ROL_2011-06-20_16k.timecode

[00:00.000 --> 00:04.440]  This news brief brought to you by the International Newsnet.
[00:04.440 --> 00:09.720]  Almost 7,000 Syrians have crossed the country's northern border with Turkey to escape government
[00:09.720 --> 00:13.320]  violence in suppressing anti-regime demonstrations.
[00:13.320 --> 00:17.840]  An estimated 10,000 more are waiting for the opportunities across.
[00:17.840 --> 00:22.520]  Syrian refugees who have fled the army assault on the town of Jisho al-Shogur said Monday
[00:22.520 --> 00:28.520]  troops had begun fighting among themselves in the midst of military operations.
[00:28.520 --> 00:33.800]  Syrian Premier Silvio Berlusconi conceded Monday Italy which abandoned nuclear power
[00:33.800 --> 00:38.760]  after the Chernobyl disaster will probably have to give up its plans to revive nuclear
[00:38.760 --> 00:39.760]  energy.
[00:39.760 --> 00:45.040]  Italian voters Sunday and Monday voted in referendums to block a revival of nuclear
[00:45.040 --> 00:51.000]  power and privatize the water supply and against a law that offers Berlusconi a partial
[00:51.000 --> 00:55.000]  legal shield and criminal prosecutions.
[00:55.000 --> 00:59.840]  Bahrain received over 200 million dollars in military equipment from US companies between
[00:59.840 --> 01:03.080]  October 2009 and October 2010.
[01:03.080 --> 01:08.200]  The latest State Department arms export report shows it was more than double the amount approved
[01:08.200 --> 01:09.680]  the previous year.
[01:09.680 --> 01:14.760]  Bahrain's security forces have fired live ammunition at protesters killing at least
[01:14.760 --> 01:21.000]  31 people and injuring hundreds more since the unrest began in February.
[01:21.000 --> 01:26.240]  Weeks before announcing his reelection campaign Barack Obama invited two dozen Wall Street
[01:26.240 --> 01:30.600]  executives many of them longtime donors to the White House.
[01:30.600 --> 01:35.240]  Guests were asked for their opinions on the economic recovery and how they preferred to
[01:35.240 --> 01:36.400]  be regulated.
[01:36.400 --> 01:40.760]  The event kicked off in aggressive push by Obama to win the allegiance of one of his
[01:40.760 --> 01:44.040]  most vital sources of campaign cash.
[01:44.040 --> 01:49.600]  Last month Obama's campaign manager Jim Messina traveled to New York for back to back meetings
[01:49.600 --> 01:51.640]  with Wall Street donors.
[01:51.640 --> 01:56.280]  Obama will travel to New York this month to dine with bankers, hedge fund executives and
[01:56.280 --> 01:58.520]  private equity investors.
[01:58.520 --> 02:04.760]  Obama is poised to win in 2012 given the public's lack luster support for Republicans and minuscule
[02:04.760 --> 02:06.560]  third party opposition.
[02:06.560 --> 02:11.520]  Nicholas Confessori writes in the New York Times quote the question is not how much Obama
[02:11.520 --> 02:17.800]  may raise from Wall Street the question is what do they get in return.
[02:17.800 --> 02:22.800]  40 years after the explosive leak of the Pentagon papers a secret government study chronicling
[02:22.800 --> 02:28.240]  deception and misadventure in the US conduct of the Vietnam War was published Monday.
[02:28.240 --> 02:33.480]  The report was a sensational breach of government confidentiality that took Richard Nixon's
[02:33.480 --> 02:34.480]  presidency.
[02:34.480 --> 02:38.440]  Prepared by Pentagon and private analysts the report was leaked by one of them Daniel
[02:38.440 --> 02:42.800]  Ellsberg in one of the most dramatic episodes of whistleblowing in US history.
[02:42.800 --> 02:47.360]  The papers revealed that the Kennedy and Johnson administrations had been escalating the conflict
[02:47.360 --> 02:54.360]  in Vietnam while misleading Congress and the public about their activities.
[03:17.360 --> 03:24.360]  All right folks good evening it is rule of law radio Monday night and it is time for
[03:47.360 --> 03:53.360]  it is June 20th 2011 tonight is traffic night we're going to start off taking your calls
[03:53.360 --> 04:02.480]  after this first quarter hour here the call in number is 512-646-1984 so if you have any
[04:02.480 --> 04:05.960]  issues or anything you want to talk with us about go ahead and get in line on the collar
[04:05.960 --> 04:10.840]  board right now I'm going to start off I'm going to go into a little bit of a dissertation
[04:10.840 --> 04:16.440]  on a particular article of the code of criminal procedure and that is going to be article
[04:16.440 --> 04:26.680]  27.14 now what this section is entitled is plea of guilty or no no contender in a misdemeanor
[04:26.680 --> 04:42.280]  okay now this thing has section A B C D and E all of which deals with misdemeanor offenses
[04:42.280 --> 04:50.880]  and all but one of which deal with misdemeanors in a fine only offense and that would be section
[04:50.880 --> 04:59.800]  B okay C D and E is actually dealing with before accepting a plea of guilty or a plea
[04:59.800 --> 05:05.280]  of no no contender by a defendant charged with misdemeanor involving family violence
[05:05.280 --> 05:11.840]  okay so that has to do with a family violence misdemeanor everything else is geared toward
[05:11.840 --> 05:20.440]  fine only except for subsection A which specifically deals with any other type of misdemeanor now
[05:20.440 --> 05:26.280]  subsection B begins with a defendant charged with a misdemeanor for which the maximum
[05:26.280 --> 05:33.720]  possible punishment is by fine only may in lieu of the method provided in subsection
[05:33.720 --> 05:40.240]  A of this article mail or deliver in person to the court a plea of guilty or a plea of
[05:40.240 --> 05:48.200]  no no contender and a waiver of jury trial the defendant may also request in writing
[05:48.200 --> 05:54.160]  that the court notify the defendant at the address stated in the request of the amount
[05:54.160 --> 05:59.960]  of an appeal bond that the court will approve if the court receives a plea and waiver before
[05:59.960 --> 06:05.440]  the time the defendant is scheduled to appear in court the court shall dispose of the case
[06:05.440 --> 06:10.800]  without requiring a court appearance by the defendant if the court receives a plea and
[06:10.800 --> 06:15.320]  waiver after the time the defendant is scheduled to appear in court but at least five days
[06:15.320 --> 06:20.440]  before a scheduled trial date the court shall dispose of the case without requiring court
[06:20.440 --> 06:25.800]  appearance by the defendant the court shall notify the defendant either in person or by
[06:25.800 --> 06:31.040]  certified mail return receipt requested of the amount of any fine assessed in the case
[06:31.040 --> 06:36.800]  and if requested by the defendant the amount of an appeal bond that the court will approve
[06:36.800 --> 06:41.600]  the defendant shall pay any fine assessed or given appeal bond in the amount stated in
[06:41.600 --> 06:50.800]  the notice before the 31st day after receiving the notice now basically subsection B allows
[06:50.800 --> 06:58.040]  the individual to just simply plead guilty and pay the fine by mail but here's the odd
[06:58.040 --> 07:07.600]  part it makes this provision for the court to notify the individual of what an acceptable
[07:07.600 --> 07:16.440]  appeal bond would be so I have a question how do you appeal from a guilty verdict what
[07:16.440 --> 07:23.200]  would be the point why would you go on appeal when the appeals court is going to look at
[07:23.200 --> 07:29.520]  the record and say you pled guilty stupid why are you here what are you appealing you
[07:29.520 --> 07:38.040]  voluntarily waived all right to trial there is no record for us to review on appeal what
[07:38.040 --> 07:46.960]  are you doing here how exactly is this provision supposed to work if you pay the fine there
[07:46.960 --> 07:54.800]  is no appeal the courts have already ruled in many different cases that once you pay
[07:54.800 --> 08:03.840]  the fine there's nothing left to adjudicate you that we asked no appeal is possible it's
[08:03.840 --> 08:14.560]  over by the same token appeal can only be had if there's a record and by doing everything
[08:14.560 --> 08:23.480]  by mail never making a record in court and by pleading guilty or no little contender
[08:23.480 --> 08:33.920]  meaning no contest what record is there to review on appeal B looks like it just a complete
[08:33.920 --> 08:40.240]  setup to make you pay them bond money which they will of course set it twice the amount
[08:40.240 --> 08:45.680]  of the alleged fines and they will sit there on that money and use it for their own advantages
[08:45.680 --> 08:50.920]  and investments the whole time they're holding it while you're sitting here waiting on an
[08:50.920 --> 09:00.000]  appeal that's never going to happen so what idiot comprise subsection B based upon the
[09:00.000 --> 09:08.000]  way the courts have ruled this operates you can't go to appeal without a record you wave
[09:08.000 --> 09:13.520]  the right to a record because you waived the right to trial in subsection B how is that
[09:13.520 --> 09:21.560]  going to work so let's go down to subsection C see if this improves at all in a misdemeanor
[09:21.560 --> 09:28.800]  case for which the maximum possible punishment is by fine only payment of a fine or an amount
[09:28.800 --> 09:35.840]  accepted by the court constitutes a finding of guilty in open court as though a plea of
[09:35.840 --> 09:41.880]  no little contender had been entered by the defendant and constitutes a waiver of a jury
[09:41.880 --> 09:51.120]  trial in writing so C waves your right to a jury trial it is an adjudication of guilt
[09:51.120 --> 10:01.960]  in open court okay so again what's the appealable issue you wave the right to the jury trial
[10:01.960 --> 10:08.800]  they didn't actually hold a trial and again the finding is guilty there's nothing for
[10:08.800 --> 10:16.920]  the appeals court to look at where are you supposed to go from here this takes us down
[10:16.920 --> 10:26.840]  to subsection D if written notice of an offense for which maximum possible punishment is by
[10:26.840 --> 10:34.680]  fine only or of a violation relating to the manner time and place of parking has been
[10:34.680 --> 10:43.280]  prepared they're referring to the citation the written notice serves as a complaint to
[10:43.280 --> 10:53.320]  which the defendant may plead guilty not guilty or no little contender again slight problem
[10:53.320 --> 11:00.920]  they're attempting to let the citation serve as a complaint how is this legally lawfully
[11:00.920 --> 11:10.080]  possible first off it's not sworn to so how can the legislature authorize it to act as
[11:10.080 --> 11:20.080]  a complaint it's not sworn to it's not a affirmed by anyone else that it's sworn to how does
[11:20.080 --> 11:30.440]  it even begin to constitute a complaint okay however and again if you're going to plead
[11:30.440 --> 11:35.520]  not guilty this next sentence kicks in so let's go to that for just a second look at
[11:35.520 --> 11:45.520]  this if the defendant pleads not guilty to the offense or fails to appear based on the
[11:45.520 --> 11:52.600]  written notice remember that promise to appear they make you sign this is specifically addressing
[11:52.600 --> 12:03.560]  if you fail to appear on the notice okay a complaint shall be filed that conforms to
[12:03.560 --> 12:10.880]  the requirements of chapter 45 of this code and that complaints serves as an original
[12:10.880 --> 12:18.560]  complaint I'm left with a question here a complaint filed on which issue the failure
[12:18.560 --> 12:25.400]  to appear or the alleged cause of action in the citation what complaint are they going
[12:25.400 --> 12:35.000]  to file without the complaint a charging instrument cannot be generated if a charging instrument
[12:35.000 --> 12:41.880]  cannot be generated pursuant 2.05 code of criminal procedure 27.01 code of criminal
[12:41.880 --> 12:53.360]  procedure Texas Constitution article 5 section 21 I'm sorry 12 B how did the court get jurisdiction
[12:53.360 --> 12:58.280]  to accept the plea of any kind there's no issue before the court because there's no
[12:58.280 --> 13:04.520]  signed and verified complaint and if there's no signed and verified complaint which means
[13:04.520 --> 13:12.000]  that they sworn to complaint then you can't generate the charging instrument the citation
[13:12.000 --> 13:22.320]  slash notice to appear in no way constitutes a signed and sworn complaint so what kind
[13:22.320 --> 13:30.800]  of due process end run is the legislature attempting to create here we need to ask that
[13:30.800 --> 13:38.240]  question because what this indicates to me personally is that the legislature has attempted
[13:38.240 --> 13:47.480]  to allow the municipalities and the JP courts to completely circumvent due process procedures
[13:47.480 --> 13:56.760]  and valid jurisdiction of the courts to conserve expenditures and thus increase the generation
[13:56.760 --> 14:04.040]  of revenue from the citation process itself I really don't see how else we can look at
[14:04.040 --> 14:12.560]  what this is doing because this is all meant to cut down on the involvement of the prosecuting
[14:12.560 --> 14:19.440]  attorneys the involvement of anything other than the clerical staff including the involvement
[14:19.440 --> 14:28.040]  of the magistrate themselves to an absolute minimum so that the expenditure of processing
[14:28.040 --> 14:35.840]  the citation does not exceed the amount of money that can be collected through the other
[14:35.840 --> 14:44.480]  means available to them here both the fines the court cost and everything else now let's
[14:44.480 --> 14:50.720]  also not forget the state is going to assess a minimum of two hundred and fifty dollars
[14:50.720 --> 15:02.800]  a year for the next three years against this conviction of guilty okay so either way the
[15:02.800 --> 15:12.600]  state's getting 750 bucks out of this in addition to their cut of the fine the court is going
[15:12.600 --> 15:22.480]  to make its court cost assessment out of this plus its cut of the fine so folks if you think
[15:22.480 --> 15:29.440]  this system is not about revenue generation you're not paying attention to the particulars
[15:29.440 --> 15:35.960]  of how they function and this folks is one of those particulars let's look at the last
[15:35.960 --> 15:42.000]  sentence in this okay now we've got our I'm sorry we'll start that one again if the defendant
[15:42.000 --> 15:49.720]  pleads not guilty to the offense or fails to appear based on the written notice then
[15:49.720 --> 15:55.760]  we're going to generate a complaint and that complaint shall be the original complaint and
[15:55.760 --> 16:04.000]  it has to conform to the requirements of chapter 45 now the last sentence reads a defendant
[16:04.000 --> 16:10.880]  may waive the filing of a sworn complaint and elect that the prosecution proceed on
[16:10.880 --> 16:19.360]  the written notice of the charge defense if the defendant agrees in writing with the prosecution
[16:19.360 --> 16:27.920]  signs the agreement and files it with the court now this last sentence is very important
[16:27.920 --> 16:34.980]  because this means that they can no longer proceed on this prosecution or the acceptance
[16:34.980 --> 16:45.160]  of a plea just upon the citation alone without this written waiver from the defendant that
[16:45.160 --> 16:50.120]  becomes a due process issue folks but we'll pick that up on the other side right now this
