[36:33.600 --> 36:39.600]  was an issue that i had just addressed recently i said he didn't write that ask the right question
[36:40.960 --> 36:48.960]  and i looked who did this and i looked at it it was russell mortland yes he did address the right
[36:48.960 --> 36:57.840]  address the right question because i wrote it the judge the court simply paid attention to the
[36:57.840 --> 37:05.920]  argument it wanted to pay attention to and ignored everything else in the case this is what they do
[37:07.680 --> 37:12.720]  and that's one of the things we need to fight against this is not something we've talked
[37:12.720 --> 37:21.840]  about on the show before but uh ken magnussen he's my civil guy this is one of his primary
[37:21.840 --> 37:29.280]  complaints and concerns if you appeal on a number of issues they'll pick the one they can throw your
[37:29.280 --> 37:37.280]  appeal out on and ignore the rest and we're working on a way of dealing with that i'm looking at
[37:37.280 --> 37:43.120]  filing criminal charges against the judges right because they're supposed to look at the case in
[37:43.120 --> 37:48.640]  its entirety not just pick and choose which parts they want to dwell on for the sake of not
[37:48.640 --> 37:55.120]  responding to the actual body of law the case addresses and then they pick the one they they
[37:55.120 --> 38:04.400]  want to dwell on and they screw it up like in this case i'm looking at 45 001 it has one annotation
[38:04.400 --> 38:10.400]  on it and it just goes to expungement has nothing to do with anything as far as i can tell yeah
[38:10.400 --> 38:15.600]  plus it also shows the court of appeals doesn't bother to actually read the constitution under
[38:15.600 --> 38:23.920]  which these laws must be uh created and uh the state constitution specifically says there are
[38:23.920 --> 38:29.520]  two documents that grant jurisdiction to a court they are an indictment and they aren't information
[38:29.520 --> 38:35.120]  that's all there is nothing in the constitution that says a complaint grants jurisdiction to a
[38:35.120 --> 38:42.320]  court it specifically says an indictment or an information therefore the statute if it omits
[38:42.320 --> 38:47.600]  the requirement for either an indictment or an information can be fought on constitutional
[38:47.600 --> 38:53.680]  grounds because it is a direct violation of specific requirements within the constitution
[38:53.680 --> 39:05.680]  the constitution itself this is a good yeah this is a good question and this is one we need to
[39:05.680 --> 39:15.520]  brief out good um well because that is clearly what it looks like goes to subject matter
[39:15.520 --> 39:26.240]  jurisdiction now i do have case law that says a prosecution commences when a complaint is filed
[39:26.240 --> 39:33.600]  with a magistrate or the person is arrested but neither one of those give jurisdiction to the
[39:33.600 --> 39:42.080]  court correct a prosecution is actually separate from the court action yes a criminal complaint is
[39:42.080 --> 39:50.080]  necessary to commence a prosecution and you find that across the spectrum the one one that i use
[39:50.080 --> 39:58.080]  and one that was argued in the in russell's case that i brought up was the complaint in a in a
[39:59.120 --> 40:07.680]  felony case that the grand jury could not get to an indictment unless a complaint had been filed
[40:07.680 --> 40:18.800]  because what 20.09 says it says the grand jury shall investigate into all criminal accusations
[40:18.800 --> 40:22.720]  that come to their knowledge by way of the prosecuting attorney or any other person
[40:24.160 --> 40:29.520]  it very clearly says into all criminal accusations that come to their knowledge
[40:29.520 --> 40:36.480]  so in this case like in the tom delay case nobody ever accused tom delay of anything
[40:38.560 --> 40:44.400]  there is nothing in the record indicating that tom delay was ever accused of a crime
[40:45.200 --> 40:53.120]  neither was the one in russell's case where's the accusation bubba where's the accusation necessary
[40:53.120 --> 41:00.640]  to give the grand jury jurisdiction to examine into anything now a federal grand jury can examine
[41:00.640 --> 41:06.720]  into anything it wants to with or without a complaint whether a crime's been committed or not
[41:06.720 --> 41:14.000]  and that's very clear in law but a state grant texas grand jury is not a federal grand jury
[41:14.000 --> 41:22.080]  a state grant texas grand jury is not a federal grand jury and it is only granted authority to
[41:22.080 --> 41:28.000]  examine into a criminal accusation it must be there
[41:31.040 --> 41:35.200]  and the only way the court can get subject matter jurisdiction
[41:35.200 --> 41:44.640]  is after a magistrate has held an examining trial and found probable cause based on a criminal
[41:44.640 --> 41:54.080]  accusation there's no way around it criminal accusation must be there and it's defined by
[41:54.080 --> 42:02.640]  15.05 code of criminal procedure it's it is very clear what must be there in order for the criminal
[42:02.640 --> 42:08.320]  accusation to be sufficient to invoke the subject matter jurisdiction of the court
[42:09.920 --> 42:16.400]  and that's all there is to that yeah now let's talk for a minute in 15 17 about what you and
[42:16.400 --> 42:22.400]  i discussed today about the things that the court is required to do to show evidence of
[42:24.080 --> 42:30.080]  when they interview someone whether it be in person or whatever for the uh for the examining
[42:30.080 --> 42:38.160]  trial that they're required to give okay let's let's put 15 17 into context chapter 14 addresses
[42:38.160 --> 42:48.720]  arrest and arrest without a warrant chapter 15 addresses an arrest with a warrant 1406 requirement
[42:48.720 --> 42:56.160]  that a person arrested with a warrant be taken directly to the nearest magistrate 15 17 directs
[42:56.160 --> 43:01.120]  the person arrested on a warrant to take the person directly to the person to the magistrate
[43:01.120 --> 43:05.600]  that issued the warrant unless the magistrate's not available then he's to be taken to the nearest
[43:05.600 --> 43:16.160]  magistrate 15 17 if ever there was a statute that was intended to be misconstrued and misunderstood
[43:16.160 --> 43:26.720]  that's the one 15 17 is about a page and a half one sentence no normal human being can read that
[43:26.720 --> 43:35.760]  and make sense of it unless they read it a number of times about to go to break when we come back
[43:35.760 --> 43:42.080]  to break i'll pull that up and let's just we'll talk about 15 17 a piece of garbage that needs
[43:42.080 --> 43:48.400]  fixed
[44:02.400 --> 44:06.800]  our coffee grows in the dense volcanic rich soil herbicide and pesticide free and in the high
[44:06.800 --> 44:11.360]  altitudes of guatemala in conditions that are ideal for natural conditions
[44:11.360 --> 44:15.840]  ideal for natural growth of this high quality coffee try our mellow cup of coffee that is
[44:15.840 --> 44:22.160]  ground and roasted with 25 hemp seed from canada with a wonderful nutty flavor that contains 18
[44:22.160 --> 44:28.000]  protein our roasters bring a unique flavor that makes this the best cup of coffee you'll ever have
[44:28.000 --> 44:33.200]  try our new special roast hemp coffee from hempusa.org and wake up your brain without
[44:33.200 --> 44:39.600]  the jitters our customers look forward to their next cup of hemp coffee visit us at hempusa.org
[44:39.600 --> 44:50.080]  or call 908-691-2608 that's 908-691-2608 and see if you'll change your mind about drinking coffee
[44:50.080 --> 45:10.800]  again taste the difference feel the difference at hempusa.org today
[45:20.080 --> 45:34.240]  okay randy kelton eddie craig we're back
[45:36.160 --> 45:44.000]  uh eddie where were we yeah uh we're going into 15 17 you said a piece of crap that needs to be
[45:44.000 --> 45:51.280]  fixed yes okay okay i was busy digging through alexis again okay have you got 15 17 in front of
[45:51.280 --> 46:01.040]  you yes i do read it quickly so everybody read it quickly he says it's a page and a half long
[46:03.040 --> 46:09.040]  all right uh duties of arresting officer and magistrate uh in each case enumerated in this
[46:09.040 --> 46:13.360]  code the person making the arrest of the person having custody of the person arrested
[46:13.360 --> 46:17.920]  or the person having custody of the person arrested shall without unnecessary delay
[46:17.920 --> 46:22.640]  not later than 48 hours after the person is arrested take the person arrested or have him
[46:22.640 --> 46:28.400]  taken before some magistrate of the county where the accused was arrested or to provide more
[46:28.400 --> 46:33.680]  expeditiously to the person arrested the warnings described by this article before a magistrate in
[46:33.680 --> 46:39.280]  any other county of this state the arrested person may be taken before the magistrate in person or
[46:39.280 --> 46:43.600]  the image of the arrested person may be presented to the magistrate by means of an electronic
[46:43.600 --> 46:48.800]  broadcast system the magistrate shall inform in clear language the person arrested either in
[46:48.800 --> 46:54.080]  person or through the electronic broadcast system of the accusation against him of any affidavit
[46:54.080 --> 46:59.200]  filed therewith of his right to retain counsel of his right to remain silent of his right to
[46:59.200 --> 47:04.480]  have an attorney present during any interview with peace officers or attorneys representing the state
[47:04.480 --> 47:09.440]  of his right to terminate the interview at any time and of his right to have an examining trial
[47:09.440 --> 47:13.680]  the magistrate shall also inform the person arrested of the person's right to request the
[47:13.680 --> 47:18.400]  appointment of counsel if the person cannot afford counsel the magistrate shall inform the person
[47:18.400 --> 47:22.800]  arrested of the procedures for requesting appointment of counsel if the person does not
[47:22.800 --> 47:26.560]  speak and understand the english language or is deaf the magistrate shall inform the person in
[47:26.560 --> 47:33.680]  a manner consistent with articles 38.30 and 38.31 as appropriate now if we go any further into this
[47:33.680 --> 47:39.280]  there's something i want to jump back to here for a moment notice that the arrested person and it
[47:39.280 --> 47:45.360]  does not differentiate as to what type of arrest has taken place that's number one in the case of
[47:45.360 --> 47:50.880]  a person that is arrested with a warrant without a warrant doesn't matter for what kind of crime
[47:50.880 --> 47:58.960]  does not appear to matter let me address that fifth chapter 15 addresses arrest with a warrant
[47:58.960 --> 48:05.840]  chapter 14 addresses arrest without a warrant and both of them say and from this perspective
[48:05.840 --> 48:12.480]  essentially the exact same thing must be taken before a magistrate of the county and essentially
[48:12.480 --> 48:19.120]  this is reflecting chapter 14 yeah but it actually goes into more detail than chapter 14
[48:19.120 --> 48:26.160]  yes uh it's much longer than chapter 14 in fact and in case you want to look it's 14.06 that deals
[48:26.160 --> 48:33.760]  with must take a mender offender before magistrate without a warrant okay uh but in any case okay
[48:33.760 --> 48:40.720]  the point is is they must also take a person before a magistrate with a warrant yes uh in no
[48:40.720 --> 48:47.600]  case um except a little further down here in 15 17 when the warrant has been issued now if there
[48:47.600 --> 48:54.320]  has been no warrant i can find nothing in chapter 14 that allows them to ever take you straight to
[48:54.320 --> 49:01.280]  jail they are required to take you before a magistrate unless for some reason they're all
[49:01.280 --> 49:08.080]  on the same golf course and no one knows where that is and and that's what my case law research
[49:08.080 --> 49:16.160]  goes to i can find no case or a yes okay yes i can find a case where they're allowed to take
