ROL_2014-08-22_16k_Hr1-2.timecode

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[02:53.280 --> 03:16.080]  the Liberty Beat for Friday, August 22nd, 2014. Check out the website at thelibertybeat.com.
[03:53.280 --> 04:00.120]  Welcome to the Rule of Law Radio, folks. It's nice to have you here on this four-hour Friday
[04:00.120 --> 04:09.280]  night marathon, this 22nd day of August, 2014. I am one of your hosts, Steve Skidmore, and
[04:09.280 --> 04:16.280]  with us tonight is Randy Kelton. And Randy and I had a brief telephone conversation before
[04:16.280 --> 04:21.480]  the show started. I said, you know, this would make good radio. And he said, yeah, let's
[04:21.480 --> 04:29.880]  do this. I said, okay. So, as you listeners know, Randy preaches due process over and
[04:29.880 --> 04:36.580]  over and over. Now, it's one thing to preach to you, the people. It's something else to
[04:36.580 --> 04:41.520]  go down there and preach it to the powers that be, and that's what Randy's been doing.
[04:41.520 --> 04:46.960]  Randy's been preaching this due process thing to the powers that be, and he's got a few
[04:46.960 --> 04:51.400]  of them on the hook here. He's starting to get some traction. He's starting to get the
[04:51.400 --> 05:01.480]  ears of some of our political, well, DAs, sheriff's departments, police departments,
[05:01.480 --> 05:07.480]  chief of police. They're starting to take him serious. Randy, I understand you've been
[05:07.480 --> 05:11.160]  a, well, I would say you've been up to no good, but you've been up to all the good.
[05:11.160 --> 05:19.840]  Well, I hope it's good. I have for a long time, the prosecutors here in Wise County
[05:19.840 --> 05:28.480]  have struggled to keep a civil and positive relationship with them. And I've tried not
[05:28.480 --> 05:37.360]  to start any fights here in Wise County if I could avoid it. But one, an issue got kind
[05:37.360 --> 05:46.920]  of got kicked up under my feet. But when I started dealing with it, I was first off surprised
[05:46.920 --> 05:56.200]  at the conduct of the sheriff's department. All of these, every one of the deputies that
[05:56.200 --> 06:07.160]  I dealt with was remarkably professional and courteous, and they were kind of officers
[06:07.160 --> 06:15.120]  I would want to be dealing with. And it turned out that, you know, I ran against the sheriff
[06:15.120 --> 06:20.600]  12 years ago. When he ran for office, I ran out of funds. I wouldn't want anyway, but
[06:20.600 --> 06:27.120]  my only purpose, and I talked to him about it, was to get the police, whenever they arrest
[06:27.120 --> 06:33.120]  someone, to take them directly to the nearest magistrate. And it turns out they're doing
[06:33.120 --> 06:42.240]  that. Prior to the election of David Walker, our current sheriff, and if I remember right,
[06:42.240 --> 06:51.000]  he was 27 when he got in. Very sharp guy. When I dropped out of the race, I voted for
[06:51.000 --> 06:58.760]  him. Since he's been sheriff, I'm sorry, prior to his getting in as sheriff, I had
[06:58.760 --> 07:04.560]  at least 50 people come to me complaining about sheriff's deputies. This was when
[07:04.560 --> 07:11.280]  the ex-Texas Ranger Phil Ryan was sheriff, and had four deputies come to me and ask me
[07:11.280 --> 07:14.840]  if there's something I could do to help them get rid of an officer that was making
[07:14.840 --> 07:24.240]  them all look bad. Since David Walker has gotten into office, I have not heard one single
[07:24.240 --> 07:31.320]  complaint against the sheriff's department. And my experience with the sheriff's deputies
[07:31.320 --> 07:37.640]  tells me why. I tried twice to file criminal complaints with sheriff's deputies, and
[07:37.640 --> 07:44.480]  both times they wouldn't take my complaint. The second time was the best one. He refused
[07:44.480 --> 07:50.000]  to take the complaint because he said the felony I was complaining of wasn't perpetrated
[07:50.000 --> 08:00.240]  against me. And by the time I got done with that deputy, he was so furious, he was literally
[08:00.240 --> 08:07.420]  physically shaking. And when I dismissed him like an errant stepchild, I know he wanted
[08:07.420 --> 08:11.880]  to pull his pistol and beat me over the head with it. He didn't want to shoot me because
[08:11.880 --> 08:23.560]  that would stop the pain too quick. He was absolutely furious, but he never said one
[08:23.560 --> 08:33.760]  word out of line. He never once lost his professional decorum. If I need an officer with a pistol,
[08:33.760 --> 08:41.200]  send me Officer Kerr. Officer Kerr is not gonna lose his coup, not acting like this
[08:41.200 --> 08:50.520]  guy did in, was it Fremont, Missouri, pointing his automatic weapon at these peaceful demonstrators,
[08:50.520 --> 08:57.720]  threatening them to the point that other policemen had to come and take control of him.
[08:57.720 --> 09:02.100]  That's the guy I don't ever want to see with a pistol on his head. I want to see deputies
[09:02.100 --> 09:08.080]  like the ones that I've been running into here in Wise County. And I know it may be
[09:08.080 --> 09:17.840]  somewhat presumptuous to think that this is the way it is simply because they're taking
[09:17.840 --> 09:27.360]  people to a magistrate. I realized that as good a sheriff as David Walker has been, that
[09:27.360 --> 09:37.000]  it's a lot more than just that, but that is certainly a factor.