[16:50.120 --> 16:55.680]  is rule of law radio Eddie Craig Deborah Stevens Randy Kelton five one two six four six nineteen
[16:55.680 --> 17:01.800]  eighty four we'll pick you up on the other side of the break capital coin and bullion
[17:01.800 --> 17:06.560]  is your local source for rare coins precious metals and coin supplies in the Austin metro
[17:06.560 --> 17:12.120]  area we also ship worldwide we're family owned and operated business that offers competitive
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[17:22.560 --> 17:27.960]  Burnett Road sweet a one point two miles north on Burnett from our previous location we're
[17:27.960 --> 17:32.680]  on the west side of Burnett Road in Stanley insurance building on the ground floor next
[17:32.680 --> 17:37.680]  to the Ishibon sushi and the genie car wash we're open Monday through Friday ten to six
[17:37.680 --> 17:42.360]  Saturdays ten to five you're welcome to stop in during regular business hours or call five
[17:42.360 --> 17:47.800]  one two six four six six four four oh ask for Chad or Becky and say that you heard about
[17:47.800 --> 17:52.680]  us on rule of law radio or Texas Liberty radio that's capital coin and bullion at our new
[17:52.680 --> 17:58.200]  location at seventy three oh four Burnett Road sweet a recall five one two six four six
[17:58.200 --> 18:03.960]  six four four oh are you being harassed by debt collectors with phone calls letters or
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[18:40.480 --> 18:45.160]  as well for more information please visit rule of law radio dot com and click on the
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[18:50.600 --> 18:58.600]  radio dot com or email m i c h a e l m i r r a s at yahoo dot com to learn how to stop
[18:58.600 --> 19:18.600]  debt collectors now
[19:18.600 --> 19:24.520]  all right folks we are back this is rule of law radio okay we don't have any callers
[19:24.520 --> 19:29.680]  yet so i'm going to continue on this for a few minutes five one two six four six nineteen
[19:29.680 --> 19:33.720]  eighty four is the calling number so if you have any questions or issues you want to bring
[19:33.720 --> 19:38.800]  up tonight is traffic night so please feel free to give us a call on any issues involving
[19:38.800 --> 19:44.840]  traffic or other types of regular misdemeanors and such due process generally i can help
[19:44.840 --> 19:51.000]  with it's just mortgage issues things of that nature not my area of expertise but if you
[19:51.000 --> 19:58.200]  do have an issue five one two six four six nineteen eighty four okay back to this little
[19:58.200 --> 20:06.120]  dissertation on twenty seven point one four of the code of criminal procedure now d is
[20:06.120 --> 20:11.920]  giving us a very important insight into something that are attempting to do here they're attempting
[20:11.920 --> 20:23.160]  to allow the court to act absent proper lawful jurisdiction to facilitate the process of fine
[20:23.160 --> 20:35.400]  collection with a minimum of expenditure okay that's all this section appears to do whatsoever
[20:35.400 --> 20:42.760]  it'll it allows the court to function as if they have jurisdiction when no legal issue
[20:42.760 --> 20:54.240]  yet exists before the court via assigned and sworn complaint okay that's a major due process
[20:54.240 --> 21:04.120]  no no nobody has the right to sit in judgment of anyone else when there is not a valid issue
[21:04.120 --> 21:12.160]  for which there should be a judgment to begin with you can't adjudicate the issue without
[21:12.160 --> 21:19.360]  everything being in place how can you begin the preliminaries of that adjudication without
[21:19.360 --> 21:26.640]  everything being in place okay it's like starting on a road trip without putting tires on the
[21:26.640 --> 21:33.760]  rims of the car and then later trying to add on while the car is moving down the road
[21:33.760 --> 21:41.520]  it just isn't going to work there's a particular order in which that has to be assembled before
[21:41.520 --> 21:47.760]  it's functional and proper and the way they're trying to do it in twenty seven point one
[21:47.760 --> 21:57.640]  four simply is not proper they are attempting to allow the courts to take off down the road
[21:57.640 --> 22:04.120]  and the tires haven't been put on yet all in the hopes that the driver or the person
[22:04.120 --> 22:13.560]  being hauled around in the car meaning you is not going to notice until they get everything
[22:13.560 --> 22:21.680]  else that they want out of the deal I mean it's it's ridiculous in one of this committee
[22:21.680 --> 22:26.580]  hearings when we were down there on one of these bills that we were giving testimony
[22:26.580 --> 22:33.720]  over this past session the police officers were up there giving their support of this
[22:33.720 --> 22:42.680]  particular bill and to the credit of the committee chairman he made the statement saying well
[22:42.680 --> 22:49.800]  we give you people all of these tools and nothing changes why are we giving you all
[22:49.800 --> 22:59.360]  of these tools but you're not producing anything more with them well what idiot thought that
[22:59.360 --> 23:08.240]  it was a good idea to give a court a tool that allows them to pry the procedure out
[23:08.240 --> 23:18.320]  of the context of due process let's make the accused feel like we have jurisdiction let's
[23:18.320 --> 23:25.060]  make them think that we can do something to them let's make them believe that we can throw
[23:25.060 --> 23:32.540]  them in jail but we're going to do all of that without proper jurisdiction because
[23:32.540 --> 23:39.980]  no one is actually signed a complaint no one is actually generated a charging instrument
[23:39.980 --> 23:47.940]  no indictment has been made but we're going to threaten the accused anyway and see if
[23:47.940 --> 23:55.260]  we can get them to pay us without a fight you know it seems to me they used to make
[23:55.260 --> 24:02.540]  movies about this kind of crap but they called it organized crime and it was a protection
[24:02.540 --> 24:08.220]  racket that was being set up and run you don't want bad things to happen to you your
[24:08.220 --> 24:14.500]  family or your business you pass this little bit of money every week and we'll see to it
[24:14.500 --> 24:21.980]  nothing bad happens to you like this okay that's all this crap is that they're pulling
[24:21.980 --> 24:33.420]  with twenty seven point one four they are setting the law up to deny a fine only offense
[24:33.420 --> 24:42.900]  individual that's accused of this activity their right of due process they did the exact
[24:42.900 --> 24:47.620]  same thing in the requirements for getting an appeal to those that are accused of a
[24:47.620 --> 24:58.220]  fine only offense no other alleged criminal act in Texas requires the payment of double
[24:58.220 --> 25:13.900]  the bond in order to get an appeal why is that why are fine only offenses required to
[25:13.900 --> 25:21.660]  post double what they would get charged if they were found guilty in order to get their
[25:21.660 --> 25:29.340]  appeal does it make any sense to me where is that little clause that says excessive fines
[25:29.340 --> 25:38.180]  and fees don't belong you know I can only be fined a hundred and fifty dollars but in
[25:38.180 --> 25:43.420]  order to get my appeal for that hundred and fifty you're going to make me pay three and
[25:43.420 --> 25:50.100]  then you're going to delay my appeal or you're going to misapply that money to make it appear
[25:50.100 --> 25:56.580]  that I like I paid the fine instead of paid for the appeal so that you can deny me the
[25:56.580 --> 26:04.980]  appeal by saying I paid the fine and wave the appeal it's a freaking scam people that's
[26:04.980 --> 26:12.500]  all it is you give them one penny they will misapply it and turn around and say oh well
[26:12.500 --> 26:21.580]  you paid that on the fine you don't get an appeal they did that to Mike in his tsa case
[26:21.580 --> 26:26.060]  he went down and paid the appeal bond they immediately took his money and applied it
[26:26.060 --> 26:33.060]  to the fine that was charged against me and not only that they applied court costs on
[26:33.060 --> 26:45.820]  top of that as part of the bond and here's the problem the jury did not award court costs
[26:45.820 --> 26:53.060]  it would seem to me that when the jury says the individual owes this amount in penalty
[26:53.060 --> 27:01.740]  that's all they owe where does the state or the city or the county get the authority
[27:01.740 --> 27:10.100]  to charge a defendant in excess of the amount adjudicated by the jury if the jury didn't
[27:10.100 --> 27:19.700]  award the state court costs or the city court costs how are they able to get them in a civil
[27:19.700 --> 27:29.500]  case if the opposing party doesn't sue for their recovery of their legal fees they don't
[27:29.500 --> 27:40.740]  get them if they're not awarded by the jury they don't get them so why is it the municipalities
[27:40.740 --> 27:46.780]  or the counties or the state are able to collect court costs when they're not part of what
[27:46.780 --> 27:53.540]  the jury found that the defendant owed how then are they able to go behind their back
[27:53.540 --> 28:02.460]  and also tack on additional administrative fees of the 250 a year or more depending upon
[28:02.460 --> 28:10.220]  the alleged offense for the next three years or five years that money was not awarded to
[28:10.220 --> 28:20.300]  anybody by the jury it's not like it increased a burden on anybody to maintain the exact
[28:20.300 --> 28:26.420]  same records they were maintaining before on the defendant so there is no additional
[28:26.420 --> 28:35.420]  administrative expenditure or overhead on the defendant so what is the $250 a year for
[28:35.420 --> 28:43.900]  it's punitive it's in addition to if it's punitive and the jury didn't award it how
[28:43.900 --> 28:54.740]  are they getting away with charging it I can't find any case law whatsoever that allows punitive
[28:54.740 --> 29:01.820]  damages to be assessed against an accused if those damages are not awarded by the jury
[29:01.820 --> 29:13.620]  or the judge if it's without a jury how do they get there oh well I'll tell you our legislature
[29:13.620 --> 29:22.620]  gave the Department of Public Safety additional tools to control the public and one of those
[29:22.620 --> 29:31.700]  additional tools was these illegal fines and administrative fees and I don't care what
[29:31.700 --> 29:36.860]  kind of lawyer you are you're an idiot if you think you're going to argue that these
[29:36.860 --> 29:44.860]  are not punitive and that they are illegal because they're not assessed by the jury that's
[29:44.860 --> 29:51.260]  stupid we didn't make this world up in our form of government for the government to be
[29:51.260 --> 29:56.700]  able to just tax us 90 ways from Sunday without our consent alright folks we'll be right back
[29:56.700 --> 30:04.540]  on the other side of the break 512646 I lost my son my uncle my son on September 11th 2000
[30:04.540 --> 30:09.020]  most people don't know that a third tower fell on September 11th World Trade Center
[30:09.020 --> 30:14.580]  7 a 47 story skyscraper was not hit by a plane will be official explanation is that fire
[30:14.580 --> 30:19.820]  brought down building 7 over 1200 architects and engineers have looked into the evidence
[30:19.820 --> 30:24.860]  and believed there is more to the story bring justice to my son my uncle my nephew my son
[30:24.860 --> 30:32.820]  go to building what dot org why it fell why it matters as what you can do energy drinks
[30:32.820 --> 30:37.540]  are all the rage these days but nowadays even young children are chugging beverages like
[30:37.540 --> 30:41.820]  red bull and rock star on the way to school under Catherine Albrecht and I'll be back
[30:41.820 --> 30:48.060]  in a moment with more on this dangerous trend privacy is under attack when you give up data
[30:48.060 --> 30:52.940]  about yourself you'll never get it back again and once your privacy is gone you'll find
[30:52.940 --> 30:58.340]  your freedoms will start to vanish too so protect your rights say no to surveillance
[30:58.340 --> 31:04.060]  and keep your information to yourself privacy it's worth hanging on to this public service
[31:04.060 --> 31:08.660]  announcement is brought to you by start page dot com the private search engine alternative
[31:08.660 --> 31:17.580]  to Google yahoo and being start over with start page they say that waking up is hard
[31:17.580 --> 31:22.460]  to do it's tough rolling out of bed in the morning but now even young people are turning
[31:22.460 --> 31:27.620]  to caffeinated energy drinks to kickstart their days according to the journal of pediatrics
[31:27.620 --> 31:32.740]  up to 50% of American youth are consuming them despite the risks many of these drinks
[31:32.740 --> 31:37.300]  contain large amounts of caffeine eight ounces of red bull for example contains about the
[31:37.300 --> 31:42.060]  same caffeine as a cup of coffee pediatricians caution that youngsters can have a difficult
[31:42.060 --> 31:47.380]  time handling the caffeine rush while many kids just get wired or irritable other potential
[31:47.380 --> 31:53.740]  effects include seizures heart palpitations strokes or even sudden death under Catherine
[31:53.740 --> 32:00.740]  Albrecht more news and information at Catherine Albrecht dot com
[32:00.740 --> 32:26.740]  yeah I got a warrant and I gonna solve them to the government them prosecute them okay
[32:26.740 --> 32:33.740]  okay now the surcharges that we're talking about
[32:33.740 --> 33:00.740]  okay now the surcharges that we're talking about these administrative fees slash punitive
[33:00.740 --> 33:08.220]  fees that they're adding in addition to whatever the jury assesses in a traffic case this is
[33:08.220 --> 33:14.700]  brought about by the driver's license points surcharge under the driver responsibility
[33:14.700 --> 33:22.740]  act this is chapter seven oh eight of the trap Texas transportation code now when you
[33:22.740 --> 33:33.340]  go read through this pay real close attention to what's going on here okay it it's ridiculous
[33:33.340 --> 33:40.140]  how they think that they've given proper notice to folks over what they're going to run into
[33:40.140 --> 33:48.540]  with these licenses and when I start in telling you that by accepting that license and all
[33:48.540 --> 33:55.340]  the accouterments that go with it you're giving up far more than you know that's not an exaggeration
[33:55.340 --> 34:02.940]  people that really really is not an exaggeration if you don't believe that go read chapter seven
[34:02.940 --> 34:11.100]  oh eight okay this was never put out for public consumption none of the public that I'm aware
[34:11.100 --> 34:17.820]  of was ever notified that they were going to get hit like this I mean commercial drivers
[34:17.820 --> 34:24.460]  have to deal with this the rest of us don't this is how they're sweetening their revenue
[34:24.460 --> 34:34.500]  pot by making everybody believe that they have to participate okay it's coercion it's
[34:34.500 --> 34:46.180]  taxation through coercion not by representation not by agreement but by coercion if you've
[34:46.180 --> 34:52.460]  ever gotten a traffic ticket for having no license or no anything then you fully understand
[34:52.460 --> 35:00.660]  the differences between consent and coercion because when you don't consent to take what
[35:00.660 --> 35:09.660]  they're coercing you into having then they act to punish you for it hence the tickets