[49:16.160 --> 49:25.440]  you directly to jail and those are in times of extreme emergency it one of the primary cases was
[49:25.440 --> 49:34.720]  a case where they had a race riot in mississippi and they arrested 150 something people and held
[49:34.720 --> 49:40.880]  them all weekend and brought him before a magistrate on monday and were charged with
[49:40.880 --> 49:46.080]  false imprisonment because they didn't locate a magistrate immediately they were allowed to take
[49:46.080 --> 49:54.320]  them to jail because they were supposedly suppressing a riot but once that was done
[49:55.840 --> 50:01.920]  then they had a duty to find a magistrate if you're in louisiana and the dam's just broke
[50:03.040 --> 50:08.960]  you don't have to search seek a magistrate if you arrest someone you drop him in jail
[50:08.960 --> 50:14.800]  you hit the street again because it is an emergency but it has to be a certifiable
[50:14.800 --> 50:23.440]  verified emergency whether the time for the officer's attention is is immediately
[50:24.080 --> 50:32.000]  required somewhere else and he has to show that absent that condition he has no authority to take
[50:32.000 --> 50:37.360]  you to jail it was never intended that a policeman hold the key to the jailhouse door
[50:37.360 --> 50:44.320]  right now along that same note where we keep talking about whether they can have you sign
[50:44.320 --> 50:53.040]  a citation and release you when randy is talking about when it says on a citation to appear on or
[50:53.040 --> 51:00.960]  before 1406 addresses that specifically 1406 b a peace officer who is charging a person including
[51:00.960 --> 51:05.440]  a child will committing an offense that is a class c misdemeanor other than an offense under section
[51:05.440 --> 51:12.880]  49.02 penal code may instead of taking the person before a magistrate issue a citation to the
[51:12.880 --> 51:20.400]  person that contains written notice of the time and place the person must appear before a magistrate
[51:20.400 --> 51:26.560]  the name and address of the person charged and the offense charged now notice a time and a place to
[51:26.560 --> 51:32.240]  appear before a magistrate not a time and a place over an expansive time when you may be able to
[51:32.240 --> 51:38.720]  show up and the court is closed or a magistrate is out for the day but a time and a place it is
[51:38.720 --> 51:45.440]  setting an appointment a specific date a specific time in a specific place with a specific magistrate
[51:47.200 --> 51:53.600]  that is exactly why randy goes on about why that's a requirement not on or before because that leaves
[51:53.600 --> 51:58.960]  an entire period of time in there that you could appear on or before when someone may or may not
[51:58.960 --> 52:03.280]  be there and it basically means you may have to go multiple times just to find somebody
[52:04.560 --> 52:11.040]  yes that implies that they have no intention of bringing you before a magistrate and holding an
[52:11.040 --> 52:17.120]  examining trial as required by law exactly and that's the issue i keep going to when i talk to
[52:17.120 --> 52:26.960]  my counsel on this uh issue with the secretary of state i went through i filed motions on all
[52:26.960 --> 52:38.400]  these issues and that one we had a pretty good debate over he didn't think that you should that
[52:38.400 --> 52:44.240]  the officer should have to bring you directly to a magistrate he didn't see the great importance
[52:44.240 --> 52:52.320]  in it but then again he's an attorney he didn't see the importance i did what he did lock right
[52:52.320 --> 53:04.000]  in on was the fact that the judge had or the magistrate when he did appear had documents in
[53:04.000 --> 53:14.640]  his hand that really got his attention yo bubba where'd you get those outside of proper hearing
[53:14.640 --> 53:21.760]  and that that was one he didn't think they could get around so that was good here at least we
[53:21.760 --> 53:30.160]  at least we've got that part's going to carry more weight than i expected yeah now also before
[53:30.160 --> 53:36.560]  i go on in 1517 i again want to clarify something else where it specifically speaks to what the
[53:36.560 --> 53:44.080]  magistrate shall do where it says uh shall inform in clear language the person arrested either in
[53:44.080 --> 53:50.240]  person or through the electronic broadcast system of the accusation against him and of any affidavit
[53:50.240 --> 53:57.440]  filed there with that is your complaint that's the affidavit of his right to retain counsel now
[53:57.440 --> 54:01.520]  i am never ever told in a traffic case that i have the right to retain counsel
[54:03.440 --> 54:09.520]  of his right to remain silent i'm never told that either i'm told what's your name answer this if
[54:09.520 --> 54:14.880]  you don't do this i hold you in contempt give me this information i'm not told i can stay silent
[54:14.880 --> 54:22.160]  my rights are never read to me in a traffic case so guess what of his right to have an attorney
[54:22.160 --> 54:27.600]  present during any interview with peace officers or attorneys representing the state now here's
[54:27.600 --> 54:33.920]  something that came up to me and made me think when a police officer is interviewing you on the
[54:33.920 --> 54:38.960]  side of the road where is your assistance of counsel he's questioning you he's wanting
[54:38.960 --> 54:44.720]  information out of you where's your counsel if you have the right to it then just tell him
[54:44.720 --> 54:48.160]  i'm sorry officer i can't answer any of your questions until my lawyer gets here
[54:49.680 --> 54:54.880]  but in any case now uh when laryndy was talking about a state of emergency a while ago
[54:54.880 --> 55:00.640]  now you know exactly why my very first question is what is the emergency and how can i help
[55:02.000 --> 55:07.120]  if he doesn't have an official state of emergency that requires him to do all kinds of things
[55:07.120 --> 55:12.960]  extraordinarily then the next thing he does becomes very very important to his ability to function
[55:12.960 --> 55:18.400]  from then on in his official capacity and it helps me out a lot as well if i know how to apply it
[55:20.960 --> 55:28.160]  now as well as telling you all these things okay of his right to terminate the interview at any
[55:28.160 --> 55:34.080]  time and of his right to have an examining trial notice it does not specify that it's an option
[55:34.960 --> 55:41.200]  as far as they don't have to give you one you have a right to an examining trial
[55:41.200 --> 55:46.160]  and a right cannot be thrown out just because you're in a lower court or you're accused of
[55:46.160 --> 55:52.240]  a traffic offense this says in a criminal case which is what they've deemed a traffic offense
[55:52.240 --> 55:59.040]  to be so this applies to them like it or not all right now i'll go ahead and read the rest of it
[55:59.040 --> 56:05.040]  here if the person arrested is indigent and requests appointment of counsel and if the
[56:05.040 --> 56:12.160]  magistrate is authorized under article 26.04 to appoint counsel for indigent defendants in the
[56:12.160 --> 56:18.880]  county the magistrate shall appoint counsel in accordance with article 1.051 if the magistrate
[56:18.880 --> 56:23.520]  is not authorized to appoint counsel the magistrate shall without unnecessarily delay
[56:23.520 --> 56:28.800]  unnecessary delay but not later than 24 hours after the person arrested requests appointment
[56:28.800 --> 56:34.560]  of counsel transmit or cause to be transmitted to the court or to the court's designee authorized
[56:34.560 --> 56:41.040]  authorized under article 26.04 to appoint counsel in the county the forms requesting the appointment
[56:41.040 --> 56:46.960]  of counsel that's a long-winded way of saying that hey we'll we'll send the proper forms over
[56:46.960 --> 56:50.640]  and tell the person there that gets them how to do it the magistrate shall
[56:55.920 --> 56:56.640]  did we lose you
[56:56.640 --> 57:09.280]  can you hear me randy yes yes i can hear you okay just just making sure uh the magistrate let's see
[57:10.880 --> 57:15.520]  appointment counsel the magistrate shall also inform the person arrested that he is not
[57:15.520 --> 57:20.160]  required to make a statement and any statement made by him may be used against him now that's
[57:20.160 --> 57:24.640]  never told to you in traffic court either the magistrate shall allow the person arrested
[57:24.640 --> 57:29.280]  reasonable time opportunity to consult counsel and shall after determining whether the person
[57:29.280 --> 57:34.560]  is currently on bail for a separate criminal offense admit the person arrested to bail if
[57:34.560 --> 57:39.840]  allowed by law a recording of the communication between the arrested person and the magistrate
[57:39.840 --> 57:48.400]  shall be made now that's very very important not one time in any traffic court i ever set foot in
[57:48.400 --> 57:56.000]  has there been a recording made of anything that judge is sitting there telling me ever okay but
[57:56.000 --> 58:10.560]  this says the recording shall be made the recording shall be preserved okay we unlike the courts do
[58:10.560 --> 58:18.720]  have a recording and it is being preferred we'll be right back ran to california craig
[58:23.360 --> 58:32.080]  oh 35 seconds okay i cannot allow there to be dead air so we have to cover this extra 28 seconds
[58:32.080 --> 58:39.920]  you got 28 seconds yeah we'll be right back in just a minute with more on order 15.1
[58:39.920 --> 58:46.160]  point one seven this is as long as we get to the break on time okay
[58:46.160 --> 58:51.600]  let me count eddie craig deborah stephen has some hot off we'll be right back trying to stay out of
[58:51.600 --> 59:05.200]  trouble are you the plaintiff or defendant in a lawsuit win your case without an attorney with
[59:05.200 --> 59:12.800]  jurisdictionary the affordable easy to understand 4cd course that will show you how in 24 hours
[59:12.800 --> 59:19.760]  step by step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
[59:19.760 --> 59:25.600]  know what you should do for yourself thousands have won with our step-by-step course and now
[59:25.600 --> 59:32.240]  you can too jurisdictionary was created by a licensed attorney with 22 years of case winning
[59:32.240 --> 59:38.240]  experience even if you're not in a lawsuit you can learn what everyone should understand about
[59:38.240 --> 59:44.560]  the principles and practices that control our american courts you'll receive our audio classroom
[59:44.560 --> 59:52.400]  video seminar tutorials forms for civil cases pro se tactics and much more please visit rule
[59:52.400 --> 01:00:04.160]  of law radio.com and click on the banner or call toll-free 866-LAW-EASY this news brief brought to you by the international news net
[01:00:04.160 --> 01:00:10.080]  barack obama friday approved the first formal talks between iranian and u.s officials since
[01:00:10.080 --> 01:00:15.920]  diplomatic relations were broken 30 years ago despite warnings from tehran it will not negotiate
[01:00:15.920 --> 01:00:22.320]  on its nuclear program obama decided to accept iran's offer of talks an afghan government
[01:00:22.320 --> 01:00:28.480]  investigator says the september 4th nato airstrike that destroyed two hijacked oil tankers killing
[01:00:28.480 --> 01:00:36.080]  99 people and 30 civilians occurred after a german military commander ordered a u.s air attack
[01:00:36.080 --> 01:00:41.760]  nato's report expected any day now will be politically damaging for the german government
[01:00:41.760 --> 01:00:48.240]  two weeks before national elections the official death toll of u.s soldiers in iraq and afghanistan
[01:00:48.240 --> 01:00:56.160]  stood at over 5100 in the second week of september not included were 1360 private contractors
[01:00:56.160 --> 01:01:01.200]  total contractor deaths and injuries in both wars now total 30 000.