[35:09.660 --> 35:17.420]  the going to trial the adjudication of guilty no matter what you prove or disprove the taking
[35:17.420 --> 35:24.820]  of your money over time or in lump sum how are you gonna look at it this is all stuff
[35:24.820 --> 35:36.740]  that deals with theft okay our public servants are a bunch of crooked thieves they're doing
[35:36.740 --> 35:48.860]  it all nice and legal they say and they don't view it as theft they don't view it as fraud
[35:48.860 --> 35:56.540]  but that's exactly what it is if I walked up to you on the street and told you if you
[35:56.540 --> 36:08.260]  didn't give me $500 then your business was going to get shut down am I coercing you into
[36:08.260 --> 36:16.460]  giving me that $500 depends on how you take my threat if you see me as someone with no
[36:16.460 --> 36:23.140]  authority to do that you're gonna laugh in my face or threaten me back but if I walk
[36:23.140 --> 36:30.580]  up to you carrying some form of official government identification and then threaten you and that
[36:30.580 --> 36:37.380]  particular agency I'm alleging that I represent actually has the authority to do the thing
[36:37.380 --> 36:45.780]  I'm threatening are you allowed to take me a little bit more seriously probably so it's
[36:45.780 --> 36:52.780]  all in the delivery and appearance some idiot with a uniform that doesn't know he's being
[36:52.780 --> 37:01.740]  you'll use as a humongous revenue tool comes up and demands that you produce all the accoutrements
[37:01.740 --> 37:07.620]  necessary to prove that he can make you do whatever he wants and you'll be the lead
[37:07.620 --> 37:20.860]  producing not something I would recommend but it happens every single day thousands of
[37:20.860 --> 37:30.020]  times a day you get pulled over you get stopped on the street you have some sort of encounter
[37:30.020 --> 37:35.460]  with an official individual the first thing they want is to know who you are what you're
[37:35.460 --> 37:44.700]  doing why you're doing it and they question you like they have some real right to do so
[37:44.700 --> 37:53.580]  and they don't unless you do something that gives them the impression that they do have
[37:53.580 --> 38:00.220]  the right when a police officer walks up to you and demands that you give him your license
[38:00.220 --> 38:06.660]  registration and proof of insurance and you do that you're agreeing that these are things
[38:06.660 --> 38:13.020]  he has a right to regulate over you and your opportunity to argue that you weren't engaging
[38:13.020 --> 38:23.940]  in the activity that requires those things is right out the window so I took the temptation
[38:23.940 --> 38:30.100]  of being able to produce that type of stuff out of the way I got rid of it there's nothing
[38:30.100 --> 38:37.260]  for me to produce there's no registration slip there's no license plates there's no
[38:37.260 --> 38:50.460]  stickers there's no suspended or expired license that they can have nothing so how are they
[38:50.460 --> 38:56.100]  going to make the argument that I was engaging in that act when they can't produce any evidence
[38:56.100 --> 39:06.500]  that said I was how are they going to do that if we're made to give them information about
[39:06.500 --> 39:11.900]  us they will use it against us they prove that time and time again we need to stop letting
[39:11.900 --> 39:20.100]  them get away with that they work for us it's not the other way around we don't exist in
[39:20.100 --> 39:30.180]  order to supply them with something to do they exist to do the jobs that the rest of
[39:30.180 --> 39:38.980]  us don't have the time to do and we needed someone dedicated to that responsibility to
[39:38.980 --> 39:52.860]  do that job hence police officers firemen bureaucrats so on and so forth they work for
[39:52.860 --> 40:00.580]  us folks stop letting them treat you like it's the other way around if you're free start
[40:00.580 --> 40:06.660]  acting like it if you believe that you are the one that should be in charge of your own
[40:06.660 --> 40:18.060]  life and your own family and your own property then come and start acting like it if you
[40:18.060 --> 40:26.020]  want to be in charge of your life short of what Almighty God has in store for you then
[40:26.020 --> 40:32.940]  you need to act like it if you act like somebody that needs to be taken care of you will be
[40:32.940 --> 40:41.740]  treated like somebody that has to be taken care of and it won't be the treatment mom
[40:41.740 --> 40:47.300]  and dad will give you it will be the treatment you would get in a really bad foster home
[40:47.300 --> 40:54.460]  that only wants the checks and that's pretty much what our public servants have turned
[40:54.460 --> 41:03.860]  into a bunch of foster home employees all they care about is the check not the child
[41:03.860 --> 41:11.500]  they've been paid to take care of so stop acting like children people get real get
[41:11.500 --> 41:19.740]  a life get in charge of what's yours stop leaving it to your public serpent right I'll
[41:19.740 --> 41:26.540]  quit ranting now we've got Dan Texas on the collar board even Dan what's up how you doing
[41:26.540 --> 41:34.460]  Eddie I'm doing good you oh I'm doing alright I had a interesting experience in Jordan in
[41:34.460 --> 41:40.140]  Georgetown in Wimps County the other day it's nothing really bad happened to me it was just
[41:40.140 --> 41:43.660]  kind of amusing and kind of interesting I don't know what to think about it I was there
[41:43.660 --> 41:52.140]  to watch a friend who was on trial for a class A misdemeanor failure to identify okay failure
[41:52.140 --> 41:58.140]  to identify because he had some traffic warrants out on him okay but I had actually gotten
[41:58.140 --> 42:02.180]  there a little bit early and he got there late so when I was sitting there I saw some
[42:02.180 --> 42:06.700]  guy actually do a plea bargain in front of the judge for possession of marijuana and
[42:06.700 --> 42:12.700]  he'd hired an attorney okay and he didn't fight him at all and he ended up getting two days
[42:12.700 --> 42:19.100]  and court costs which were $300 and change you know $355 $360 and the judge actually said
[42:19.100 --> 42:22.940]  he would give him two days credit for the day he spent in jail because when he was busted
[42:22.940 --> 42:29.020]  you know the minute he spent you know part of a day at least in jail right so anyway
[42:29.020 --> 42:32.860]  my friend shows up and went ahead and they forced him to a jury trial he was staying
[42:32.860 --> 42:38.660]  there challenging jurisdiction all this kind of he did not hire a lawyer he did not cooperate
[42:38.660 --> 42:43.580]  in any way he kept interrupting the judge and challenging the judge's jurisdiction and
[42:43.580 --> 42:49.540]  the jury found him guilty and he ended up getting three days jail two days credit for
[42:49.540 --> 42:57.660]  the day that he served and $400 and some odd dollars in court costs now I live in Williamson
[42:57.660 --> 43:01.940]  County and I know how tough they're supposed to be and I was really expecting he could
[43:01.940 --> 43:05.900]  have got up to a year in jail and a $5,000 fine and I don't know what to think of it
[43:05.900 --> 43:09.340]  the only thing that makes any sense is that the jails must be starting to get overcrowded
[43:09.340 --> 43:18.340]  because of this economy what do you think about that Eddie
[43:18.340 --> 43:24.220]  on the question here of what he was in there for he was on trial and he gave him a hard
[43:24.220 --> 43:28.700]  time this was the third or fourth hearing we went back I got that part that you said
[43:28.700 --> 43:36.140]  the only charge against him was failure to identify hello hello you said the only charge
[43:36.140 --> 43:43.380]  against him was failure to identify failure to identify as a fugitive from just okay hang
[43:43.380 --> 43:47.100]  on just second day and we're going to go to break we'll pick this up on the other side
[43:47.100 --> 43:55.020]  right folks this is rule of law radio 512646 1984 is the call in number this is Monday
[43:55.020 --> 44:02.180]  night traffic night we'll be right back after the break are you the plaintiff or defendant
[44:02.180 --> 44:08.980]  in a lawsuit win your case without an attorney with jurisdiction the affordable easy to understand
[44:08.980 --> 44:16.460]  for a CD course that will show you how in 24 hours step by step if you have a lawyer know
[44:16.460 --> 44:21.820]  what your lawyer should be doing if you don't have a lawyer know what you should do for
[44:21.820 --> 44:28.260]  you thousands have won with our step by step course and now you can too jurisdiction area
[44:28.260 --> 44:34.380]  was created by a licensed attorney with 22 years of case winning experience even if you're
[44:34.380 --> 44:39.500]  not in a lawsuit you can learn what everyone should understand about the principles and
[44:39.500 --> 44:46.060]  practices that control our American courts you'll receive our audio classroom video seminar
[44:46.060 --> 44:53.460]  tutorials forms for civil cases pro se tactics and much more please visit rule of law radio
[44:53.460 --> 45:02.380]  dot com and click on the banner are called toll free 866 law easy hey did you hear Ron
[45:02.380 --> 45:07.500]  Paul's announced he's running for president in 2012 really okay put down the cell phone
[45:07.500 --> 45:10.900]  for one minute your friends really don't care about your Twitter updates on what you had
[45:10.900 --> 45:15.820]  for breakfast make those little smiley faces with punctuation marks of course you do now
[45:15.820 --> 45:19.340]  listen closely you need to go down to break new books and learn as much as you can about
[45:19.340 --> 45:23.100]  Ron Paul and his message before it's too late they have all of his books and many of the
[45:23.100 --> 45:27.260]  books he talks about they also have t-shirts bumper stickers and yard signs so that you
[45:27.260 --> 45:31.220]  can show your support for him during the campaign break new books didn't have Harry Potter and
[45:31.220 --> 45:36.260]  Twilight no but they do carry a large selection of survival and preparedness books to protect
[45:36.260 --> 45:41.180]  your family in time of emergency that's like that show in the discovery channel yeah there's
[45:41.180 --> 45:45.020]  even a wilderness survival expert that teaches classes called earth skills school that you
[45:45.020 --> 45:49.580]  can sign up for on the website break new bookstore dot com what are you doing I'm tweeting all
[45:49.580 --> 45:53.140]  my friends that they should go to break new bookstore dot com or down to the bookstore
[45:53.140 --> 45:58.500]  in person where's it located 1904 Guadalupe street there it's said I even made a smiley
[45:58.500 --> 46:25.940]  face great hi folks we are back this is rule of law radio call in number tonight five one
[46:25.940 --> 46:31.500]  two six four six nineteen eighty four it is Monday night traffic night if you have any
[46:31.500 --> 46:38.100]  issues or questions please give us a call right now we are talking to Dan in Texas okay Dan
[46:38.100 --> 46:43.740]  now let me go over it real quick one more time to make sure you got all the detail okay
[46:43.740 --> 46:49.660]  I think I got him you said he was being charged as a fugitive from justice how did they come
[46:49.660 --> 46:53.500]  up with that real quick I've got a friend named Tom I don't feel comfortable giving his full
[46:53.500 --> 46:57.500]  name although you may have met him it's possible he's in the Austin area and what happened
[46:57.500 --> 47:03.780]  was a few years back he went up to Oklahoma and he paid cash for a brand new Dodge diesel
[47:03.780 --> 47:08.460]  nice pickup he was making some money at the time okay right and when the dealer said well
[47:08.460 --> 47:12.180]  you want us to do you know title tax license law stuff he said no he said I'm going back
[47:12.180 --> 47:17.100]  to Texas I'll handle it there when I get there so he left with the paid off receipt for the
[47:17.100 --> 47:22.140]  truck and with the MSO manufacturer statement of origin yes and then when he got to Texas
[47:22.140 --> 47:27.420]  he never went through the process as they would say he has to go through okay now his
[47:27.420 --> 47:32.140]  truck has no stickers on it no inspection no registration stickers and he's got a back
[47:32.140 --> 47:36.620]  plate I don't know why he doesn't have a front plate but the plate says secretary of state
[47:36.620 --> 47:42.540]  a posthee and it's got some numbers on it okay yeah now from what I gather he eventually
[47:42.540 --> 47:46.020]  got stopped by some officer somewhere and given some tickets which he didn't handle to
[47:46.020 --> 47:52.420]  their satisfaction and he didn't beat so they ended up issuing warrants for either fair
[47:52.420 --> 47:58.820]  to appear or fair to pay or fair to do something okay and he got stopped because of something
[47:58.820 --> 48:03.420]  else maybe they noticed his truck didn't meet their standards and when they asked him his
[48:03.420 --> 48:07.580]  name and date of birth and all that according to the officers he did not give them a correct
[48:07.580 --> 48:13.460]  name and date of a bird okay and that's in the penal code under failure to ID and if
[48:13.460 --> 48:19.260]  you're a fugitive it bumps it up to a class A misdemeanor well yeah it's 3802 I'm familiar
[48:19.260 --> 48:25.500]  with the penal code statute but you were asking me what I thought about this well depending
[48:25.500 --> 48:33.340]  upon what it was he didn't handle that changes the answer okay if all he did was not appear
[48:33.340 --> 48:39.700]  for the tickets they can't charge him under the penal code for failure to appear they
[48:39.700 --> 48:48.060]  can't issue the warrant under the penal code for failure to appear Eddie yeah there any
[48:48.060 --> 48:53.460]  say again there yes I'm here where are you okay well I'm outside it's a little bit windy
[48:53.460 --> 48:58.060]  but it's quieter outside than it is inside so I did that to try to you know as a courtesy
[48:58.060 --> 49:03.220]  to the program yeah okay now see the thing is I don't really know all those details
[49:03.220 --> 49:07.460]  I'll have to ask him sometime as to why there were warrants out on him regarding all these
[49:07.460 --> 49:11.380]  traffic tickets and things like that what he didn't do why didn't handle it but they
[49:11.380 --> 49:16.980]  were charging him under the penal code section that makes it a crime to give a false false
[49:16.980 --> 49:21.660]  identification information to an officer who has arrested you I forget the section and
[49:21.660 --> 49:27.100]  it's 3802 and I understand that if you've been detained and you voluntarily give false
[49:27.100 --> 49:33.020]  information you've committed to crime okay you have to have been lawfully detained and
[49:33.020 --> 49:38.580]  arrested that's what the statute requires now here's the thing here's the point I'm
[49:38.580 --> 49:43.860]  trying to make Eddie that kind of you know flabbergasted me okay this man is a friend
[49:43.860 --> 49:47.860]  of mine I have my fingers and my toes crossed I was hoping everything would go well for him
[49:47.860 --> 49:52.060]  but literally he did things that I wouldn't have done for instance during the trial they
[49:52.060 --> 49:57.540]  forced him to a jury trial okay I mean a couple times he aborted it he postponed it he challenged
[49:57.540 --> 49:59.460]  jurisdiction everywhere out of his mouth.