[01:01:03.600 --> 01:01:09.600]  creation a british film about charles darwin has failed to find a u.s distributor because his
[01:01:09.600 --> 01:01:14.800]  theory of evolution is too controversial for american audiences the film has been
[01:01:14.800 --> 01:01:20.480]  sold in almost every territory around the world but u.s distributors have resolutely passed on
[01:01:20.480 --> 01:01:27.600]  a film that would prove hugely divisive according to a february gallup poll only 39 of americans
[01:01:27.600 --> 01:01:34.160]  believe in the theory of evolution movieguide.org an influential site that reviews films from a
[01:01:34.160 --> 01:01:40.320]  christian perspective described darwin as the father of eugenics and denounced him as a racist
[01:01:40.320 --> 01:01:47.200]  and a bigot whose legacy is mass murder the site stated darwin's half-baked theory directly
[01:01:47.200 --> 01:01:52.880]  influenced adolf hitler and led to atrocities crimes against humanity cloning and genetic
[01:01:52.880 --> 01:01:58.880]  engineering jeremy thomas the film's oscar-winning producer said he was astonished that such
[01:01:58.880 --> 01:02:04.960]  attitudes exist 150 years after darwin's on the origin of species was published
[01:02:10.240 --> 01:02:15.680]  nobel prize-winning economist joseph stiglitz says the u.s has failed to fix the underlying
[01:02:15.680 --> 01:02:20.960]  problems of its banking system after the credit crunch and the collapse of layman brothers
[01:02:20.960 --> 01:02:27.120]  stiglitz said sunday the too big to fail banks have become even bigger adding the problems are
[01:02:27.120 --> 01:02:33.200]  worse than they were in 2007 before the crisis a year after the collapse of layman forced the
[01:02:33.200 --> 01:02:38.960]  treasury department to spend billions to shore up the financial system bank of america's assets
[01:02:38.960 --> 01:02:44.800]  have grown and citigroup remains intact stiglitz said the u.s government is wary of challenging
[01:02:44.800 --> 01:02:50.800]  the financial industry because it is politically difficult saying he hopes the group of 20 leaders
[01:02:50.800 --> 01:02:58.160]  gathering next week in pittsburgh will cajole the u.s into tougher action
[01:03:01.200 --> 01:03:04.640]  you are listening to the rule of law radio network
[01:03:04.640 --> 01:03:21.120]  at rule of law radio.com live free speech talk radio at its best
[01:03:34.720 --> 01:03:45.120]  really
[01:03:45.920 --> 01:03:54.960]  randy kelton eddie craig rule of law and we're talking about article 1517 and when and how you
[01:03:54.960 --> 01:04:01.360]  must be brought before a magistrate in this case even with a warrant and primarily we're dealing
[01:04:01.360 --> 01:04:09.200]  with the right of a police officer to arrest you on a traffic citation and what he must do
[01:04:10.000 --> 01:04:22.560]  when he has done that you spoke earlier to 2.05 and 1406 i'm sorry we want to go to 1406 where
[01:04:23.280 --> 01:04:30.320]  you indicated there was nothing in there that authorized a police officer to arrest without a
[01:04:30.320 --> 01:04:40.960]  warrant i'm sorry to arrest a person for a transportation code offense that seems pretty clear
[01:04:41.600 --> 01:04:47.680]  yeah section b is the only missed class c misdemeanor let's see a person a peace officer
[01:04:47.680 --> 01:04:52.080]  who is charging a person including a child will commit an offense that is a class c misdemeanor
[01:04:52.080 --> 01:04:56.560]  other than an offense under section 49.02 penal code now isn't that open container
[01:04:56.560 --> 01:05:06.240]  i don't remember off hand uh may instead of taking the person before magistrate issue a citation to
[01:05:06.240 --> 01:05:11.440]  the person that contains written notice of the time and place the person must appear before
[01:05:11.440 --> 01:05:15.760]  magistrate the name and address of the person charged at the person and the offense he's
[01:05:15.760 --> 01:05:25.520]  charged with now here's the thing it does not say arrest and go to jail it says issue a citation of
[01:05:25.520 --> 01:05:33.520]  the person uh or take them to a magistrate it's an either or situation he's not allowed to take
[01:05:33.520 --> 01:05:39.200]  you and just throw you in jail yeah that's been my contention from the beginning we have a bunch
[01:05:39.200 --> 01:05:45.920]  of callers um we've kind of been letting them hang on so i'd like to go to the call board but we've
[01:05:45.920 --> 01:05:52.960]  got russell from texas up and i mentioned his case earlier yeah oh 49.02 is public intoxication which
[01:05:52.960 --> 01:05:58.400]  if you've ever been cited with that i would highly recommend you go read because most of the time
[01:05:58.400 --> 01:06:05.680]  you're not guilty of it when they arrest you for it good okay russell you there yeah i'm here
[01:06:05.680 --> 01:06:11.360]  okay you got a question or comment well isn't the magistrate a judicial officer
[01:06:13.840 --> 01:06:20.480]  has to be well in 1517 is unconstitutional because the u.s supreme court has already ruled
[01:06:20.480 --> 01:06:26.400]  in several cases it's actually free but most recently last year if you go before a judicial
[01:06:26.400 --> 01:06:32.320]  officer he tells you the charges against you your liberty is restricted and he sets bond
[01:06:32.320 --> 01:06:37.600]  then you must have an attorney there ain't no question do you want an attorney or anything
[01:06:37.600 --> 01:06:44.880]  like that you must have one before you even see that magistrate well the magistrate's required
[01:06:44.880 --> 01:06:54.960]  required to give you that that's the de lespy case right uh ross roth gary county but in the uh i was
[01:06:54.960 --> 01:07:01.520]  looking in lexus in the annotations on 1517 they mentioned the hernandez case which is a a
[01:07:01.520 --> 01:07:08.800]  precursor to roth gary where absolutely this is an adversarial hearing wherein you have a right to
[01:07:08.800 --> 01:07:15.680]  counsel yes but you said uh when you were quoting 1517 while ago that he would advise you uh you
[01:07:15.680 --> 01:07:21.440]  know for counsel and all that he has to have counsel before before he's even before that
[01:07:21.440 --> 01:07:28.080]  magistrate that magistrate can't even uh uh speak to the person without counsel that's a violation
[01:07:28.080 --> 01:07:34.320]  of sixth amendment well actually he can he can speak to him for the purpose of advising him that
[01:07:34.320 --> 01:07:40.720]  he has the right to counsel and if the person elects to proceed without counsel then he can
[01:07:40.720 --> 01:07:46.400]  proceed if the person doesn't then he has to stop well he can ask that but he has to have counsel
[01:07:46.400 --> 01:07:53.360]  present and if that count person elects not to have counsel then he can proceed if not then there
[01:07:53.360 --> 01:08:00.960]  has to be counseled there for that person so all the magic all the magistrate can do is it first
[01:08:00.960 --> 01:08:06.800]  advise him of his right to counsel and if he indicates he wishes counsel present then he must
[01:08:06.800 --> 01:08:12.080]  give him granted continues to give him time to seek counsel that's not what the supreme court
[01:08:12.080 --> 01:08:17.200]  is saying randy in those cases no and actually randy if you think about it uh you remember the
[01:08:17.200 --> 01:08:22.560]  old tv show night court yes not that this is a perfect example but still you remember on the
[01:08:22.560 --> 01:08:28.880]  show where the judge has yet to address or even find out any information about the defendant until
[01:08:28.880 --> 01:08:33.600]  both the defendant and the counsel and the prosecutor are all standing in front of him
[01:08:34.320 --> 01:08:39.520]  and the defendant's counsel of course yes but they the judge doesn't even know any have any
[01:08:39.520 --> 01:08:46.080]  information on the case until that has all been accomplished but under texas law it is the judge
[01:08:46.080 --> 01:08:52.240]  who appoints counsel and the judge is authorized to appoint counsel under in chapter 16 examining
[01:08:52.240 --> 01:08:57.600]  trial but the texas law is unconstitutional according to the u.s supreme court supreme
[01:08:57.600 --> 01:09:01.120]  court said that's not the case it's what russell's saying and i agree i've i've
[01:09:02.400 --> 01:09:07.280]  he has to have a another word okay there's a council that's sitting over in the corner
[01:09:07.280 --> 01:09:13.040]  and before he opens his trap to that defendant he has to find out whether that defendant wants
[01:09:13.040 --> 01:09:19.200]  counsel or if if the if the defendant says i do want counsel then he can ask okay are you going
[01:09:19.200 --> 01:09:25.120]  to buy are you going to get your own counsel if that's the case then he can ask for a continuance
[01:09:25.120 --> 01:09:29.840]  he said well no i don't have counsel okay i have an attorney sitting right here he will represent
[01:09:29.840 --> 01:09:35.120]  you during this hearing because that's exactly what the hell this is a hearing exactly in new
[01:09:35.120 --> 01:09:42.400]  york that's precisely what they do because this magistration crap is nothing but a disguise from
[01:09:42.400 --> 01:09:49.280]  a hearing now in my case uh okay do you is there any motions or anything like that that's supposed
[01:09:49.280 --> 01:09:56.320]  to go on during a magistration now what do we know about no motions can the prosecutor turn
[01:09:56.320 --> 01:10:02.880]  around and send the judge a motion for bond conditions without having a hearing right
[01:10:02.880 --> 01:10:08.480]  the prosecutor as i understand in an examining trial the prosecutor has no standing
[01:10:11.120 --> 01:10:14.000]  well i'm talking they're going to they're not going to say this examining trial they're going
[01:10:14.000 --> 01:10:19.840]  to say it's a magistrate they notice in this case though that uh the prosecution's never
[01:10:19.840 --> 01:10:26.400]  even mentioned this is strictly an engagement between the magistrate and the accused that's
[01:10:26.400 --> 01:10:33.040]  true but when they're but they're using these as a disguised hearing and in my case i agree with
[01:10:33.040 --> 01:10:39.600]  that then in my case they turned around and the prosecutor sent a motion to the judge for
[01:10:39.600 --> 01:10:45.520]  additional bail restrictions bond restrictions now what do we know about motion what they did
[01:10:45.520 --> 01:10:51.120]  today in west what what do we know about motions randy they have to be served upon the other party
[01:10:51.120 --> 01:10:56.880]  there have to be so many days it has to be a cause of action that's right and there isn't a cause of
[01:10:56.880 --> 01:11:02.800]  action and that's going to be my my other argument in my tertiary to the supreme court that there was
[01:11:02.800 --> 01:11:10.240]  a hearing held here there was no prosecutor there and there was a motion taken before the court and
[01:11:10.240 --> 01:11:16.480]  the judge signed off on it without my knowledge or anything and he wasn't a judge at that point
[01:11:16.480 --> 01:11:22.640]  so he had no such authority he was a magistrate well to me a magistrate the judge is the same
[01:11:22.640 --> 01:11:28.960]  thing no they're not why a magistrate can only do one thing there are two offices in one body
[01:11:28.960 --> 01:11:35.760]  that's right there's still a judicial officer yeah he's a judicial officer but in this particular
[01:11:35.760 --> 01:11:41.920]  judicial officer has two duties two things he can do find probable cause set bail that's it
[01:11:42.960 --> 01:11:48.240]  that's all he can do okay well they're doing a lot more than that because they're ruling on
[01:11:48.880 --> 01:11:52.960]  bond conditions and all that other stuff that the prosecutions and people like that submit
[01:11:52.960 --> 01:12:00.560]  yeah he can set bond he can set bond conditions that he can do no i mean he can't do it if the
[01:12:00.560 --> 01:12:05.040]  prosecution is the one asking for it and the prosecutor is not there and he's doing it by
[01:12:05.040 --> 01:12:14.960]  motion how does how does a prosecutor file a motion and not represent the motion in court
[01:12:14.960 --> 01:12:23.200]  well that's what i was but yeah to hear a motion there has to be a cause there's no provision for
[01:12:23.200 --> 01:12:29.760]  filing a motion in a she had that motion there and had it signed and gave it to me there was no if
[01:12:29.760 --> 01:12:36.560]  ands or buts about it i couldn't protest it i couldn't say hey i object nothing this was a tiny
[01:12:36.560 --> 01:12:42.720]  little hearing in a disguise of a magistrate and that's the way they do it and that was that was
[01:12:42.720 --> 01:12:50.000]  one of the things the court of the in your appeal they just ignored yes it's a whole stack of things
[01:12:50.000 --> 01:12:59.520]  they just ignored and essentially what the court of appeals said is it makes no difference what
[01:12:59.520 --> 01:13:06.320]  happens to you what's done to you before there is an indictment yeah if they if it doesn't matter
[01:13:06.320 --> 01:13:10.960]  uh hilla beans if they if you're getting ready to have an examining trial at two o'clock and they
[01:13:10.960 --> 01:13:15.680]  indict you at one o'clock the examining trial is done with the indictment counts the most
[01:13:16.240 --> 01:13:20.720]  and i don't see that in law anyway what they were saying is it makes no difference what they've done
[01:13:20.720 --> 01:13:25.360]  to you before that the all the due process violations that we addressed they said doesn't
[01:13:25.360 --> 01:13:30.960]  matter after indictment all of it doesn't matter anymore that's true but my argument to the supreme
[01:13:30.960 --> 01:13:37.200]  court's going to be this magistrate is just a phony ass uh name for an actual hearing because
[01:13:37.200 --> 01:13:41.360]  that's exactly what you've got going especially when they're ruling on motions and doing other
[01:13:41.360 --> 01:13:46.080]  things more than what they're supposed to be doing and you're before it's an official officer
[01:13:46.080 --> 01:13:51.040]  magistrates acting as a trial court judge something of which he has no authority
[01:13:54.880 --> 01:14:02.400]  the prosecutor can go to the trial court and ask for a increase in bail
[01:14:02.400 --> 01:14:09.600]  increase in bail well they did that a month later but but they wanted me under bond conditions
[01:14:09.600 --> 01:14:14.320]  telling me to stay away from the supposed victim and do this and do that and everything else
[01:14:14.320 --> 01:14:20.640]  so they turned around and forwarded a motion to that magistrate and that magistrate made a ruling
[01:14:20.640 --> 01:14:25.040]  on that motion for that signed it off and stuff and give it to me and told me these were my bond
[01:14:25.040 --> 01:14:31.200]  restrictions didn't ask me a word i find probable cause to hold you over you're charged with this
[01:14:31.200 --> 01:14:39.200]  this and this bail and such and such and here's a motion that has been approved by me for bond
[01:14:39.200 --> 01:14:45.120]  conditions in other words you can get a bond you can do all that stuff but if they want to stick in
[01:14:45.120 --> 01:14:50.320]  a bond condition that hey you can't swim across the river or some crap then that the prosecutor
[01:14:50.320 --> 01:14:55.760]  has to do that by motion there was no prosecutor there the motion was already sent to the judge
[01:14:55.760 --> 01:15:01.040]  you know and she basically already signed off on it she signed off on it and had to have me
[01:15:01.040 --> 01:15:07.920]  sign the paper too well how could she sign it even take a motion if she's not a uh if she's
[01:15:07.920 --> 01:15:12.560]  in a magistrate if she's a magistrate not a judicial officer they're the ones that's supposed
[01:15:12.560 --> 01:15:19.760]  to be handling the motions and also if there's no proof of service on the motion that's filed with
[01:15:19.760 --> 01:15:26.720]  that's true i mean it's just totally just letting all the rules all the proper procedures just fly
[01:15:26.720 --> 01:15:32.320]  out the window when it comes to this magistration crap and everybody's being railroaded because of
[01:15:34.080 --> 01:15:39.920]  i agree and it's it's dramatically increased the jail population because the prosecutors
[01:15:39.920 --> 01:15:47.680]  use the magistration to circumvent those practices that would eliminate a lot of prosecutions before
[01:15:47.680 --> 01:15:54.880]  they ever began that's right that was the intent of the of the examining trial that's why i say
[01:15:54.880 --> 01:16:02.240]  15 17 or certain sections of it or maybe the whole thing is really unconstitutional because
[01:16:02.240 --> 01:16:08.080]  the supreme court said that these there's seven states to do this stuff the supreme court said
[01:16:08.080 --> 01:16:15.360]  it's a no-no the other 43 uh yeah 43 states can follow the proper procedures and do it correctly
[01:16:15.360 --> 01:16:22.480]  why in the hill can texas south carolina kansas alabama you know i can't remember the other a few
[01:16:22.480 --> 01:16:28.960]  why can't they do that it's just that they're putting people in jail illegally and it doesn't
[01:16:28.960 --> 01:16:36.240]  matter okay we're going to break russell you can hang on with the others hang on to the other side
[01:16:36.240 --> 01:16:42.640]  if you want to okay it's these randy kelton eddie craig uh debbie stevens has the night off
[01:16:42.640 --> 01:16:47.680]  every stephen says the night off group of law radio group actual
[01:16:59.760 --> 01:17:04.560]  you feel tired when talking about important topics like money and politics are you confused
[01:17:04.560 --> 01:17:09.200]  by words like the constitution or the federal reserve what if so you may be diagnosed with
[01:17:09.200 --> 01:17:15.040]  the deadliest disease known today stupidity hi my name is steve holt and like millions of
[01:17:15.040 --> 01:17:20.320]  other americans i was diagnosed with stupidity at an early age i had no idea that the number
[01:17:20.320 --> 01:17:25.760]  one cause of the disease is found in almost every home in america the television unfortunately that
[01:17:25.760 --> 01:17:31.120]  puts most americans at risk of catching stupidity but there is hope the staff at brave new books
[01:17:31.120 --> 01:17:35.920]  have helped me and thousands of other foxaholics suffering from sports zombieism recover and
[01:17:35.920 --> 01:17:40.640]  because of brave new books i now enjoy reading and watching educational documentaries without
[01:17:40.640 --> 01:17:46.480]  feeling tired or uninterested so if you or anybody you know suffers from stupidity then you need to
[01:17:46.480 --> 01:17:55.040]  call 512 480 2503 or visit them in 1904 guadalupe or brave new bookstore.com side effects from using
[01:17:55.040 --> 01:17:58.560]  brave new books products may include discernment and enlarged vocabulary and an overall increase
[01:17:58.560 --> 01:18:09.920]  in mental functioning
[01:18:28.560 --> 01:18:39.920]  see
[01:18:45.840 --> 01:18:54.320]  okay we're back uh we're talking to russell from texas and russell is not happy and he raises a
[01:18:54.320 --> 01:19:02.240]  very good point when i was in new york i sat and a friend of mine's wife had been
[01:19:03.360 --> 01:19:08.880]  a guy had a problem with macy's and we went into court russell was right
[01:19:10.720 --> 01:19:17.040]  she had a public defender approach her in the courtroom and asked do you have an attorney
[01:19:17.040 --> 01:19:24.240]  and she said no well then i can represent you for this hearing before she ever spoke to the judge
[01:19:24.240 --> 01:19:30.800]  before she got to the judge they had the public defenders came in and addressed every person there
[01:19:30.800 --> 01:19:37.280]  to make sure they had an attorney before they went in front of the judge and that appears as
[01:19:37.280 --> 01:19:47.200]  as it should be and that's what the supreme court says it's supposed to be and this is what one of
[01:19:47.200 --> 01:19:53.040]  the things that we're trying to get a proper examining trial it will take everybody will win
[01:19:53.040 --> 01:20:04.240]  from this you look at this and it's nuts how why it's done this way it harms everybody if they do
[01:20:04.240 --> 01:20:13.520]  if they do it properly everybody wins the prosecutor wins the the police and the public win
[01:20:13.520 --> 01:20:20.640]  because they're not so at odds with each other the courts win because a lot of issues never