[49:59.460 --> 50:03.180]  Again how did they force him into a jury trial?
[50:03.180 --> 50:06.860]  Well they had him on bond and if he didn't appear it would have been another charge of
[50:06.860 --> 50:11.420]  bettering to appear plus revoked his bond he had to bond out of jail okay so if he didn't
[50:11.420 --> 50:14.420]  appear at any one of the settings that they had they would have just issued a capious
[50:14.420 --> 50:16.220]  or warrant for him.
[50:16.220 --> 50:22.340]  Well the question regarding forcing into a jury trial well he just means into a trial
[50:22.340 --> 50:23.340]  in general.
[50:23.340 --> 50:27.260]  Okay yes that's that's what I was going to say because you don't have to have a jury.
[50:27.260 --> 50:31.940]  Why well he didn't ask for a way if he wasn't cooperating at all his position was you have
[50:31.940 --> 50:36.420]  no authority over me you have no jurisdiction he said that repeatedly that was.
[50:36.420 --> 50:43.260]  So what was the trial about was it about the traffic ticket violations or was it because
[50:43.260 --> 50:50.980]  of failure to appear or was it because of the failure to ID this is a little bit unclear
[50:50.980 --> 50:56.820]  because first you said he was arrested for failure to ID or charged with failure to ID
[50:56.820 --> 51:03.580]  and then you mentioned something about giving false identification so which one was it or
[51:03.580 --> 51:04.820]  was it both?
[51:04.820 --> 51:12.380]  He was on trial under in Williamson County the class A misdemeanor failure to ID slash
[51:12.380 --> 51:17.060]  false ID and he gave according to them their testimony was he gave false information when
[51:17.060 --> 51:22.140]  the officer asked him for the information okay that's what he was on trial for in Williamson
[51:22.140 --> 51:26.060]  County I don't know what the underlying traffic tickets were all about but those were the
[51:26.060 --> 51:30.780]  reasons why he had warrants out of them if he had not had a warrant he gave false information
[51:30.780 --> 51:31.780]  it would just be a class C.
[51:31.780 --> 51:33.780]  Okay so what is your question?
[51:33.780 --> 51:37.820]  Well it's not so much a question it's a comment because almost everybody in this area knows
[51:37.820 --> 51:43.660]  how Williamson County is okay and this man gave the judge nothing but you know HE double
[51:43.660 --> 51:51.380]  L you know kept challenges jurisdiction interrupted him he did things you know that I wouldn't
[51:51.380 --> 51:56.420]  have done for instance the prosecutors were very you know professional and polished and
[51:56.420 --> 51:58.740]  well-dressed and they faced the jury and thanked the jury.
[51:58.740 --> 52:05.060]  Well Dan it takes more than just giving the judge or the court or the prosecutor HE double
[52:05.060 --> 52:12.300]  L I mean you have to have specific rebuttals you have to have specific challenges and he
[52:12.300 --> 52:17.340]  really didn't put on anything that I would call defense the point is that this is Williamson
[52:17.340 --> 52:22.700]  County and this man was you know operating from what they would view as being a complete
[52:22.700 --> 52:26.180]  outlaw as far as his truck goes and everything like that he gave them nothing but a hard
[52:26.180 --> 52:30.340]  time and the judge ended up sentenced him he did not have the jury sentenced him he chose
[52:30.340 --> 52:35.340]  to have the judge sentenced him and the judge gave him three days no fine he could have
[52:35.340 --> 52:39.980]  gotten a year in jail up to a $5,000 fine a year in jail he ended up getting three days
[52:39.980 --> 52:44.340]  in jail two days already served because the database arrest they gave him.
[52:44.340 --> 52:48.140]  Well Dan if he didn't put on a proper defense then that's to be expected I mean that has
[52:48.140 --> 52:52.740]  nothing to do with Williamson County I mean we all know that Williamson County is extremely
[52:52.740 --> 52:56.380]  corrupt but if you're not going to put on a proper defense and you don't even understand
[52:56.380 --> 52:59.260]  the charges that are against you then that's what's going to happen.
[52:59.260 --> 53:04.740]  He's talking about that the actual punitive effect was extremely minimal considering it
[53:04.740 --> 53:08.820]  was Williamson County three days instead of up to a year.
[53:08.820 --> 53:11.620]  I think he's not locking him up for the whole year and hitting him with $5,000 fine I was
[53:11.620 --> 53:14.660]  fully expecting that to happen.
[53:14.660 --> 53:18.700]  But the only problem is is you're asking me to comment on it and I don't have any information
[53:18.700 --> 53:21.380]  other than what you relayed to us over the call.
[53:21.380 --> 53:26.020]  I don't really have a frame of reference not knowing what the gentleman was saying or doing
[53:26.020 --> 53:27.020]  in court.
[53:27.020 --> 53:29.420]  We don't even know what the technical what the charges were.
[53:29.420 --> 53:34.380]  I did have a traffic comment but I mean I just wanted to relay it because you know everybody
[53:34.380 --> 53:37.660]  around knows how Williamson County is and I don't know what to think about I'm tarnishing
[53:37.660 --> 53:42.660]  him is there jail overcrowded did he get the you know idiot of the week award or the you
[53:42.660 --> 53:45.860]  know entertainment we entertain the judge or what happened.
[53:45.860 --> 53:50.300]  Well it could be the fact that maybe just maybe the judge is aware that there's something
[53:50.300 --> 53:55.740]  in the record that this guy could have used to his advantage and didn't and rather than
[53:55.740 --> 54:01.660]  risk assessing way too much money and time that would cost them in the long run if he
[54:01.660 --> 54:07.940]  ever figured it out and bought it the judge opted for discretion and didn't over punish
[54:07.940 --> 54:13.820]  in the hopes that it will be considered payment enough that he'll go away and not ponder the
[54:13.820 --> 54:14.820]  issue anymore.
[54:14.820 --> 54:19.140]  Yeah and really Dan what you're asking for at this point is pure speculation.
[54:19.140 --> 54:23.620]  You're asking for pure speculation on our part because we don't really you haven't given
[54:23.620 --> 54:26.940]  us the details of the foundation of the case.
[54:26.940 --> 54:30.540]  These are giving you pretty much all the details I know I know there was traffic warrants I
[54:30.540 --> 54:34.380]  know we got stopped and I sat there through about the first half of the trial and I had
[54:34.380 --> 54:37.380]  to leave and I was expecting that he was going to be in jail and I called the jail and he
[54:37.380 --> 54:40.860]  wasn't in there and I shot him an email and he ended up responding and said well I got
[54:40.860 --> 54:45.380]  three days two days served and four hundred some odd dollars in court cost and I ended
[54:45.380 --> 54:48.260]  up talking to him a day or two later and he said he hadn't paid the court cost because
[54:48.260 --> 54:51.140]  he filed him an appeal he's going to go ahead and appeal the sentence he got.
[54:51.140 --> 54:53.740]  All right well do you have anything else for us Dan?
[54:53.740 --> 55:00.460]  Yes I did now this has to do with traffic okay and you know the bad thing is that I've
[55:00.460 --> 55:04.980]  read you know some cases in the past and played around with traffic myself okay and
[55:04.980 --> 55:10.140]  I know that I read a case four or five years ago and I'm sure Eddie's done this he's read
[55:10.140 --> 55:14.180]  a case made a point of making a note of it or something got busy forgot to do it set it
[55:14.180 --> 55:19.300]  aside forgot the case but he remembers the gist of it okay and what is the case you're
[55:19.300 --> 55:20.300]  referring to Dan?
[55:20.300 --> 55:25.700]  Well what this case was was it was you know it was City of Amarillo or City of Abilene
[55:25.700 --> 55:30.340]  one or the other I remember those details and what it was was it was around the turn
[55:30.340 --> 55:38.700]  of the 1800s or 1880s 1890s or early 1900s okay and what happened was this man was gambling
[55:38.700 --> 55:44.300]  in violation of the city ordinance and also in violation of some state law or something
[55:44.300 --> 55:49.460]  and a sheriff deputy or sheriff and a city marshal came on the scene of these guys gambling
[55:49.460 --> 55:55.260]  at the same time both of them okay and the city marshal wrote a citation to one of the
[55:55.260 --> 56:00.300]  men okay and the sheriff guy didn't do anything he didn't write a citation or anything like
[56:00.300 --> 56:06.420]  that and so they leave and the next day the man runs down to the city and pays the fine
[56:06.420 --> 56:12.540]  okay pled guilty or pled no contest and went ahead and paid the ticket okay and imagine
[56:12.540 --> 56:18.540]  to his surprise a few days later he gets a summons in the mail summoning him to JP court
[56:18.540 --> 56:23.900]  because the sheriff went in and filed the actual sworn complaint see and what happened
[56:23.900 --> 56:27.980]  was this was an appeals case and the man was screaming at the appeals court and he said
[56:27.980 --> 56:32.300]  you know hey you can't do this this is double jeopardy I've already been pled pled guilty
[56:32.300 --> 56:37.100]  found guilty paid the fine in the city court and this county charge cannot I'm getting charged
[56:37.100 --> 56:43.140]  twice for the same offense that's you know blazing you know blatant violation of the
[56:43.140 --> 56:49.020]  provision you know barring double jeopardy okay now what's interesting is that the appeals
[56:49.020 --> 56:55.060]  court ruled against him okay and what they basically said was that he wasn't really formally
[56:55.060 --> 56:59.860]  charged until there was at least a sworn complaint and that the court that got the first complaint
[56:59.860 --> 57:05.380]  in a case like that is the court that gets the jurisdiction so in other words he paid
[57:05.380 --> 57:10.740]  the city prematurely because they hadn't filed a complaint against him and in in in legal
[57:10.740 --> 57:14.580]  you know essence he donated the money to the city I mean theoretically maybe he could go
[57:14.580 --> 57:19.260]  sue them civilly and say hey give me my money back he ended up getting tried getting convicted
[57:19.260 --> 57:24.740]  in JP court he appealed the conviction and the appeals court said it's not double jeopardy
[57:24.740 --> 57:31.060]  you weren't charged by the city you were charged by the county now I wish I knew the site on
[57:31.060 --> 57:35.060]  that I could find the site on that but see what it boils down to Eddie is is you're a
[57:35.060 --> 57:39.260]  hundred percent right in what you say and teach and they don't have any charging document
[57:39.260 --> 57:44.220]  for all these majority of people that run in there and plea and pay to just a citation
[57:44.220 --> 57:49.540]  they have never been legally charged and technically theoretically said county attorney
[57:49.540 --> 57:52.220]  could go around the city is that they were charging for money and say hey give us all
[57:52.220 --> 57:55.940]  your tickets I want to dig through your ticket book oh you got all these people that pledged
[57:55.940 --> 57:59.460]  guilt to your no contest and they were there no complaint filed well I'm gonna file a complaint
[57:59.460 --> 58:05.100]  against them drag them in my court now all right well I'd like to see the case on that
[58:05.100 --> 58:09.980]  the case site all right Dan thanks for the call all right we are going to the top of
[58:09.980 --> 58:14.940]  the hour break now we've got some of the callers on the line Kenny Hondo and more callers would
[58:14.940 --> 58:24.820]  like to call in 512-646-1984 this is the rule of law rule of law radio dot com Eddie Craig
[58:24.820 --> 58:54.660]  Deborah Stevens Randy Kelton we'll see you on the other side.