[01:20:21.360 --> 01:20:28.880]  pass the examining trial the judge can tell the officer you know you grab this guy when he told
[01:20:28.880 --> 01:20:33.520]  you he wouldn't ask you what part of i don't want to talk to you do you not understand you can't
[01:20:33.520 --> 01:20:40.880]  arrest him for that send him home it's gone well it's gonna it's gonna also uh allow issues to be
[01:20:40.880 --> 01:20:47.440]  settled before uh uh this phony indictment comes down because every time you see an indictment
[01:20:47.440 --> 01:20:51.760]  unless you're some kind of privileged person or whatever you're never told that you're being taken
[01:20:51.760 --> 01:20:56.960]  before a grand jury so you can go down there and tell them what the what the deal was to keep from
[01:20:56.960 --> 01:21:02.000]  being indicted they want that indictment they want you to be railroaded that's just like when they
[01:21:02.000 --> 01:21:06.800]  catch cops doing something or somebody a cop shooting somebody or something they go in there
[01:21:06.800 --> 01:21:12.080]  and the prosecutor has a whole different role when it comes to that if they're taking an officer that
[01:21:12.080 --> 01:21:17.520]  just shot somebody like they did in austin here and to a grand jury setting the prosecutor goes
[01:21:17.520 --> 01:21:22.320]  in there and said oh this guy did nothing wrong uh you know this is the reason why and everything
[01:21:22.320 --> 01:21:27.040]  else that he shouldn't be indicted as soon as you get one of us in there it's like hey this is a
[01:21:27.040 --> 01:21:33.280]  badass boy we got to indict him it doesn't matter whether hell they got all the proper evidence or
[01:21:33.280 --> 01:21:41.760]  not and that's and that could be coming out into the examining trial examining trial both sides
[01:21:41.760 --> 01:21:50.880]  get to to tell their story and it goes on the record so you know even in in texas if you're
[01:21:50.880 --> 01:21:58.960]  indicted you're not indicted until you've been arrested if the grand jury finds a true bill
[01:21:58.960 --> 01:22:06.080]  not in my case well this is this is how the law is set up well that was the arguments we made in
[01:22:06.080 --> 01:22:14.320]  your appeal the way the law is set up this the legislature specifically for bad the clerk to to
[01:22:14.320 --> 01:22:20.960]  to enter notations of the indictment in the record until the person had been arrested now why would
[01:22:20.960 --> 01:22:27.680]  they do that if a person's been arrested they could know they can file the indictment with the court
[01:22:28.720 --> 01:22:34.320]  but if the person hasn't been arrested they can't they have to wait until he's been arrested what
[01:22:34.320 --> 01:22:43.200]  would they do that for only one reason examining trial person has to be arrested brought before
[01:22:43.200 --> 01:22:47.360]  magistrate he gets to tell his side and put it on the court record
[01:22:49.920 --> 01:22:53.040]  then the indict the fact of the indictment can be entered in the court
[01:22:54.400 --> 01:22:58.080]  so this is clear they the law there's nothing wrong with the law the law is well written
[01:22:59.040 --> 01:23:00.320]  they're just not following it
[01:23:02.560 --> 01:23:06.400]  it's not expeditious enough the way it's written well actually
[01:23:06.400 --> 01:23:12.720]  uh the prosecutors i've talked to they didn't have a problem with an examining trial well no
[01:23:12.720 --> 01:23:17.680]  but what i'm saying is it screws up the timing of the money meal the faster the turnaround the more
[01:23:17.680 --> 01:23:23.760]  money it generates that's the way it's viewed yeah that's certainly my argument that the prosecutors
[01:23:23.760 --> 01:23:32.080]  set this up so they can force people to take a deal but in point of fact i don't think that's
[01:23:32.080 --> 01:23:40.080]  how it happened if this is just something that evolved and nobody screamed the attorneys
[01:23:41.600 --> 01:23:46.960]  they wanted to cut cut corners with and then nobody would raise any issues about it yeah
[01:23:46.960 --> 01:23:52.480]  and they cut one little corner and another little corner and it created a situation that's bad for
[01:23:52.480 --> 01:23:59.440]  everybody but nobody knows how to fix it everybody who's doing it thinks this is the way it's
[01:23:59.440 --> 01:24:04.640]  supposed to be done because it's what i do that's what i've always done what i was taught to do
[01:24:04.640 --> 01:24:09.360]  therefore it must be right and then some knucklehead comes along and tells me what i've
[01:24:09.360 --> 01:24:16.080]  been doing all my life it's all screwed up well who are you bubba brandy you think when i follow
[01:24:16.080 --> 01:24:23.360]  this upcoming uh habeas corpus in federal court within the next week or so and i subpoenaed the
[01:24:23.360 --> 01:24:29.520]  new uh hays county uh district attorney down there and and want to ask her questions about all the
[01:24:29.520 --> 01:24:34.640]  new changes she's done down there and stuff you think uh they'll they'll uh raise seven kinds of
[01:24:34.640 --> 01:24:39.680]  hell trying to get that subpoena squashed like they did on my misdemeanor and end up dropping it
[01:24:39.680 --> 01:24:46.320]  uh it was a good chance i'm kind of interested in to see what happens there this is likely not
[01:24:46.320 --> 01:24:51.600]  to be a dime she's going to want to stand on because you know once you've brought up all
[01:24:51.600 --> 01:24:56.320]  these issues down there in hays county that woman went down there and started changing everything i
[01:24:56.320 --> 01:25:03.920]  mean yeah and i just got another set of cases dropped we haven't addressed them on the air yet
[01:25:04.640 --> 01:25:10.960]  until they actually get a written order but so far my emotions have never got before a court
[01:25:12.480 --> 01:25:18.800]  nobody wants to see them and i just got an email from someone who's filed my emotions two or three
[01:25:18.800 --> 01:25:26.160]  times and never got them to court it always gets uh dropped before it gets there
[01:25:27.680 --> 01:25:32.400]  but they don't want to come in and admit to the changes remember you went down there to
[01:25:32.400 --> 01:25:38.160]  let me see all your um you know the people's records that for the magistrations that day
[01:25:38.160 --> 01:25:43.920]  at the jail and then all of a sudden well that's been forwarded to the uh clerk uh clerk of the
[01:25:43.920 --> 01:25:50.800]  court well that's what they weren't doing that before quickly let me address the story we raised
[01:25:50.800 --> 01:25:57.840]  the issue that the that there were records missing from the court record there are documents that
[01:25:57.840 --> 01:26:02.000]  were supposed to be in there i went to the district clerk and was looking for these records
[01:26:02.960 --> 01:26:06.800]  and asked her where they were and she said she didn't know i said well somebody has to have them
[01:26:07.360 --> 01:26:11.440]  and whoever has them has them to the exclusion of the clerk of court and that's felony in texas
[01:26:11.440 --> 01:26:16.560]  and so it got kind of tense around there and the next time i came to hays county i went to the
[01:26:17.440 --> 01:26:23.120]  magistrate's office which was at the jail and asked for these records well they don't have them
[01:26:23.120 --> 01:26:32.480]  they forwarded everything to the clerk of the court i said everything oh yeah everything no no
[01:26:32.480 --> 01:26:39.120]  no no no not everything there's a couple things you're supposed to keep and you're supposed to
[01:26:39.120 --> 01:26:46.160]  couple things you're supposed to keep well you sure shook them up that's for sure well you know
[01:26:46.160 --> 01:26:52.480]  they read the code and this was a new district attorney so she wasn't invested in the way it had
[01:26:52.480 --> 01:26:58.320]  been done so she could look at it and say hey you guys have been screwing up all this time let's do
[01:26:58.320 --> 01:27:04.240]  it right you know so it was advantageous that we this a district attorney had just been elected
[01:27:04.240 --> 01:27:11.600]  but now she's been in for a while and we went back and we start hammering them and this there's a
[01:27:12.880 --> 01:27:19.680]  assistant prosecutor down there named a weber he's been getting his behind kicked and he is
[01:27:19.680 --> 01:27:25.600]  not a happy camper filing complaints with the grand jury and he intercepts them
[01:27:26.800 --> 01:27:33.200]  come back with complaints against him and he is not happy the judge doesn't let her the
[01:27:33.200 --> 01:27:36.800]  person go to the grand jury when they're in paneling the grand jury they go down there
[01:27:36.800 --> 01:27:40.640]  and they want to talk to the grand jury and just don't let them so now go after the district judge
[01:27:41.920 --> 01:27:46.560]  and just raising a lot of issues down there they're not used to having this done to them
[01:27:46.560 --> 01:27:52.400]  yeah they secreted all 108 of my criminal complaints too yeah uh how many of yours have
[01:27:52.400 --> 01:28:00.160]  they dropped so far i mean oh you mean they you secreted your 108 from the grand jury so far
[01:28:00.160 --> 01:28:03.600]  well they were never taken before the grand jury that's an issue we need to
[01:28:04.720 --> 01:28:11.040]  bring up when the time is ripe but see this it does work to go after them
[01:28:11.920 --> 01:28:14.000]  and do things to them they haven't had done
[01:28:16.800 --> 01:28:21.040]  so anyway you have any more comments we got a bunch of callers russell no that's it
[01:28:21.040 --> 01:28:28.800]  thanks thank you okay we're going to go to jim from texas jim you have any questions or comments
[01:28:28.800 --> 01:28:35.520]  yes i've got a speeding ticket and i want to fight it and i thought you guys might point me
[01:28:35.520 --> 01:28:42.400]  in the right direction how old is the ticket well it's one of these that they have to appear on or
[01:28:42.400 --> 01:28:50.800]  before and it says the 21st of this month have you appeared yet no okay how long ago did you
[01:28:50.800 --> 01:28:59.360]  get the ticket it was uh three weeks ago it's the beginning the end of august okay the rule is the