[58:54.820 --> 59:05.220]  Would you like to make more definite progress in your walk with God Bibles for America is
[59:05.220 --> 59:10.820]  offering a free study Bible and a set of free Christian books that can really help the New
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[59:26.620 --> 59:31.940]  of the Christian life chapter by chapter basic elements of the Christian life clearly presents
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[59:44.300 --> 59:57.980]  for America toll free at 888-551-0102 that's 888-551-0102 or visit us online at bf a dot
[59:57.980 --> 01:00:09.780]  o r g radioactive strontium up to 240 times the legal limit has been detected in seawater
[01:00:09.780 --> 01:00:15.460]  samples collected nearly Fukushima nuclear plant tokyo electric power company said Sunday
[01:00:15.460 --> 01:00:19.940]  the substance was also found in ground water near the plants number one and number two
[01:00:19.940 --> 01:00:25.820]  reactors strontium accumulates in bones and is known to cause bone cancer and leukemia
[01:00:25.820 --> 01:00:32.940]  Turkish Prime Minister Recep Tayyip Erdogan won a third term in Sunday's parliamentary
[01:00:32.940 --> 01:00:38.300]  elections but fell short of the stated goal of a two-thirds majority which would have allowed
[01:00:38.300 --> 01:00:45.100]  him to unilaterally change the Constitution his AKP party was hampered by a strong showing
[01:00:45.100 --> 01:00:52.380]  by the Kurds a minority in Turkish society who have long sought independence Christ Church
[01:00:52.380 --> 01:00:57.140]  New Zealand's second biggest city was struck Monday by a series of the worst earthquakes
[01:00:57.140 --> 01:01:02.780]  since a tumbler killed more than 180 people in February the US Geological Survey said
[01:01:02.780 --> 01:01:09.620]  a magnitude 5.2 quake was followed by 6.0 New Zealand faces a 12 billion dollar damages
[01:01:09.620 --> 01:01:16.980]  bill from the quake in February and the magnitude 7 tumbler in September the New York Times reported
[01:01:16.980 --> 01:01:22.900]  Monday the FBI is giving significant new powers to its agents that critics say will allow them
[01:01:22.900 --> 01:01:27.780]  to further encroach on civil liberties some of the changes will allow agents to search
[01:01:27.780 --> 01:01:33.500]  for information about a person in databases without evidence of criminal or terrorist activity
[01:01:33.500 --> 01:01:38.420]  and without making a record about their decision the new regulations permit surveillance to
[01:01:38.420 --> 01:01:43.700]  be unlimited agents will also be allowed to hunt through a person's trash without needing
[01:01:43.700 --> 01:01:50.620]  a factual basis for suspecting wrongdoing or when evaluating a target as a potential informant
[01:01:50.620 --> 01:01:56.260]  the new manual says an agent or informant may surreptitiously attend up to five meetings
[01:01:56.260 --> 01:02:02.540]  of a group before the bureau secret rules governing quote undisclosed participation in an organization
[01:02:02.540 --> 01:02:08.340]  apply former FBI agent Michael German now a lawyer for the American Civil Liberties Union
[01:02:08.340 --> 01:02:14.500]  said the new rules will raise the potential for abuse by the FBI the Israeli newspaper
[01:02:14.500 --> 01:02:20.060]  Horace reports Israel has started mobilizing its embassies for the battle against UN recognition
[01:02:20.060 --> 01:02:25.780]  of the Palestinian state in September ordering its diplomats to convey this would delegitimize
[01:02:25.780 --> 01:02:31.820]  Israel and foil future peace talks in secret cables obtained by Horace envoys are being
[01:02:31.820 --> 01:02:36.940]  asked to lobby top officials in countries where they serve and ply the media with articles
[01:02:36.940 --> 01:02:43.060]  arguing against recognition foreign ministry director general Rafael Barak sent out classified
[01:02:43.060 --> 01:02:48.020]  cables outlining the battle plan to Israeli embassies over the past week after earlier
[01:02:48.020 --> 01:02:55.020]  ordering diplomats to cancel vacations planned for September
[01:02:55.020 --> 01:03:07.940]  you are listening to the rule of law radio network at rule of law radio dot com live free
[01:03:07.940 --> 01:03:25.940]  speech talk radio at its best it's all according to the well I'll be on my
[01:03:25.940 --> 01:03:41.940]  I read his book and it says he cares not over the other side these warmongers come by that
[01:03:41.940 --> 01:03:49.940]  term right I will pay for the war with my body she ain't gonna pay for the car with my money
[01:03:49.940 --> 01:03:56.940]  I won't pay for the fun with my body the plans we get in the logic shoddy ain't gonna pay
[01:03:56.940 --> 01:04:04.940]  for the oil with my body I won't pay for the boys with my money ain't gonna pay for the
[01:04:04.940 --> 01:04:13.940]  kids with my body the whole agenda smells funny I wanna fight in a wire of my life
[01:04:13.940 --> 01:04:19.940]  all right folks we are back this is rule of law radio five one two six four six nineteen
[01:04:19.940 --> 01:04:24.940]  eighty four it is the top of the hour we got about an hour left in the show right now we
[01:04:24.940 --> 01:04:29.940]  have a couple of callers still on the board Kenny and Hondo we're gonna go to Kenny Kenny
[01:04:29.940 --> 01:04:38.940]  what can we do for you yes I got a ticket in Liberty Hill and I was pulling the trailer
[01:04:38.940 --> 01:04:43.940]  and I didn't have any tail lights on my trailer and I've always understood that if your load
[01:04:43.940 --> 01:04:48.940]  wasn't blocking your rear lights on the vehicle you're pulling trailer with it you don't need
[01:04:48.940 --> 01:04:54.940]  tail lights on your trailer is that correct that is correct we've been through that particular
[01:04:54.940 --> 01:04:59.940]  statute for someone before now where can I find that because I went to court today and
[01:04:59.940 --> 01:05:04.940]  he told me it was my burden of proof that he didn't really know and he didn't have access
[01:05:04.940 --> 01:05:11.940]  who told you that the prosecutor the prosecutors full of crap it's his burden of proof not yours
[01:05:11.940 --> 01:05:17.940]  right and you're allowed to have proper notice of what's being alleged against you did you
[01:05:17.940 --> 01:05:22.940]  get a copy of the complaint well yeah I got a ticket and all that but no I didn't ask you
[01:05:22.940 --> 01:05:28.940]  if you got a ticket did you get a copy of the complaint I don't understand what you mean
[01:05:28.940 --> 01:05:36.940]  there's a document that somebody has to swear to it's called a complaint uh-huh did you
[01:05:36.940 --> 01:05:43.940]  get a copy of it from the prosecutor today uh yeah I got paperwork wrong I just don't
[01:05:43.940 --> 01:05:48.940]  know the legal jargon so I don't know that's why I'm calling and asking did you look at
[01:05:48.940 --> 01:05:54.940]  any of the paperwork no not really he told me he told me if I could bring in the legal
[01:05:54.940 --> 01:06:01.940]  statute and sell it to him that he would dismiss it no his job is to find the statute smack
[01:06:01.940 --> 01:06:07.940]  him upside the head with chapter 2 code of criminal procedure it's his job to prove your
[01:06:07.940 --> 01:06:13.940]  innocence just as much as it is your guilt if he's going to charge you under a particular
[01:06:13.940 --> 01:06:18.940]  statute he dang well ought to know what that statute does and does not allow access the
[01:06:18.940 --> 01:06:22.940]  internet and he didn't know what it was and if I could prove it he would dismiss it well
[01:06:22.940 --> 01:06:26.940]  and if he doesn't know what it is how are they going to write a criminal complaint against
[01:06:26.940 --> 01:06:33.940]  you that makes sense to me with uh anyways it's chapter 2 of the Texas Penal Code no
[01:06:33.940 --> 01:06:40.940]  no chapter 2 is what his duties are okay okay that's not the transportation code dealing
[01:06:40.940 --> 01:06:48.940]  with the the lights on the trailer okay all right according to chapter 2 his duties is
[01:06:48.940 --> 01:06:54.940]  ensure that everything is brought to light whether it's exculpatory or incriminating
[01:06:54.940 --> 01:07:01.940]  uh-huh and if he knows the statute exists and he plans to charge you with it he better
[01:07:01.940 --> 01:07:09.940]  know which part can and cannot apply to you right now if you get paperwork from these
[01:07:09.940 --> 01:07:15.940]  guys I recommend you take a look at it okay all right one of these documents needs to
[01:07:15.940 --> 01:07:22.940]  say complaint okay and if none of them do then they already have a due process problem
[01:07:22.940 --> 01:07:32.940]  45.018 code of criminal procedure requires that you be provided with a copy of that complaint
[01:07:32.940 --> 01:07:40.940]  no later than one day prior to any proceeding in the prosecution of that complaint well
[01:07:40.940 --> 01:07:46.940]  now think about the only paperwork I got from them was what I got to go to court today they
[01:07:46.940 --> 01:07:51.940]  didn't give me anything today now think about it I've been working all this but what what
[01:07:51.940 --> 01:07:58.940]  have you gotten and when and how did you get it they mailed me a piece of paper a month
[01:07:58.940 --> 01:08:04.940]  ago informing me of my court date but they didn't give me anything today they kept all the
[01:08:04.940 --> 01:08:10.940]  paperwork they said come back 30 days I had to have the 30 days come back and show them
[01:08:10.940 --> 01:08:18.940]  the statute they were dismissed okay so you're going to go in and try to prove your innocence
[01:08:18.940 --> 01:08:23.940]  rather than them trying to prove your guilt hey if it's letting me 150 bucks I'm all for
[01:08:23.940 --> 01:08:30.440]  it and it goes off no you're not following me here dude that is the switching up to the
[01:08:30.440 --> 01:08:39.540]  burden of proof the accused does not bear the burden of proof the accuser does if they
[01:08:39.540 --> 01:08:48.940]  are not in possession of an actual complaint that makes an accusation then they don't have
[01:08:48.940 --> 01:08:56.980]  a case there's no issue before the court file a prosecutorial misconduct charge and bar
[01:08:56.980 --> 01:09:06.740]  grievance against the prosecutor how you go about doing that go online search for Texas
[01:09:06.740 --> 01:09:15.580]  bar grievance download the form fill it out send it in Texas bar grievance yeah just do
[01:09:15.580 --> 01:09:21.420]  a search for that it'll bring you up a PDF form to fill out okay download that to your
[01:09:21.420 --> 01:09:30.780]  computer and fill it out print it out sign it file it all the information you need on
[01:09:30.780 --> 01:09:36.060]  what to do when it is on it but I'm not a lawyer and I don't know you don't have to be a lawyer
[01:09:36.060 --> 01:09:40.580]  if you can read when you walk in there it's total intimidation you either see what they
[01:09:40.580 --> 01:09:49.100]  say or you go to jail to defend the court you know not true not true if you let fear control
[01:09:49.100 --> 01:09:56.300]  your court appearance you've lost already that may be the impression you get but it
[01:09:56.300 --> 01:10:02.940]  is not true they can't hold you in contempt without a valid reason and it's much harder
[01:10:02.940 --> 01:10:13.900]  to get that valid reason than they would have you believe all right okay well I guess that's
[01:10:13.900 --> 01:10:19.540]  what I need to know then yeah get that first if you have a scanner or anything of that
[01:10:19.540 --> 01:10:25.340]  nature take every piece of paperwork you've got get it scanned into your computer and
[01:10:25.340 --> 01:10:31.380]  email it to me and I will see what I can tell you to do or not do okay only thing I have
[01:10:31.380 --> 01:10:37.020]  from them is the thing that they sent me to come to court today okay you have a citation
[01:10:37.020 --> 01:10:46.140]  also right and you're sure there's nothing else that's it okay then take it upon yourself
[01:10:46.140 --> 01:10:53.500]  to go back to the court visit the clerk and tell them you want to view the court record
[01:10:53.500 --> 01:11:01.180]  and you want a copy of everything that's in it okay then add that to the pile of paper
[01:11:01.180 --> 01:11:08.820]  you've got all two of them and scan them in and get them sent to me ASAP what's your
[01:11:08.820 --> 01:11:22.100]  email address eddieedie at ruleoflawradio.com okay all right thank you sir yeah and Kenny
[01:11:22.100 --> 01:11:28.460]  listen don't don't let the fear overcome you okay they are not going to hold you in
[01:11:28.460 --> 01:11:32.980]  contempt of court just because you won't do every little thing that they want you to
[01:11:32.980 --> 01:11:38.900]  all right remember when it comes to traffic tickets these people want money this is revenue
[01:11:38.900 --> 01:11:46.300]  they don't want to put you in jail that costs them they want to get in your pockets all
[01:11:46.300 --> 01:11:51.620]  right and really they're not going to hold you in contempt unless there really is a valid
[01:11:51.620 --> 01:11:58.420]  reason so so you just have to know the law you have to know the procedures and and just
[01:11:58.420 --> 01:12:06.740]  have faith and stand firm okay well I appreciate it I will get that email to you and then we'll
[01:12:06.740 --> 01:12:12.260]  see what happens after that okay thanks Kenny thank you have a good day okay you too all
[01:12:12.260 --> 01:12:18.740]  right before we go to the next call I wanted to address what you were talking about earlier
[01:12:18.740 --> 01:12:26.380]  eddie concerning this appeals issue and getting it to the county court which is the appellate
[01:12:26.380 --> 01:12:31.780]  court for traffic tickets now we were discussing on the break basically you're saying right
[01:12:31.780 --> 01:12:38.580]  now unless the municipal court grants someone in former paupers there's really no way to
[01:12:38.580 --> 01:12:46.660]  get a traffic ticket on appeal to the county court unless you pay the double the ticket
[01:12:46.660 --> 01:12:53.540]  the appeal bond and you were saying people don't ever sign that little electronic pad
[01:12:53.540 --> 01:12:58.260]  because they will take your signature and put it wherever they want and like eddie you
[01:12:58.260 --> 01:13:03.620]  were saying they'll apply it to the ticket and the court costs and say that you've agreed
[01:13:03.620 --> 01:13:09.420]  and pled guilty and then you can't appeal so you have to specifically say no this money
[01:13:09.420 --> 01:13:15.500]  is for the appeal so once it gets let's assume someone's gone through that process it gets
[01:13:15.500 --> 01:13:24.620]  to the appeal court it gets to the county court what I've been told is that what happens
[01:13:24.620 --> 01:13:30.420]  is that they just won't try it they just the county court just won't make a ruling on it
[01:13:30.420 --> 01:13:35.380]  they just sit on it forever and keep your money and so what is the remedy there how
[01:13:35.380 --> 01:13:42.540]  can somebody well I know like what frederick graves would say is that well get the process
[01:13:42.540 --> 01:13:47.860]  rolling you schedule a motion hearing file some motions file some documents and schedule
[01:13:47.860 --> 01:13:55.580]  a motion hearing but that's not going to schedule the trial or schedule a ruling on the appeal
[01:13:55.580 --> 01:14:01.780]  is there anything in statute or anything in case law that says there's a time limit here
[01:14:01.780 --> 01:14:08.580]  I mean what about speed trial issues the speedy trial issue is the only one you have to motivate
[01:14:08.580 --> 01:14:13.780]  them with and as far as what you do to get them to hear it the only option you have is
[01:14:13.780 --> 01:14:19.260]  to file a motion for dismissal for failure to provide a speedy trial at the appeal level