[01:28:59.360 --> 01:29:08.880]  day you get the ticket run down there okay if not then i suggest you appear on the 21st and demand
[01:29:08.880 --> 01:29:15.360]  to see a magistrate that's what i did last time and when they wouldn't the judge wouldn't hold an
[01:29:15.360 --> 01:29:23.840]  examining trial i asked the city marshal to arrest the judge that was a hoot how'd that go over
[01:29:25.040 --> 01:29:29.680]  oh yeah we'll get there we're about to go to break here we've got about 30 seconds but when
[01:29:29.680 --> 01:29:36.960]  we come back i'll address how that worked out okay to say the least the city marshal was not
[01:29:36.960 --> 01:29:45.680]  a happy camera no okay this is randy california craig through the law never has a night off we'll
[01:29:45.680 --> 01:29:49.680]  be back shortly got two more segments
[01:29:58.800 --> 01:30:03.920]  are you the plaintiff or defendant in a lawsuit when your case without an attorney with
[01:30:03.920 --> 01:30:11.520]  jurisdictionary the affordable easy to understand 4cd course that will show you how in 24 hours
[01:30:11.520 --> 01:30:18.400]  step by step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
[01:30:18.400 --> 01:30:24.320]  know what you should do for yourself thousands have won with our step-by-step course and now
[01:30:24.320 --> 01:30:30.960]  you can too jurisdictionary was created by a licensed attorney with 22 years of case winning
[01:30:30.960 --> 01:30:36.960]  experience even if you're not in a lawsuit you can learn what everyone should understand about
[01:30:36.960 --> 01:30:43.120]  the principles and practices that control our american courts you'll receive our audio classroom
[01:30:43.120 --> 01:30:52.320]  video seminar tutorials forms for civil cases pro se tactics and much more please visit ruleoflawradio.com
[01:30:52.320 --> 01:31:01.120]  and click on the banner or call toll-free 866-LAW-EZ
[01:31:22.320 --> 01:31:27.120]  chipping at your grandpa and the grand me chipping at me chipping at your baby
[01:31:27.120 --> 01:31:32.560]  chipping at your family your whole family chipping at your dad and the cat around me chipping at the
[01:31:32.560 --> 01:31:38.000]  beef and you still got e t chipping at the fish them all in the sea chipping at the shark and the
[01:31:38.000 --> 01:31:46.320]  real around me you know still mankind crazy they want to read okay this is randy california craig
[01:31:46.320 --> 01:31:54.560]  new law deborah has a night off we were talking to jim from texas and jim was speeding shame on you
[01:31:56.640 --> 01:32:04.720]  now yeah right we okay i have my my standard disqualify the police officer and criminal
[01:32:04.720 --> 01:32:10.880]  charges against the police officer challenge to the jurisdiction because the police officer
[01:32:10.880 --> 01:32:17.280]  violated the law relating to his office and therefore became a trespasser ab initio and
[01:32:17.280 --> 01:32:25.520]  aggravated kidnapping for arresting you and holding you after he with the intent of violating
[01:32:25.520 --> 01:32:35.200]  the law so he's a trespasser from the beginning and then we go to speeding they're not allowed to
[01:32:35.200 --> 01:32:45.120]  arrest you for speeding speeding and open container that right to eddie that's correct
[01:32:46.400 --> 01:32:52.880]  so how does he i guess okay i'll have to go back and read the code exactly how it's structured
[01:32:53.520 --> 01:32:59.520]  they're going to call this a terrorist stop in a detention even though detention's not in law
[01:32:59.520 --> 01:33:06.480]  anywhere and i guess this does go to it's called a custodial interrogation or custodial stop
[01:33:06.480 --> 01:33:15.360]  that's not in law either that's not they made it up and how do they if they're forbidden to arrest
[01:33:15.360 --> 01:33:26.480]  you for a speeding ticket realistically how do they get how are they able to write a citation
[01:33:26.480 --> 01:33:33.200]  because they have to hold you for the time it takes to write the citation and get the
[01:33:33.200 --> 01:33:38.720]  information they need to write the citation so and we can say yeah that's arrest because you're
[01:33:38.720 --> 01:33:43.200]  restricted at your liberty but they're not allowed to arrest you for speeding okay everybody out
[01:33:43.200 --> 01:33:51.040]  there take note remember three standard questions anytime you are stopped first question what is the
[01:33:51.040 --> 01:33:57.840]  emergency how can i help question number two when it usually follows his asking for license
[01:33:57.840 --> 01:34:06.320]  and registration and all this other stuff question number two am i under arrest no matter
[01:34:06.320 --> 01:34:15.520]  what his answer is am i free to go question number three okay what you're doing in this instance one
[01:34:15.520 --> 01:34:22.000]  we've uh established that there was no state of emergency requiring him to arrest you on the spot
[01:34:22.000 --> 01:34:28.960]  based on the discussion we had earlier randy and i number two am i under arrest we have established
[01:34:28.960 --> 01:34:34.240]  that he has violated section 543 transportation code if he has you signed that ticket because he
[01:34:34.240 --> 01:34:40.720]  is required to place you under arrest in order to get you to sign the notice to appear and number
[01:34:40.720 --> 01:34:48.080]  three if you are not free to go then logically you can only be in custody and or under arrest
[01:34:48.640 --> 01:34:54.960]  it is no longer just a detentional stop for interrogation purposes it is a full-blown custody
[01:34:54.960 --> 01:35:01.840]  arrest if you are not free to go any idiotic supreme court justice on down that would argue
[01:35:01.840 --> 01:35:08.320]  otherwise simply does not understand restraint of liberty yeah in which case i will lock them in a
[01:35:08.320 --> 01:35:16.880]  closet and show let me put this in perspective a forest fire is in the process of happening and
[01:35:16.880 --> 01:35:24.560]  you drive out of the smoke a policeman pulls you over to ask you questions about the forest fire
[01:35:24.560 --> 01:35:32.880]  you are not under arrest it's not a detention he stopped you and he's asking you questions
[01:35:32.880 --> 01:35:41.040]  he's asking you questions but if you say screw you i'm out of here then he steps back and you leave
[01:35:42.480 --> 01:35:45.680]  that was not you're not under arrest in that situation
[01:35:48.080 --> 01:35:51.760]  that's why you ask am i free to go
[01:35:54.240 --> 01:35:59.280]  if he says no then he hasn't stopped you just to ask you some general questions
[01:35:59.280 --> 01:36:06.720]  and give you opportunity to voluntarily respond then he's arrested you they call it what they
[01:36:06.720 --> 01:36:15.760]  want to detention or custodial whatever it's arrest if it walks like a duck and it's quacks
[01:36:15.760 --> 01:36:25.360]  like a duck that's what it is so so i was arrested for speeding yes but in thinking about that
[01:36:25.360 --> 01:36:33.440]  in thinking about that the officer's not allowed it doesn't i i'm thinking back on the code
[01:36:34.640 --> 01:36:40.640]  it doesn't say he can't arrest you it says that he must release you
[01:36:42.320 --> 01:36:49.760]  if you sign a promise to appear in all other instances he has an option in this one he doesn't
[01:36:49.760 --> 01:36:55.920]  yeah and that's what i did i signed it good you should have these people who are not signing the
[01:36:55.920 --> 01:37:00.080]  uh citation and they're saying they give them jurisdiction they're doing any such thing
[01:37:01.280 --> 01:37:07.120]  they just keep you from being thrown in jail right that so that you gave them nothing
[01:37:08.080 --> 01:37:13.360]  and actually if the ticket says on before did you look at your ticket and see if it has a section
[01:37:13.360 --> 01:37:22.240]  on there that says commercial driver no it doesn't because the last ticket i got had a box to check
[01:37:23.120 --> 01:37:29.760]  and it said commercial and check no yeah well actually they're not a standardized ticket form
[01:37:29.760 --> 01:37:35.120]  which is another issue to bring about but the the different municipalities and counties and
[01:37:35.120 --> 01:37:40.400]  so on and so forth do not use standardized ticket forms across the board states different than local
[01:37:40.400 --> 01:37:46.640]  and so on and so forth what jurisdiction were you in yeah i was in the city of austin on going from
[01:37:46.640 --> 01:37:53.280]  i-35 to 290 east yeah okay if you're in austin it should have it should have the commercial box on
[01:37:53.280 --> 01:37:59.440]  it it does i i found that there's a box up here says commercial vehicle yes and it's not checked
[01:38:01.440 --> 01:38:08.640]  so that indicates that he knows you're not operating in commerce that is correct all right
[01:38:08.640 --> 01:38:16.720]  correct all right you want to fight it let's get a little educated all right uh where were
[01:38:16.720 --> 01:38:24.000]  you when you got cited well i was going east on 290 that's an interstate me over
[01:38:26.480 --> 01:38:32.160]  yeah okay well no it's not a 290 it's highway 290 i don't think it's an interstate
[01:38:32.880 --> 01:38:36.160]  okay but it's not in the middle of a suburban neighborhood either
[01:38:36.160 --> 01:38:42.400]  well it was it uh it was a business district i think
[01:38:44.320 --> 01:38:51.280]  okay well irregardless non-commercial vehicle first place to look section 201.904 texas
[01:38:51.280 --> 01:38:57.680]  transportation code all right that deals with the purpose for which speed signs were created
[01:38:57.680 --> 01:39:04.560]  and posted it spells out very specifically the application of a posted speed sign is strictly
[01:39:04.560 --> 01:39:13.360]  commercial motor vehicle has nothing to do with a private automobile chapter uh 545 deals with
[01:39:13.360 --> 01:39:20.880]  prima facie speed limits prima faces just fancy language form uh at first glance first appearance
[01:39:20.880 --> 01:39:27.040]  on the face of is the literal meaning and basically all that states is that uh on the face
[01:39:27.040 --> 01:39:32.560]  of all existing evidence the only safe speed on this section of road is this many miles per hour
[01:39:32.560 --> 01:39:37.360]  the problem with prima facie however is if you do something that contradicts the established
[01:39:37.360 --> 01:39:44.400]  evidence that established evidence for instance if you manage to safely traverse the highway
[01:39:44.400 --> 01:39:50.240]  at 10 miles over the posted speed limit you cause no accident you did not lose control of your
[01:39:50.240 --> 01:39:55.040]  vehicle nor did you cause anyone else to lose control of theirs and you didn't affect or damage
[01:39:55.040 --> 01:40:01.440]  any property that wasn't your own then you have traveled it at a speed that was obviously safe
[01:40:01.440 --> 01:40:07.760]  and prudent under the circumstances and conditions because you cause no harm to anything or anyone
[01:40:08.800 --> 01:40:13.920]  and one of the elements of the speeding ticket is that they must prove that you were traveling
[01:40:13.920 --> 01:40:20.800]  at a speed other than was reasonable and prudent in the existing conditions okay
[01:40:20.800 --> 01:40:33.200]  okay yeah uh this was very light traffic uh dry roads and i was just passing another vehicle i
[01:40:33.200 --> 01:40:39.840]  couldn't see around and as soon as i got up in front of this other big box van there he was with
[01:40:39.840 --> 01:40:47.840]  his laser and laser he can't light ours already been proven to be able to be thrown out if they
[01:40:47.840 --> 01:40:51.920]  take you to court on that you can beat this with two fists and walk away smiling
[01:40:53.520 --> 01:40:59.520]  the officer you have to get the officer to testify to the technicality and correctness
[01:40:59.520 --> 01:41:07.120]  and calibration and all the other good stuff regarding his laser device uh the let's see the
[01:41:07.120 --> 01:41:12.400]  uh we just got through reading the case dealing with lidar uh which ken magnus and sammy randy
[01:41:12.400 --> 01:41:18.320]  uh and it speaks directly to that issue and it also speaks directly to the issue of the required
[01:41:18.320 --> 01:41:23.840]  uh element of proving that the speed was something other than was reasonable and prudent
[01:41:25.600 --> 01:41:32.800]  but the biggest thing here is that the read the prima facie speed limit is still based upon the
[01:41:32.800 --> 01:41:38.880]  posted speed limit the posted speed limit is there for the purpose of notifying the general public
[01:41:38.880 --> 01:41:45.680]  that the speed limit set for commercial motor vehicles on this stretch of road is this now that
[01:41:45.680 --> 01:41:51.200]  goes hand in hand with the prima facie in section 545 which relies on that posted speed limit as
[01:41:51.200 --> 01:41:59.840]  being informative to the public right all right but if you look the purpose for that sign spells
[01:41:59.840 --> 01:42:07.440]  it out black letter law it is only relevant to commercial motor vehicles and nothing else
[01:42:07.440 --> 01:42:17.600]  and nothing else okay so did i uh harm my chances of um fighting this on those grounds because i
[01:42:17.600 --> 01:42:25.440]  went in and i signed this and you signed the ticket but no i signed the the the citation
[01:42:25.440 --> 01:42:33.120]  thing i'd appear to plead okay no this i didn't do anything except avoid arrest in that case
[01:42:33.120 --> 01:42:42.320]  a citation that if you have to sign something where you agree to do anything other than appear
[01:42:44.080 --> 01:42:52.560]  anything other than appearing is not enforceable it's on it comes under the heading of unconscionable
[01:42:52.560 --> 01:43:03.280]  you may not be forced to give up one right to enjoy another all right i had had a caller friday
[01:43:03.280 --> 01:43:08.160]  that had to agree to all sorts of idiotic nonsense in order to be let out of jail
[01:43:09.040 --> 01:43:14.080]  none of it is enforceable i was thrown in jail in south lake once and they wanted me to sign
[01:43:14.080 --> 01:43:20.880]  one of these documents and i told him to take that document and cram it and he went out and
[01:43:20.880 --> 01:43:28.480]  about just a few minutes later i heard somebody out there said let that so be out of my jail
[01:43:33.360 --> 01:43:37.920]  but if you'll hang on to the other side we'll uh i'll give you a couple more things to look at
[01:43:37.920 --> 01:43:56.720]  and uh yeah if you don't mind that's great i'll wait yeah that's fine
[01:43:56.720 --> 01:44:06.800]  so
[01:44:06.800 --> 01:44:14.000]  aerial spraying chemtrails the modified atmosphere heavy metals and pesticides
[01:44:14.000 --> 01:44:21.040]  carcinogens and chemical fibers all falling from the sky you have a choice to keep your body clean
[01:44:21.040 --> 01:44:33.040]  detoxify with micro plant powder from hempusa.org or call 908 691 2608 it's odorless and tasteless
[01:44:33.040 --> 01:44:40.320]  and used in any liquid or food protect your family now with micro plant powder cleaning out heavy
[01:44:40.320 --> 01:44:48.400]  metals parasites and toxins water it now for daily intake and stock it now for long-term storage
[01:44:48.400 --> 01:44:57.280]  so visit hempusa.org or call 908 691 2608 today
[01:44:57.280 --> 01:45:08.480]  so
[01:45:08.480 --> 01:45:37.360]  okay we're back
[01:45:37.360 --> 01:45:44.640]  randy kelton eddie craig debbie steven has not off rule law radio we're talking to jim from texas
[01:45:44.640 --> 01:45:53.920]  and jim was speeding shame on him i'm a desperado you're a desperado okay uh
[01:45:55.040 --> 01:46:03.680]  where were you got the ticket have you been to the court yet no i haven't gone i had a question
[01:46:03.680 --> 01:46:13.280]  about uh you know subject matter jurisdiction and if i plea do i lose my chance to question the
[01:46:13.280 --> 01:46:21.600]  subject matter jurisdiction okay you can never waive subject matter jurisdiction no matter what
[01:46:21.600 --> 01:46:28.640]  you do period okay yeah subject matter jurisdiction can be addressed at any time even long after the
[01:46:28.640 --> 01:46:36.880]  case has been adjudicated the case law says no matter how remote in history in personam
[01:46:36.880 --> 01:46:44.320]  jurisdiction you can waive what you need to do now is when you go to the court you don't go to
[01:46:44.320 --> 01:46:54.320]  the court you certainly do not plea to any clerk if the clerk asks you for a plea ask the clerk
[01:46:54.320 --> 01:47:02.000]  to see their credentials as a judicial officer and if they say they're not a judge then you tell them
[01:47:02.800 --> 01:47:11.680]  i am here to come before some magistrate right when you come in the door down there in the city
[01:47:11.680 --> 01:47:17.680]  of austin when you walk in you walk through the little metal detector deal you step into the floor
[01:47:17.680 --> 01:47:22.560]  look straight to your left there's a courtroom there and that's generally where they'll send you
[01:47:22.560 --> 01:47:30.640]  where they'll send you right and when i went there uh i had three criminal complaints to get with me
[01:47:32.160 --> 01:47:37.040]  and when the judge called me up i said here i have these for you and he looked at him and he said
[01:47:37.040 --> 01:47:42.080]  well you can't follow us here of course i can you're a magistrate i'm here to appear before
[01:47:42.080 --> 01:47:47.040]  the magistrate you're the magistrate i'm appearing before and i'm making it known to you that a crime
[01:47:47.040 --> 01:47:50.320]  has been committed you have a duty to take these complaints and act on them in accordance with
[01:47:50.320 --> 01:47:58.720]  article 211 code of criminal procedure he said you wait right there he turned to his clerk we need a
[01:47:58.720 --> 01:48:06.960]  marshal in here so i sit down i figure well i'm going to jail he gets in to see he calls up
[01:48:06.960 --> 01:48:12.800]  somebody else and he gets into city marshal then he calls me back up and he says mr carleton uh
[01:48:13.520 --> 01:48:17.040]  if you want to file these complaints you'll have to file these with the police department
[01:48:17.040 --> 01:48:23.520]  no all complaints in law are directed to some magistrate and you are that magistrate and i'm
[01:48:23.520 --> 01:48:30.240]  giving them to you well mr carleton i'm not going to take these complaints is that your final
[01:48:30.240 --> 01:48:36.720]  decision yes it is okay it's your call mr marshall i'm going to need you out in the hall when this is
[01:48:36.720 --> 01:48:50.320]  over and he okay and then the judge uh just set my three tickets for a jury trial didn't ask me
[01:48:50.320 --> 01:48:58.320]  for a plea nothing he was kind of bum-fuzzled i guess and just wanted me out of there so you know
[01:48:58.320 --> 01:49:05.120]  he had already refused to be a magistrate and that's all i needed so i got my little paperwork
[01:49:05.120 --> 01:49:09.680]  from the clerk and walked out in the hall well before i walked out i appointed the marshal
[01:49:10.240 --> 01:49:14.160]  you want to send me another marshal or you want to meet me in the hall i'll meet you in the hall
[01:49:14.160 --> 01:49:19.920]  you did what can i do for you you can go in there and arrest that judge for official oppression
[01:49:19.920 --> 01:49:29.520]  violation 3903 penal code i'll swear out the complaint well what did he do he committed an
[01:49:29.520 --> 01:49:35.360]  act of misfeasance and failed to perform his duty as a magistrate as prescribed by article 211 code
[01:49:35.360 --> 01:49:40.480]  of criminal procedure and in the in the process had the effect of denying me and my right to
[01:49:40.480 --> 01:49:45.200]  petition the court for redress of grievance which is violation 3903 penal code going to arrest him
[01:49:46.480 --> 01:49:51.040]  now i can't arrest the judge i sure can just go on and throw the cuffs on and drag him off to jail
[01:49:51.040 --> 01:49:56.960]  heck ain't got far to go you got one right in the basement oh i need to talk to my superiors that's
[01:49:56.960 --> 01:50:01.840]  a good idea he come back and he said he talked to both of his sergeants and they said that he
[01:50:01.840 --> 01:50:09.120]  couldn't arrest the judge i think the guy's name was brown i said marshall brown come on take your
[01:50:09.120 --> 01:50:14.240]  chicken suit off man ain't gonna take my chicken suit off it's gone out of the restroom you stand
[01:50:14.240 --> 01:50:18.080]  around here and do nothing all day it's boring just think how much fun this will be i don't need