[01:14:19.260 --> 01:14:26.540]  but here's the issue on the appeal that's not going to work that will only work on a
[01:14:26.540 --> 01:14:33.100]  trial de novo which you would have had to pay the appeal bond to get to anyway okay so if
[01:14:33.100 --> 01:14:38.700]  it's a court of record at the municipal level you can't you're going to an appeal court an
[01:14:38.700 --> 01:14:45.780]  actual appeal and there's no re-adjudication of anything what's in the record and in the
[01:14:45.780 --> 01:14:53.260]  filings is what there is so there's nothing you can file to motivate the appellate procedure
[01:14:53.260 --> 01:14:57.980]  that I'm aware of now there may be that you could file the writ of mandamus to a higher
[01:14:57.980 --> 01:15:02.620]  court saying hey the appeals court's just sitting here they can't offer a valid reason
[01:15:02.620 --> 01:15:09.380]  why they're sitting here their dockets not overloaded they've tried four cases in a month
[01:15:09.380 --> 01:15:16.900]  come on guys that type of thing you might be successful that way but they're going to
[01:15:16.900 --> 01:15:21.380]  do exactly what the awesome municipal court does they're going to shuffle cases to keep
[01:15:21.380 --> 01:15:28.500]  those that have that are recent arrivals in the hopper for as long as possible they will
[01:15:28.500 --> 01:15:37.140]  try to prosecute all older cases first just like they do in Austin municipal they'll call
[01:15:37.140 --> 01:15:42.740]  you in 50 times and then send you home because yours is not the oldest case and so the older
[01:15:42.740 --> 01:15:49.900]  one will go to trial today not yours there's got to be a way to force the appeals court
[01:15:49.900 --> 01:15:56.420]  to make as long as the legislature is providing the other branches of idiocy I mean government
[01:15:56.420 --> 01:16:06.140]  with tools to oppress us but giving us no tools to facilitate our own rights I don't
[01:16:06.140 --> 01:16:13.100]  see one so you don't see you don't know of anything in statute that requires the appeals
[01:16:13.100 --> 01:16:18.100]  court which is in this situation the county court to make a ruling within a particular
[01:16:18.100 --> 01:16:23.980]  set of time there used to be in the speedy trial act until the courts ruled an unconstitutional
[01:16:23.980 --> 01:16:30.940]  of course they did that for their own process the legislature tried to set time limits
[01:16:30.940 --> 01:16:36.340]  on what they could do and how long they could do it but then the court in order to get out
[01:16:36.340 --> 01:16:41.380]  from under the requirements to do things in a timely manner declared it unconstitutional
[01:16:41.380 --> 01:16:47.420]  I never read the whole act to and see if it was based on that alone but I'm pretty sure
[01:16:47.420 --> 01:16:51.500]  that was a big part of why it got overturned okay well I'm going to do some case law research
[01:16:51.500 --> 01:16:55.420]  on this there's got to be a way to force them to make a ruling on the appeal within
[01:16:55.420 --> 01:17:02.220]  a certain length of time we'll be right back folks capital coin and bullion is your local
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[01:17:28.940 --> 01:17:33.540]  road in the Stanley insurance building on the ground floor next to the ishaban sushi
[01:17:33.540 --> 01:17:39.420]  and the genie car wash we're open Monday through Friday 10 to 6 Saturdays 10 to 5 you welcome
[01:17:39.420 --> 01:17:46.700]  to stop in during regular business hours or call 512-646-6440 ask for Chad or Becky and
[01:17:46.700 --> 01:17:51.060]  say that you heard about us on rule of law radio or Texas Liberty radio that's capital
[01:17:51.060 --> 01:18:00.300]  coin and bullion at our new location at 7304 Burnett road sweet a recall 512-646-6440 my
[01:18:00.300 --> 01:18:06.060]  name is Randall Kelton and I co-host on rule of law radio we specialize in showing people
[01:18:06.060 --> 01:18:11.100]  how to strike back against corrupt public officials with the mortgage crisis worsening
[01:18:11.100 --> 01:18:15.700]  we set our sights on finding a remedy for people who have been cheated by their lenders
[01:18:15.700 --> 01:18:20.020]  if you have a mortgage or have paid yours off you have probably been cheated out of
[01:18:20.020 --> 01:18:30.300]  thousands but there is a remedy go to remedies in real estate dot com or call me at 512-430-4140
[01:18:30.300 --> 01:18:35.300]  and find out how to use the consumer protection laws to recover what the lenders have stolen
[01:18:35.300 --> 01:18:40.380]  through fraud and deception we will prepare for you a qualified written request that will
[01:18:40.380 --> 01:18:46.100]  expose the fraud and put the lenders on the dime lender fraud is bankrupting this country
[01:18:46.100 --> 01:18:55.220]  and it's time to fight back go to remedies in real estate dot com or call 512-430-4140
[01:18:55.220 --> 01:19:11.260]  and get the information you need to stop the money changers in their tracks
[01:19:11.260 --> 01:19:29.020]  you ain't gonna fool me with that same old trick again I was blindsided but now I can
[01:19:29.020 --> 01:19:37.020]  see your face you put the fear in my pocket took the money from my hand ain't gonna fool
[01:19:37.020 --> 01:20:02.500]  me with that same old trick again I ain't gonna fool me with that same old trick again
[01:20:02.500 --> 01:20:12.180]  512-646-1984 we are going into our third quarter here or our end of our second quarter I'm
[01:20:12.180 --> 01:20:17.180]  sorry anyway Hondo you were next in line but you dropped off so if you're out there and
[01:20:17.180 --> 01:20:20.300]  can hear us please give us a call back and as soon as you're back up on the board we'll
[01:20:20.300 --> 01:20:26.100]  take you right now we're going to go to Michael in Texas Michael what can we do for you hello
[01:20:26.100 --> 01:20:33.980]  I was in your show a great show I had a rather bizarre encounter with a police officer recently
[01:20:33.980 --> 01:20:41.860]  and I'd like to know what I could do about it is rather intimidating okay first the it
[01:20:41.860 --> 01:20:48.100]  all started when I was threatened with a deadly weapon by three gentlemen and I called 911
[01:20:48.100 --> 01:20:53.780]  and gave the description license plate and the people sped off so basically they ended
[01:20:53.780 --> 01:20:59.340]  up finding these these three gentlemen I'm sure they threw the weapon away or whatnot
[01:20:59.340 --> 01:21:07.540]  you know so basically once they they detained these gentlemen I hung up with the person
[01:21:07.540 --> 01:21:11.900]  they called me back and wanted to know all of my information and I told them well you
[01:21:11.900 --> 01:21:16.980]  know I'm not the person I'm not the criminal who threatened anybody I'd rather rename
[01:21:16.980 --> 01:21:23.740]  and remain anonymous that basically what happened was that you know I just hung up they called
[01:21:23.740 --> 01:21:28.420]  me back and I told them the same thing I just want to remain anonymous and basically what
[01:21:28.420 --> 01:21:35.100]  ended up happening is is they called me back and told me that if I an officer would like
[01:21:35.100 --> 01:21:39.980]  to meet with me because those other gentlemen had a different size of the story and at the
[01:21:39.980 --> 01:21:47.460]  time there was four witnesses that they didn't even know me the witnesses I don't need never
[01:21:47.460 --> 01:21:54.580]  seen these people in my life but they were willing to vouch for what happened and the
[01:21:54.580 --> 01:21:59.340]  dispatcher she was asking me all these questions but she didn't want to hear any witnesses
[01:21:59.340 --> 01:22:04.540]  or even know their names or just she didn't want to get anything down that was to my benefit
[01:22:04.540 --> 01:22:12.460]  and I found that odd and basically I was I was going on my way to meet to see if I wanted
[01:22:12.460 --> 01:22:17.180]  to meet an officer because I was undecisive you know I was indecisive about it and on
[01:22:17.180 --> 01:22:21.780]  my way to meet the officer lo and behold I see these three gentlemen who just pulled
[01:22:21.780 --> 01:22:28.420]  a weapon on me walking down the street and on top of that these gentlemen were intoxicated
[01:22:28.420 --> 01:22:33.060]  they were they were literally intoxicated to the point of they were stumbling around
[01:22:33.060 --> 01:22:38.740]  and they were let go and when I met up with the officer I finally agreed to meet up with
[01:22:38.740 --> 01:22:43.380]  the officer because I demanded an explanation of why these gentlemen were let go without
[01:22:43.380 --> 01:22:49.140]  asking me if I wanted to press charges or anything and when I met up with the officer
[01:22:49.140 --> 01:22:54.700]  rather than address the fact that these gentlemen were let go he he proceeded to scold me for
[01:22:54.700 --> 01:23:02.300]  calling 911 several times which which I called because they hung up one occasion and I told
[01:23:02.300 --> 01:23:07.420]  him well you know I want to press charges on these gentlemen I want to know why you
[01:23:07.420 --> 01:23:12.580]  let him go and he said well let me see your ID sir and I said for what I didn't do anything
[01:23:12.580 --> 01:23:17.380]  and he goes sir let me see your ID either and I was I said okay and I pulled out my
[01:23:17.380 --> 01:23:22.420]  wallet he goes you're refusing to let me see your ID so at that point I already knew where
[01:23:22.420 --> 01:23:26.940]  it was headed that he was going to look for an excuse to tell me to put my hands behind
[01:23:26.940 --> 01:23:31.620]  my back and then when I said for what he was going to go and reach things and try to grab
[01:23:31.620 --> 01:23:35.380]  me and then when he tried to grab me and I said hey what do you arrest me for he would
[01:23:35.380 --> 01:23:40.660]  have said that I resisted and assaulted him and made up all these allegations that I resisted
[01:23:40.660 --> 01:23:46.500]  the rest you know you know how they try to do it and I at that moment I thought geez
[01:23:46.500 --> 01:23:49.540]  I should have listened to Randy and all those people when I heard him on the show saying
[01:23:49.540 --> 01:23:56.700]  you need to take a camera everywhere now and you know basically the officer told me right
[01:23:56.700 --> 01:24:01.100]  when I was about to show him his ID my ID and he saw me pull out my wallet and he said
[01:24:01.100 --> 01:24:07.060]  that I refused to show him then he told me he goes since you refused to show ID we could
[01:24:07.060 --> 01:24:11.060]  do one of two ways you can just get out of here and we can forget about the whole thing
[01:24:11.060 --> 01:24:15.340]  or we can continue further and see what's going to happen and I didn't want to test
[01:24:15.340 --> 01:24:19.900]  the egomaniacs so I went ahead and said you know what just forget about it let those people
[01:24:19.900 --> 01:24:25.420]  run wild and do whatever the hell they want and then he proceeded to go around to where
[01:24:25.420 --> 01:24:30.420]  my vehicle was and take down my license plate and he hollered out the window he goes I got
[01:24:30.420 --> 01:24:38.420]  your license plate and then that was the end of it okay so what exactly is your question
[01:24:38.420 --> 01:24:45.060]  my question is did he have did he commit any sort of violation as far as you know why would
[01:24:45.060 --> 01:24:50.420]  he why would he not explain what why they didn't do anything to the gentleman and rather
[01:24:50.420 --> 01:24:56.020]  than say hey you know these gentlemen threatened you with a deadly weapon here's why first
[01:24:56.020 --> 01:25:00.220]  off you didn't identify yourself so they didn't know if they were talking to the correct party
[01:25:00.220 --> 01:25:05.100]  about what the accusations were or not if they're investigating a crime they're not
[01:25:05.100 --> 01:25:09.820]  going to share that information with the general public or someone that just acts like they
[01:25:09.820 --> 01:25:14.860]  have an interest the other problem is is if you wish to press charges you can only do
[01:25:14.860 --> 01:25:22.380]  that by identifying yourself because you can't press charges anonymously the accused still
[01:25:22.380 --> 01:25:29.620]  has the right to face their accuser in court okay so even if you wanted to press charges
[01:25:29.620 --> 01:25:35.940]  they still would have needed your information for the complaint that's the first problem
[01:25:35.940 --> 01:25:40.060]  to pull up my wall and identify myself and he said that right well but wait wait wait
[01:25:40.060 --> 01:25:45.220]  I'm addressing these as you brought them up okay so right now I'm dealing with the information
[01:25:45.220 --> 01:25:51.900]  that you didn't give the dispatcher also it's not the dispatcher's job to investigate it's
[01:25:51.900 --> 01:26:00.420]  the dispatcher's job to dispatch someone else to do the investigation hence why they asked
[01:26:00.420 --> 01:26:05.820]  who you were and where they could find you so that the person they send out can come
[01:26:05.820 --> 01:26:13.180]  talk to you and investigate okay when you don't give them information when you initiate
[01:26:13.180 --> 01:26:20.180]  a call for those purposes it makes it look suspiciously to them like it's an abuse of
[01:26:20.180 --> 01:26:30.980]  the 911 call that's the reason for their approach with what you did okay now under normal circumstances
[01:26:30.980 --> 01:26:38.260]  I'm not fore talking to the police unnecessarily but I'm not hostile towards them either unless
[01:26:38.260 --> 01:26:46.900]  I know them and know they deserve it and even then I still try to be a nice guy but you
[01:26:46.900 --> 01:26:54.460]  got to remember that if you give them something to do then they need information to do it
[01:26:54.460 --> 01:26:58.900]  and part of that involves if you're going to make the complaint you've got to give them
[01:26:58.900 --> 01:27:08.020]  the information they need to create the complaint okay okay now as far as how the officer interacted
[01:27:08.020 --> 01:27:14.500]  with you again if he has the impression that you were just making the call to abuse the
[01:27:14.500 --> 01:27:20.260]  911 process he's not going to be a happy camper and he's not going to treat you as civilly
[01:27:20.260 --> 01:27:26.020]  as he might ought to now I'm not saying that's what you did I'm just saying that's a possible
[01:27:26.020 --> 01:27:35.780]  general impression he got I can see that yeah okay so given that he wasn't know if he had
[01:27:35.780 --> 01:27:43.020]  a problem child on his hands so he did investigating he got your license number he told you what
[01:27:43.020 --> 01:27:49.020]  he was doing and he did that in order to make you understand if I find out that you did do
[01:27:49.020 --> 01:27:57.420]  this to abuse this process that we have in place I will be seeing you again and logically
[01:27:57.420 --> 01:28:04.020]  speaking that's his job that's what he should be doing they should be civil they should
[01:28:04.020 --> 01:28:08.540]  treat us with respect but at the same time they're not going to give out any respect
[01:28:08.540 --> 01:28:13.260]  they don't feel they're getting okay but I wasn't hostile towards him at all and I told
[01:28:13.260 --> 01:28:19.620]  him that he said well I understand you weren't hostile towards him but remember he's working
[01:28:19.620 --> 01:28:27.060]  in a different frame of mind than you are okay and also how come when I told him that
[01:28:27.060 --> 01:28:30.740]  okay I'll let's see my ID and I pulled out my wallet and right as soon as I pulled out
[01:28:30.740 --> 01:28:35.180]  my wallet I was about to get my ID he said that I'm refusing to give him any sort of
[01:28:35.180 --> 01:28:40.940]  information I don't have an answer for that I do not have a mental profile of this individual
[01:28:40.940 --> 01:28:45.340]  I was not talking to him I don't know I don't have an answer for that yes sir it just seemed
[01:28:45.340 --> 01:28:50.340]  to me is that he was on some sort of power chip and just well that's entirely possible
[01:28:50.340 --> 01:28:56.020]  it is entirely possible that now he once he's got this attitude in his mind he's going to
[01:28:56.020 --> 01:29:00.880]  show you who's boss I can't say that doesn't apply either it very well could yeah and I
[01:29:00.880 --> 01:29:05.260]  see here and I see it all the time where police officers just they'll beat you up if there's
[01:29:05.260 --> 01:29:09.580]  no cameras around and then all of a sudden their dash cam will have not been recording
[01:29:09.580 --> 01:29:15.140]  at the time they beat you up or the tape will get misplaced again entirely possible which
[01:29:15.140 --> 01:29:21.060]  is why I inform everybody do not attempt to escalate an encounter with an officer on
[01:29:21.060 --> 01:29:30.060]  the street don't do it okay it's also the reason why you have heard us say do not go
[01:29:30.060 --> 01:29:40.460]  out in public at all without a recording device of some kind just don't do it folks hope that
[01:29:40.460 --> 01:29:44.340]  I had one more question just a brief well wait a minute Michael we really need to move
[01:29:44.340 --> 01:29:48.780]  on because we've got a whole board of callers you've got like six more callers on the line
[01:29:48.780 --> 01:29:52.860]  and we only have a half an hour left so why don't you call back in on Thursday or Friday
[01:29:52.860 --> 01:29:59.860]  all right we'll be right back this is the rule of law ran kelton eddie craig debber
[01:29:59.860 --> 01:30:03.420]  stevens top 10 reasons to question the official story of the Oklahoma city bombing number
[01:30:03.420 --> 01:30:08.740]  nine the extra leg former Oklahoma state medical examiner dr. Fred jordan had stated we had
[01:30:08.740 --> 01:30:13.340]  eight people with amputated left legs and nine left legs to account for chief pathologist
[01:30:13.340 --> 01:30:17.860]  for northern ireland tk marshal who performed over twenty five hundred autopsy's in his time
[01:30:17.860 --> 01:30:22.140]  stated there's never been an unknown victim this leg belongs to a perpetrator close enough
[01:30:22.140 --> 01:30:27.220]  to the bomb or his body to be damaged leaving only a left leg behind who was this person
[01:30:27.220 --> 01:30:35.780]  please go to okcbombingtruth.com you must have been a beautiful baby you must have been
[01:30:35.780 --> 01:30:41.340]  a beautiful child these days a lot of parents are showing off their kids on the net under
[01:30:41.340 --> 01:30:46.420]  your calf and albright and I'll be back to tell you why the practice could be dangerous
[01:30:46.420 --> 01:30:51.820]  privacy is under attack when you give up data about yourself you'll never get it back again
[01:30:51.820 --> 01:30:57.220]  and once your privacy is gone you'll find your freedoms will start to vanish too so protect
[01:30:57.220 --> 01:31:02.940]  your rights say no to surveillance and keep your information to yourself privacy it's
[01:31:02.940 --> 01:31:08.060]  worth hanging on to this public service announcement is brought to you by start page dot com the
[01:31:08.060 --> 01:31:15.460]  private search engine alternative to google yahoo and bing start over with start page
[01:31:15.460 --> 01:31:20.540]  the internet can be a scary place but concerns about predators haven't stopped parents from
[01:31:20.540 --> 01:31:26.460]  posting their kids pictures online a recent study by online security company avg found
[01:31:26.460 --> 01:31:32.740]  that a shocking 92% of us babies have an online presence by age two a third of american mothers
[01:31:32.740 --> 01:31:38.220]  report posting snapshots of their newborns online and over 5% of us babies have email
[01:31:38.220 --> 01:31:43.660]  addresses or online profiles years before they can even type most of these parents merely
[01:31:43.660 --> 01:31:47.780]  want to share their happiness with friends and family but please give some thought to
[01:31:47.780 --> 01:31:53.500]  how strangers might abuse the information play it safe and keep photos private after
[01:31:53.500 --> 01:32:19.340]  kathryn albrecht more news and information at kathryn albrecht dot com
[01:32:19.340 --> 01:32:24.620]  six four six nine thirty four we do have a full call board right now and i do see that
[01:32:24.620 --> 01:32:30.780]  hondo managed to call back in to us hondo let's get on and see what you got
[01:32:30.780 --> 01:32:48.060]  i got one short question i have a pending case in furath county stevenville two calls
[01:32:48.060 --> 01:32:54.420]  members driving while i send in ballot and speaking went to file some motions and they
[01:32:54.420 --> 01:33:01.500]  were denied and i filed multiple motions went for several motions hearings and just didn't
[01:33:01.500 --> 01:33:07.940]  get anywhere anyway this whole was back in november and fine i just left it on and finally
[01:33:07.940 --> 01:33:17.660]  they sent me a certified letter in the mail that informed me of my child by jury well
[01:33:17.660 --> 01:33:24.740]  i got the letter today i'm not home very often so i only get my mail over two or three weeks
[01:33:24.740 --> 01:33:32.420]  anyway the certified letter i picked it up today and my trial is in the morning so what
[01:33:32.420 --> 01:33:39.020]  i know if i don't show up you know they'll issue a capious etc if i do show up and you
[01:33:39.020 --> 01:33:42.220]  know try to argue i hadn't had time to prepare they don't care they're going to go on with
[01:33:42.220 --> 01:33:52.620]  it anyway what can i know i have is it right that i have 10 days i'm entitled to 10 days
[01:33:52.620 --> 01:33:59.460]  notice for any proceeding yeah but the 10 days is going to be provided by the postmark
[01:33:59.460 --> 01:34:05.220]  on the envelope now you can try to make the argument that you didn't receive it until
[01:34:05.220 --> 01:34:10.220]  it was actually signed for but they can make the counter argument that you simply avoided
[01:34:10.220 --> 01:34:15.340]  signing for it up until the day before trial in order to make this continuance occur yeah
[01:34:15.340 --> 01:34:23.220]  i know that's what they're going to do because it's happened to me before so the best thing
[01:34:23.220 --> 01:34:29.500]  to do is the very best i can and go and want to know correct and just make sure that you've
[01:34:29.500 --> 01:34:35.180]  done everything necessary to make the proper written record at the court level is this
[01:34:35.180 --> 01:34:39.780]  a court of record or non record i have no idea i don't think it's a court of record
[01:34:39.780 --> 01:34:44.540]  all the motion james i went in for it was just me and the prosecutor and the judge and
[01:34:44.540 --> 01:34:52.700]  nobody else and okay but yeah i mean i i can't go it's i mean it's about a six hour drive
[01:34:52.700 --> 01:34:58.220]  up there and i i'm not going to make it but uh anyway but it's not the only one that's
[01:34:58.220 --> 01:35:04.820]  that's been that way for me what can i what do you suggest or what would you do i guess
[01:35:04.820 --> 01:35:10.780]  you think i would still notify the court i would make a call first thing in the morning
[01:35:10.780 --> 01:35:16.660]  and notify them that hey i just got this yesterday and then i would make sure and send in a written
[01:35:16.660 --> 01:35:22.860]  notice certified mail a testing to that uh in an affidavit form and make sure that the
[01:35:22.860 --> 01:35:30.060]  record shows that my failure to appear at this trial was not intentional uh and simply
[01:35:30.060 --> 01:35:34.940]  you know relate the fact that you're out of town often on business or whatever it is you're
[01:35:34.940 --> 01:35:41.660]  doing and so your mail is you know you only get it periodically and in this particular
[01:35:41.660 --> 01:35:46.620]  case you didn't get it until the day before now how much weight that would carry in the
[01:35:46.620 --> 01:35:51.460]  long run i really can't tell you but at least i didn't make a attempt and didn't just flat
[01:35:51.460 --> 01:35:59.500]  out correct and they won't be quite as mad at me brother right well the the thing is is
[01:35:59.500 --> 01:36:06.940]  notice is always important okay yes so that's always a just visible issue above and beyond
[01:36:06.940 --> 01:36:17.460]  the merits okay all right talking about also the uh y'all are talking about paying double
[01:36:17.460 --> 01:36:27.300]  for your fuel bond um i was in grand bary i was arrested because of failure to appear
[01:36:27.300 --> 01:36:32.580]  which was bogus i'd appeared twice they just i didn't enter a plea that was the deal so
[01:36:32.580 --> 01:36:37.620]  they arrested me for failure to appear and uh trying to get sue in the magistrate in
[01:36:37.620 --> 01:36:43.420]  the court cork over that right right right we're i'm working on that anyway i'm just
[01:36:43.420 --> 01:36:48.020]  getting that uh spent the night in jail so i'll judge next morning he asked for a plea
[01:36:48.020 --> 01:36:53.780]  i pled not guilty and uh he only reason i entered a plea at that point is because he threatened
[01:36:53.780 --> 01:36:57.900]  to throw me back in jail for another day if i didn't and i was ready to get out anyway
[01:36:57.900 --> 01:37:03.300]  pled not guilty and i had to pay twice the amount of fine to get out and i don't know
[01:37:03.300 --> 01:37:08.980]  if that's kind of the same deal and well that's that's a bond that's not your appeal bond
[01:37:08.980 --> 01:37:16.100]  that's a that's a release bond i see yeah that is different okay all right well i'll
[01:37:16.100 --> 01:37:20.580]  be listening in on this appeal thing because i have one i tried to appeal and i didn't
[01:37:20.580 --> 01:37:25.380]  get it done they just uh i didn't know what i was doing and didn't get it appealed so
[01:37:25.380 --> 01:37:30.420]  uh whenever we get all the appeal i'll be listening in and and i'm looking forward to
[01:37:30.420 --> 01:37:38.420]  getting that figured out okay honda thanks for calling in bye bye okay uh we appear to
[01:37:38.420 --> 01:37:43.620]  have a couple of first time callers we're going to go to them first lindsay and william lindsay
[01:37:43.620 --> 01:37:49.300]  what do you got for us well i have a a tax question and i'm not sure how much you know
[01:37:49.300 --> 01:37:56.100]  about um what kind of tax uh sales tax i owned a business for six years i had went down to i i
[01:37:56.100 --> 01:38:01.700]  got a sales tax permit and i was told by my accountant that my business didn't apply to
[01:38:01.700 --> 01:38:07.540]  sales tax i went down the comptroller's office the woman told me that my business did not apply
[01:38:07.540 --> 01:38:14.020]  and she closed my sales tax ID six years later they came back and audited me and said that i owed
[01:38:14.020 --> 01:38:23.540]  six years worth of sales tax i wanted a redetermination for it and um they they when i first went in
[01:38:23.540 --> 01:38:31.860]  they couldn't find anything on where they closed my sales tax a couple months went by i went down
[01:38:31.860 --> 01:38:38.100]  to the open records to get the paperwork aware that who closed my sales tax and for what reason
[01:38:38.100 --> 01:38:44.740]  then you know to prove it to the court they told me oh we have it it says that it was closed because
[01:38:44.740 --> 01:38:49.700]  your business did not apply she said you would email it to me i never got it i went back there
[01:38:49.700 --> 01:38:55.620]  and she said oh i read it wrong it actually said that it did apply and you said you wanted to close
[01:38:55.620 --> 01:39:00.420]  it anyway because you were closing your business i didn't close my business i paid my taxes on my
[01:39:00.420 --> 01:39:06.580]  business every year and now when i went back all of a sudden they find all this information
[01:39:06.580 --> 01:39:11.140]  that says something totally different than what had really happened and what they had told me
[01:39:11.140 --> 01:39:18.340]  originally welcome to the crooked world of the state comptroller's office i'm extremely familiar
[01:39:18.340 --> 01:39:24.580]  with sales tax i have had that battle with them myself i've studied the sales tax statutes in
[01:39:24.580 --> 01:39:30.740]  depth in fact it was my dissertation of the sales tax that actually got me on this show wow
[01:39:30.740 --> 01:39:38.020]  uh they they told me that that i could do a redetermination i've been told about a million
[01:39:38.020 --> 01:39:44.420]  different things well what kind of business do you have lindsey have you i'm sorry it was an escort
[01:39:44.420 --> 01:39:50.980]  service and i have another question have you actually gotten any documentation from them have
[01:39:50.980 --> 01:39:58.660]  you through open whack records or just going to the office or writing them have you requested
[01:39:58.660 --> 01:40:04.740]  or received your the file that they have on your business because from what i'm hearing you're just
[01:40:04.740 --> 01:40:08.900]  you're saying that they've told you this and they've told you that and they keep changing the story
[01:40:08.900 --> 01:40:14.900]  yes well the documentation came about three weeks after i had originally went down there
[01:40:14.900 --> 01:40:19.860]  i went down there they said they were going to email um the documentation to me because it was
[01:40:19.860 --> 01:40:25.460]  in the archive and that it was coded so when i went back down there after they hadn't done it
[01:40:25.460 --> 01:40:32.500]  the woman said oh actually i was wrong what it actually said was that you were told you and
[01:40:32.500 --> 01:40:38.100]  your accountant were told that the business that sales tax did apply and you decided to close it
[01:40:38.100 --> 01:40:43.460]  and said you come back in the next week to open it which makes actually no sense and that's not
[01:40:43.460 --> 01:40:49.780]  what happened at the but you don't have that in writing i i have um it's actually not in writing
[01:40:49.780 --> 01:40:56.100]  it's typed up the woman told me it was in code but when i got it it wasn't in code i don't know
[01:40:56.100 --> 01:41:00.180]  what she's talking about in code she said oh i read it wrong because it was in code
[01:41:01.940 --> 01:41:06.980]  but i was told my business did not it did not apply to my business and the woman actually
[01:41:06.980 --> 01:41:12.180]  closed my sales tax ID and i'm not the only business owner of that type of business that was
[01:41:12.180 --> 01:41:18.420]  told the same thing that it did not apply and then they come back years later and now i owe
[01:41:18.420 --> 01:41:24.580]  penalties and interest and they told me even if i prove that i was given the wrong information
[01:41:24.580 --> 01:41:31.140]  i would still be liable for do you have anything in writing by some public servant at the comptroller's
[01:41:31.140 --> 01:41:41.140]  office that says that they closed your sales tax account because sales tax does not apply to your
[01:41:41.140 --> 01:41:46.340]  business do you have that in writing no i do not they told me they were going to give it to me
[01:41:46.340 --> 01:41:50.660]  and then when i when they didn't email it and i went back down then the story changed
[01:41:51.460 --> 01:41:57.700]  and i have it in writing that says that it that it did apply and that i wanted to close it anyway
[01:41:58.340 --> 01:42:03.860]  which was a total lie okay rule one you don't ever leave a government office without something
[01:42:03.860 --> 01:42:08.420]  in writing to your benefit they wouldn't give me anything the first time i went down there
[01:42:08.420 --> 01:42:14.340]  they couldn't find any records being closed rule two do not go into government office
[01:42:14.340 --> 01:42:19.540]  and fail to record the conversation you're having in case they won't give you anything in writing