[01:50:18.080 --> 01:50:29.440]  any fun but all i was doing was marking now i have a witness that i can bring into court and i can
[01:50:29.440 --> 01:50:34.880]  essentially charge him with malfeasance in office and shielding from prosecution that's what i told
[01:50:34.880 --> 01:50:39.440]  him that you know life is filled with little decisions we all get to make some your turn
[01:50:40.880 --> 01:50:45.520]  you need to perform your duty as prescribed by article 213 code of criminal procedure
[01:50:45.520 --> 01:50:52.240]  well you can shield that judge from prosecution in violation of 3805 penal code it's your call
[01:50:54.000 --> 01:51:00.560]  oh mr cool give me a break i had to appreciate the marshall he didn't play
[01:51:01.600 --> 01:51:08.480]  mr macho cop with me i always like them when they don't do that he gave every indication that he
[01:51:08.480 --> 01:51:16.000]  he gave every indication that he considered me a citizen and not a civilian and i appreciated that
[01:51:16.000 --> 01:51:21.520]  from him anyway this is what you want to do you want to go down there you don't want to talk to no
[01:51:21.520 --> 01:51:28.720]  judges you want to talk to a magistrate you have a right to see a magistrate you're here to appear
[01:51:28.720 --> 01:51:33.840]  before the magistrate where you agreed to you demand a magistrate and we running out of time
[01:51:33.840 --> 01:51:39.120]  and i've got three more calls i'm afraid we've run too much time uh you might want to call us
[01:51:39.120 --> 01:51:45.840]  back friday we'll have four hours we have a lot longer to address this okay well i appreciate
[01:51:45.840 --> 01:51:54.000]  your time you're talking about what we do go ahead eddie no i'm just saying yeah if you'll call in uh
[01:51:55.520 --> 01:51:58.960]  we left off i'll be sure and pick up on the other things that we want to deal with
[01:51:58.960 --> 01:52:06.560]  okay i appreciate it okay thanks i didn't realize how short our time was yeah no problem thank you
[01:52:08.080 --> 01:52:13.680]  okay we're going to go to charlie from missouri charlie you there yes i am thanks for taking my
[01:52:13.680 --> 01:52:18.880]  call yeah i'm sorry i've run short on time we've only got six minutes so that's fine you have a
[01:52:18.880 --> 01:52:24.320]  i always get in at the end of the the show that's fine hey i can call back on friday too but i just
[01:52:24.320 --> 01:52:29.120]  a couple of things i'm not going to get into long detail about anything but i did get uh i called
[01:52:30.080 --> 01:52:35.520]  last week i got a ticket for a running red light and i just a couple quick questions
[01:52:36.320 --> 01:52:40.480]  i was sent a notice of violation first of all i'm trying to figure out if that's a citation
[01:52:41.360 --> 01:52:47.920]  wait a minute is it one of these camera deals yes oh good that'll be fun to deal with
[01:52:47.920 --> 01:52:54.000]  fun to deal with yeah i'm looking forward to it actually is a notice of violation a citation
[01:52:54.800 --> 01:53:02.240]  yes in a manner of speaking yes yeah in a sort of a kind of a manner of speaking they'll arrest you
[01:53:02.240 --> 01:53:11.680]  if you don't do what they want you to but what the first thing i would do is uh subpoena your accuser
[01:53:11.680 --> 01:53:23.120]  um yeah um as far as i can see uh well i'll talk to you about that on friday let me ask you another
[01:53:23.120 --> 01:53:29.520]  couple questions real quick because i know you got another caller still too um um can you explain to
[01:53:29.520 --> 01:53:38.640]  me i was looking i went to uh uh uh nexus and i looked up uh a case law on this and and i'm not
[01:53:38.640 --> 01:53:44.160]  quite sure can you explain the difference between uh requesting an appeal and trial de nova
[01:53:45.840 --> 01:53:49.360]  i don't understand what trial de nova is really i guess you requested it you
[01:53:50.080 --> 01:53:57.520]  you don't request an appeal you appeal is that the same as trial de nova okay this is
[01:53:57.520 --> 01:54:04.880]  that there are two ways to appeal one is to appeal on point of error and that's the normal way to
[01:54:04.880 --> 01:54:12.560]  appeal in any court if if the court makes an error you can appeal based on the error
[01:54:13.440 --> 01:54:20.240]  except in a classic misdemeanor you have another option for appeal you can appeal trial de novo
[01:54:20.240 --> 01:54:23.440]  you don't have to state an error your appeal is automatic
[01:54:25.760 --> 01:54:33.120]  so it's not a tie it's it's not like they're two different things de novo is just just how
[01:54:33.120 --> 01:54:37.520]  you appealed you don't have to claim error and that's all that means that's all that means okay
[01:54:37.520 --> 01:54:44.800]  and then this guy the appellant that that did this he lost because uh why did he lose um he
[01:54:44.800 --> 01:54:49.840]  also requested an administrative hearing an administrative hearing and i'm not i'm still
[01:54:49.840 --> 01:54:54.400]  lost on it if he requested an administrative hearing if that's the same as trial de novo
[01:54:55.040 --> 01:55:00.400]  no that was not different yeah okay his problem with that was is it had to come before they hear
[01:55:00.400 --> 01:55:08.080]  it before the trial the administrative hearing yeah the administrative hearing would come before
[01:55:08.080 --> 01:55:14.560]  the prosecution uh we have administrative code in texas and someone else has brought that up
[01:55:14.560 --> 01:55:18.000]  and it's one of the things i haven't got to uh we have brian from pennsylvania
[01:55:18.640 --> 01:55:24.960]  and reason i mentioned that is i have a friend in pennsylvania who stresses heavily the administrative
[01:55:24.960 --> 01:55:33.520]  procedures act and it it requires an administrative hearing before prosecution well effectively they
[01:55:33.520 --> 01:55:37.840]  said in the uh in the case law that he waved waved everything because he sat for the hearing
[01:55:37.840 --> 01:55:43.600]  and yes that's exactly the thing once he the administrative hearing comes before the criminal
[01:55:43.600 --> 01:55:49.600]  prosecution before the trial so he made a big mistake in requesting that right right he should
[01:55:49.600 --> 01:55:55.440]  have requested it before the trial not after okay once the trial is done they're saying well this
[01:55:55.440 --> 01:56:02.240]  comes first if you don't request it first we already have the trial it's kind of moot you
[01:56:02.240 --> 01:56:07.520]  know we've already passed that point that's what they're saying so yeah so the notice of violation
[01:56:07.520 --> 01:56:13.040]  is a citation but then they also tell me that if i want to dispute it they tell me about a court
[01:56:13.040 --> 01:56:19.200]  hearing i'll be well the thing is it's a civil citation it is not a criminal citation if it's
[01:56:19.200 --> 01:56:25.360]  a red light camera ticket so we're talking about a whole different beast here so i need to look into
[01:56:25.360 --> 01:56:34.800]  civil law uh actually this is so new this is uh song and dance and seltzer down your pants
[01:56:35.840 --> 01:56:41.520]  they're just trying to con you into paying them yeah which i'm not going to do unless you know
[01:56:42.480 --> 01:56:48.640]  you know first thing you want to do is subpoena your accuser yeah you have the right to face your
[01:56:48.640 --> 01:56:53.920]  accuser put the camera on the stand i want to question it so i should go down at this point
[01:56:53.920 --> 01:57:02.320]  before uh before they uh just notice the violation they said uh they said uh if i don't dispute it
[01:57:02.320 --> 01:57:06.640]  then i'll receive a notice to appear but before i receive the notice of to appear i should go down
[01:57:06.640 --> 01:57:17.440]  and subpoena him yeah that that that will act as an appearance uh and a the subpoena will act as
[01:57:17.440 --> 01:57:23.680]  your initial appearance and and if you since you subpoena the witness against you that will act as a
[01:57:23.680 --> 01:57:29.520]  plea of not guilty okay well i'm gonna do that i'll call you back on friday i'll let somebody
[01:57:29.520 --> 01:57:34.480]  else call i i got time on this right right now okay good thanks thanks for talking to me
[01:57:35.760 --> 01:57:43.520]  okay thank you we have brian from pennsylvania brian it's been a while what's on your mind
[01:57:43.520 --> 01:57:50.000]  man you guys don't know how to delegate time without deborah huh we're just stumbling through
[01:57:50.000 --> 01:57:58.880]  here well i'm probably under 90 seconds i really wanted to just inquire as to um in europe how i
[01:57:58.880 --> 01:58:07.040]  could damage myself by simply um writing a response response to an appeal filed without the
[01:58:07.040 --> 01:58:12.000]  requirement for me to respond and i simply before i even filed a motion i maybe wanted to just have
[01:58:12.000 --> 01:58:18.560]  some fun and buy some time by uh filing um just a simple writing that requests to know what duty i
[01:58:18.560 --> 01:58:25.440]  have to even respond when uh the you know previous action wasn't even um taken action upon because
[01:58:25.440 --> 01:58:30.400]  the other party didn't show up upon other things i'm just wondering if you think that that could
[01:58:30.400 --> 01:58:35.120]  be damaging to myself in the end i don't think it could be damaging at all it might not help you but
[01:58:35.120 --> 01:58:40.320]  it certainly won't hurt you yeah and i figured i could give him a little grief and uh buy some time
[01:58:40.320 --> 01:58:46.640]  in the meantime okay well i am sorry brian we are out of time i would like to talk about that a
[01:58:46.640 --> 01:58:52.640]  little more can you call back friday brian let's get on that well i'll be traveling to arizona by
[01:58:52.640 --> 01:59:12.400]  then and i'll be past the okay okay i'm sorry we gotta go we're out of time thank you
[01:59:23.040 --> 01:59:25.520]  you
[01:59:32.400 --> 01:59:39.520]  dangerous
[01:59:39.520 --> 01:59:42.520]  I'm dangerous, dangerous
[01:59:42.520 --> 01:59:44.520]  If you eat, I'll spoil you
[01:59:45.520 --> 01:59:48.520]  If you treat, let's be good
[01:59:49.520 --> 01:59:52.520]  If you drink, let's move
[01:59:52.520 --> 02:00:08.520]  You better treat me good