[01:42:19.540 --> 01:42:26.340]  yeah kind of like 20 20 i didn't you know i've been naive thinking they're not as tough as they are
[01:42:26.340 --> 01:42:31.540]  here's the issue escort services falls under the definition of personal services
[01:42:32.500 --> 01:42:43.140]  personal services according to section 151.0101 are taxable however what you need to understand is
[01:42:43.140 --> 01:42:50.500]  are you incorporated yes we incorporated in 2006 then you have a problem
[01:42:52.580 --> 01:43:01.460]  okay the moment you incorporated you took any ability to not be liable right and threw it right
[01:43:01.460 --> 01:43:14.660]  out the window okay now the first problem is is your accountant misadvised you second problem is
[01:43:15.780 --> 01:43:20.260]  you didn't follow through with the government agency itself and make them provide you with
[01:43:20.260 --> 01:43:26.340]  the information or the statute in question even if they wouldn't give you anything in writing
[01:43:26.340 --> 01:43:33.300]  demand that they tell you what statute they're using to tell you whatever they tell you okay if
[01:43:33.300 --> 01:43:39.780]  you fail to do that you're trusting in their word don't ever do that because they're clueless
[01:43:40.980 --> 01:43:45.220]  okay hang on just a second lindsay we're going to go to break we'll try to finish this up on the
[01:43:45.220 --> 01:43:51.940]  other side all right folks this is rule of all radio 512 646 1984 is a calling number we are
[01:43:51.940 --> 01:43:56.900]  going into our last segment so we'll try to get to the rest of the callers on the board and we'll be
[01:43:56.900 --> 01:44:02.020]  right back on the other side of the break hey did you hear ron paul's announced he's running for
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[01:46:19.460 --> 01:46:22.100]  all right folks we are back this is rule of law radio
[01:46:22.100 --> 01:46:28.180]  okay we are trying to finish up with this full collar board we got here wish us lots of luck
[01:46:28.180 --> 01:46:32.500]  folks we will try to get to you so please hang in there right now we're going to finish up with
[01:46:32.500 --> 01:46:39.140]  lindsay all right lindsay the issues you've got here with the sales taxes one you're incorporated
[01:46:39.780 --> 01:46:45.860]  two escort services falls under the legal definition of personal services it is listed in
[01:46:45.860 --> 01:46:57.860]  the tax code in 151.0101 as a taxable service i believe i had changed in 2003 changed what
[01:46:59.060 --> 01:47:04.100]  where they've made it a taxable service as far as what i saw on the comptroller site
[01:47:04.100 --> 01:47:15.540]  uh well let's see the last update to this particular section under 0101 was 2001
[01:47:16.500 --> 01:47:23.860]  now in which case that definition and the section that actually lists escort services
[01:47:23.860 --> 01:47:36.100]  which is 151.0045 was added in 1984 so it's been there for a while as far as what it is or isn't
[01:47:37.940 --> 01:47:44.180]  okay so given that you're not going to be able to go back six years and say it didn't apply
[01:47:44.180 --> 01:47:49.140]  because the statutes show that it does and if you've been incorporated that whole time it almost
[01:47:49.140 --> 01:47:57.060]  assuredly is going to well we incorporated we started in 2004 and incorporated at the end of 2006
[01:47:57.620 --> 01:48:04.020]  but they're not actually i had a redetermination hearing i was supposed to see a judge they sent
[01:48:04.020 --> 01:48:08.900]  me a thing saying that they weren't going to give me a redetermination because i didn't send in
[01:48:08.900 --> 01:48:15.940]  enough evidence so and i sent in everything they asked me to send in and then they claim that they
[01:48:15.940 --> 01:48:20.820]  gave me a court date and i didn't show up i never received anything for a court date they said i
[01:48:20.820 --> 01:48:26.020]  didn't sign it and the comptroller didn't sign it so they just dismissed the whole thing now they've
[01:48:26.020 --> 01:48:35.220]  put um leans on my account um they want like $76,000 before they'll even do anything right
[01:48:35.220 --> 01:48:42.420]  and this is exactly what the comptroller's office does they extort they steal they harass
[01:48:42.420 --> 01:48:48.500]  us they really are an organized crime racket these guys so much they're not try to do something
[01:48:48.500 --> 01:48:54.020]  about it this is not like the irs no i mean they're they're worse than the irs they think they are
[01:48:54.020 --> 01:48:59.380]  went down there they couldn't find anything they couldn't find because i wanted i told them i said
[01:48:59.380 --> 01:49:05.620]  i want paperwork of the day i went down and i was told by the comptroller i had a sales tax ID
[01:49:05.620 --> 01:49:12.100]  okay here's the thing didn't apply they will make up whatever they can't find okay they'll make it up
[01:49:12.100 --> 01:49:18.900]  out of thin air i've watched them do it personally they'll make it up there's no way that's what i
[01:49:18.900 --> 01:49:24.420]  was thinking like there's no way to prove they made this up there's no way only if you can get a
[01:49:24.420 --> 01:49:30.420]  forensic computer analyst to go in and see when the records in the computer were updated no but even
[01:49:30.420 --> 01:49:37.300]  if i if i can prove that they were at fault and they gave me wrong information am i still liable
[01:49:37.300 --> 01:49:42.500]  for the money it depends on who gave you the information to begin with if it was somebody
[01:49:42.500 --> 01:49:48.500]  with the authority to make that determination then you have the right according to the supreme court
[01:49:49.060 --> 01:49:55.620]  to rely on the advice of that governmental agency well yeah well she was a comptroller she was at
[01:49:55.620 --> 01:50:00.660]  the comptroller's office when they wait wait wait wait wait there are all level of individuals at
[01:50:00.660 --> 01:50:07.140]  the comptroller's office uh-huh okay only some of them can make those types of determinations and
[01:50:07.140 --> 01:50:14.900]  have it stick the rest of them are peons do what is it the ones that can close your sales tax idea
[01:50:14.900 --> 01:50:22.180]  though it says she again it depends the level of authority to determine what is and isn't
[01:50:22.180 --> 01:50:30.740]  rest with the field in uh enforcement officers so without knowing who you specifically talk to
[01:50:30.740 --> 01:50:39.060]  and what their job is i can't answer that okay okay a clerk can make a data entry that would
[01:50:39.060 --> 01:50:45.940]  close an account okay but a field officer is the one who determines whether or not a tax is due and
[01:50:45.940 --> 01:50:54.980]  owed they're different people and in some offices they're the same people it just depends well a
[01:50:54.980 --> 01:51:00.820]  lot of my paperwork and looking back to even when i opened my sales tax id um they have a
[01:51:00.820 --> 01:51:07.060]  driver's license number that is not mine it just none of it makes any sense any of the paperwork
[01:51:07.060 --> 01:51:15.460]  they gave me when they did the audit they sent me my paperwork asking for information on 2005
[01:51:15.460 --> 01:51:21.940]  and 2006 didn't give me a chance to send in anything because that came with my final audit
[01:51:22.580 --> 01:51:28.420]  it came with it so what they did was just went ahead and um made a guesstimate what they thought i
[01:51:28.420 --> 01:51:34.260]  would have made in 2005 yes and that's all they ever do they never substantiate their claims of
[01:51:34.260 --> 01:51:41.860]  the amounts ever they never ever will they will cook them up out of thin air the only way you
[01:51:41.860 --> 01:51:47.700]  stand any chance at all of going after these people is to sue the living crap out of them
[01:51:47.700 --> 01:51:55.060]  for seizing your bank account without judicial authority okay yeah because i never saw a judge
[01:51:55.060 --> 01:51:59.620]  i've been asking from the beginning i would like this to go before a judge and they've never given
[01:51:59.620 --> 01:52:05.940]  me that opportunity adi do you know when it comes to these kinds of issues before the comptroller's
[01:52:05.940 --> 01:52:11.940]  office is there an administrative process is there like an administrative all administrative
[01:52:11.940 --> 01:52:17.300]  every bit of it's administrative have you lindy have you gone into an administrative hearing
[01:52:17.860 --> 01:52:24.660]  not at all not at all adi do you know if under the statute is there an administrative hearing
[01:52:24.660 --> 01:52:30.660]  absolutely that can be required to do all of that do you have to request it back and ask them i said
[01:52:30.660 --> 01:52:35.540]  i never got administrative hearing they said well we sent you paperwork for one yeah well they lie
[01:52:35.540 --> 01:52:40.740]  through their teeth they never ever set those administrative hearings they lie through their
[01:52:40.740 --> 01:52:45.380]  feet they told me i could not do it again because it was over and done with them they were done with
[01:52:45.380 --> 01:52:52.740]  the case lindy like i said you have to sue them lindy and first and first i said if i were you
[01:52:52.740 --> 01:52:58.740]  i would file an open records request a formal open records request under the open records
[01:52:58.740 --> 01:53:06.580]  statute of the state of texas to demand all paperwork all records that they have on you
[01:53:06.580 --> 01:53:14.180]  and anything related to this uh tax account okay everything okay lindy you need to put some time
[01:53:14.180 --> 01:53:21.860]  and effort into studying chapter 151 of the tax code if you will send me a contact email i will
[01:53:21.860 --> 01:53:28.180]  send you my sales tax dissertation that will tell you all about what i went through the sales tax
[01:53:28.180 --> 01:53:35.540]  code to find okay all right it's not going to imply apply to you in its entirety because you're
[01:53:35.540 --> 01:53:44.980]  incorporated that's always a mistake always but now that you're there you have to deal with it so
[01:53:44.980 --> 01:53:51.460]  there's some things you need to know now it's been a little over two years probably since i wrote
[01:53:51.460 --> 01:53:57.860]  this there is enough a chance that the statutes have changed this past session but you need to
[01:53:57.860 --> 01:54:05.300]  take what i send to you and read that and then go compare it to what's in there now okay okay but
[01:54:05.300 --> 01:54:12.980]  send me an email eddie eddie at ruleoflawradio.com and i will send you the the white paper i wrote
[01:54:12.980 --> 01:54:19.620]  on the sales tax and how would i go that would you would you send in that how i would go about
[01:54:19.620 --> 01:54:25.940]  suing them for keeping my account you sue them like you would sue anybody else it's a legal
[01:54:25.940 --> 01:54:32.180]  tort because of violation of your rights they took property without adjudication meaning your bank
[01:54:32.180 --> 01:54:39.300]  account and your money mm-hmm there was no legal assessment made against you no one signed the
[01:54:39.300 --> 01:54:45.700]  assessment document under penalty of perjury did they no too damn bad for that individual again
[01:54:46.500 --> 01:54:51.380]  okay yeah there's been no legal assessment of taxes owed
[01:54:51.380 --> 01:54:57.860]  and lindsay this is what i'm saying about filing the open records request you have to get
[01:54:57.860 --> 01:55:04.500]  everything that they have on file all documentation especially concerning this administrative
[01:55:04.500 --> 01:55:11.460]  process because it is a standard principle in the court system that you have to show
[01:55:11.460 --> 01:55:19.140]  that you have exhausted all administrative remedies before you take it into the judicial system
[01:55:19.140 --> 01:55:24.420]  or the case will be the or the case will be dismissed and where do i file the open records
[01:55:24.420 --> 01:55:36.100]  request with the comptroller's office okay okay okay okay well thank you very much you're welcome
[01:55:37.300 --> 01:55:43.220]  okay now we're going to try to go to william william you got about three minutes what can we do for
[01:55:43.220 --> 01:55:50.420]  you okay well let me see if i can run run through this real quick i went to court uh last monday
[01:55:50.420 --> 01:55:57.860]  on a cps case i walked in the door i unloaded all my stuff for the electronic scanner left my
[01:55:57.860 --> 01:56:02.740]  forgot that i had my knife left all my stuff there i said let me take it with me and they said no
[01:56:02.740 --> 01:56:08.980]  that's fine go ahead and just leave it here i ran my knife out to the van came back i had an officer
[01:56:08.980 --> 01:56:15.140]  give me a hard time because i had a digital recorder on well i was like well i just i
[01:56:15.140 --> 01:56:19.860]  have that on me because i'm about to talk to my attorney well you can't have this in court so she
[01:56:19.860 --> 01:56:27.700]  got the bailiff and he showed me the sign inside the court in order to um where i couldn't have it
[01:56:27.700 --> 01:56:33.700]  on but you also had a cell phone but they didn't force me to take you know to turn that off so the
[01:56:33.700 --> 01:56:42.420]  officer ex escorted me back out to the van and forced me to leave leave the recorder in there
[01:56:42.420 --> 01:56:48.660]  well i went back inside the and i talked to my attorney and he said a few things that i
[01:56:48.660 --> 01:56:56.340]  really needed the recorder on went into went into the courtroom you know challenge challenged my
[01:56:56.340 --> 01:57:03.780]  attorney because he was withdrawing because of a conflict of interest um i challenged the judge on uh
[01:57:03.780 --> 01:57:10.180]  you know uh on impartiality and then they went ahead and moved for uh the distance you know
[01:57:10.180 --> 01:57:15.140]  the attorneys withdraw i asked for a copy of the court record they told me it was not going to be
[01:57:15.140 --> 01:57:19.860]  ninety five dollars i said okay can you hold on to it or can i come back and get a letter
[01:57:19.860 --> 01:57:25.460]  yes that's fine just come see me around the court uh quarter as soon as i got ready to leave that
[01:57:25.460 --> 01:57:33.060]  same officer that escorted me out to the van called me out into the hallway says sir i ran your
[01:57:33.060 --> 01:57:39.620]  license and i see it it's expired i'm like well that and uh so what does that mean we cannot allow
[01:57:39.620 --> 01:57:46.980]  you to leave um i'm sorry uh why is that well you have an expired driver's license so we're not
[01:57:46.980 --> 01:57:52.740]  allowing you to leave the courthouse like well i'm not using it commercially i was required to be
[01:57:52.740 --> 01:57:59.300]  here today you told me i can't leave no sir um well what if i leave we'll have you arrested
[01:58:00.020 --> 01:58:06.420]  i was like oh man so um what what had happened uh after that i just wait mitch hold on hold on
[01:58:06.420 --> 01:58:11.300]  william we're at the end of the show okay we have we have less than a minute left eddie can you please
[01:58:11.300 --> 01:58:17.780]  comment yeah okay uh well first off you can't do that you can't do that at all the william you
[01:58:17.780 --> 01:58:22.100]  really need to call back in as early as possible on thursday and let us pick this story back up
[01:58:22.100 --> 01:58:27.140]  and address it directly then okay the rest of the callers out there on the board i am so sorry
[01:58:27.140 --> 01:58:31.780]  we weren't able to get to you tonight but thank you so much for calling in this has been ruled of
[01:58:31.780 --> 01:58:37.700]  law radio this is eddie craig never stevens randy kelton thank you all so much for listening and
[01:58:37.700 --> 01:58:54.180]  participating in the show and take care and god bless
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