[09:37.000 --> 09:45.000]  Officer Kerr really wanted to beat me into unconsciousness, but he had to consider if
[09:45.000 --> 09:50.840]  he did something like that, he would have to take me to a magistrate immediately and
[09:50.840 --> 10:00.340]  explain himself. And he didn't want to do that. So even if that wasn't the whole reason,
[10:00.340 --> 10:10.400]  it certainly helped him to maintain his professional decorum. And if Mr. Kerr is listening, I don't
[10:10.400 --> 10:16.640]  mean to discount his professionalism in any way. He may have maintained his professional
[10:16.640 --> 10:26.000]  decorum no matter what. But the fact was, he did maintain it. And when he wouldn't
[10:26.000 --> 10:29.800]  take the complaint, I went to a justice of the peace, and he's a relatively new one.
[10:29.800 --> 10:39.840]  His wife had an issue with diabetes and got in an accident and passed away. And he took
[10:39.840 --> 10:47.200]  over her position as justice of the peace. I brought a set of complaints against the
[10:47.200 --> 10:55.800]  deputy, not Kerr because I didn't have time to make one up for him, but the first deputy
[10:55.800 --> 11:01.680]  I talked to, who wouldn't take the complaint because I wouldn't tell him whether or not
[11:01.680 --> 11:09.380]  I wanted them to prosecute. And I said, it's not my business. It doesn't make any difference
[11:09.380 --> 11:17.440]  what I want or what I don't want. Your duty is your duty. So he wouldn't take it. So
[11:17.440 --> 11:23.880]  it was a nice technical thing. I like to file complaints on really technical issues. So
[11:23.880 --> 11:30.640]  I went to the JP and filed a complaint with the JP, and the JP refused to hear it. Told
[11:30.640 --> 11:37.360]  me that I had to follow the proper procedure and was a little more arrogant than I would
[11:37.360 --> 11:43.000]  have preferred, but it turned out he's an ex-police officer. So that kind of explained
[11:43.000 --> 11:49.560]  his arrogance. I told him that when he said I had to follow the proper procedure, I told
[11:49.560 --> 11:55.520]  him, well, Bubba, I read the code and you are the proper procedure. Well, he refused
[11:55.520 --> 12:04.040]  to take the complaint. So I prepared a complaint and took it to another justice of the peace.
[12:04.040 --> 12:08.040]  And she held it a week or two and didn't do anything. And I went back and talked to her
[12:08.040 --> 12:16.800]  and had a really good conversation with her. And frankly, was very pleased with her candor.
[12:16.800 --> 12:23.900]  And she had talked to both the prosecutors, the county and the district. And when I talked
[12:23.900 --> 12:30.800]  to her the second time, I told her that I really don't care what the prosecutor may
[12:30.800 --> 12:37.800]  or may not have told you. I care what the law commands. And she said, well, you know,
[12:37.800 --> 12:41.320]  this is the way they've been doing it. And I said, well, I don't care how they've been
[12:41.320 --> 12:47.160]  doing it. I only care what the law commands. And I told her what my plan was that I really
[12:47.160 --> 12:52.400]  didn't expect her to act on this.
[12:52.400 --> 12:56.040]  You can do something wrong 10 million times never makes it right.
[12:56.040 --> 12:57.040]  Exactly.
[12:57.040 --> 13:00.560]  It just means that you've been doing it wrong 10 million times.
[13:00.560 --> 13:10.160]  All v. State, a practice may take on the appearance of regularity or the appearance of law, but
[13:10.160 --> 13:16.440]  it will never take on the authority of law. Well, it wasn't an argument I wanted to have.
[13:16.440 --> 13:23.160]  But what I did want her to know is that I would not single her out, that I would take
[13:23.160 --> 13:31.640]  this to every justice of the peace in the county and force every justice of the peace
[13:31.640 --> 13:40.900]  to either give it to the grand jury or send it to the clerk of the court or refuse to.
[13:40.900 --> 13:49.600]  That way, I don't point my finger at any one person. That this is clearly not a problem
[13:49.600 --> 13:55.080]  with the J.P. It's a problem with the training. It's a problem with something else.
[13:55.080 --> 14:00.800]  So when I went to all of them, then I'd go to Judge Coode, the county judge, and he
[14:00.800 --> 14:06.120]  would refuse to take it. And then I'd go to Judge Fostell, the district judge who hates
[14:06.120 --> 14:13.440]  me and he would absolutely refuse to take it. Then because Judge Fostell is a state
[14:13.440 --> 14:20.640]  official, now I can take him down to Travis County to a grand jury in Travis County and
[14:20.640 --> 14:26.360]  see what a grand jury of my peers thinks of a district judge who gets all the people under
[14:26.360 --> 14:29.880]  him to refuse to abide by law.
[14:29.880 --> 14:31.440]  Taking him off his home turf.
[14:31.440 --> 14:40.920]  Yes, that was the idea. But then I subsequently talked to her and she had me say the prosecuting
[14:40.920 --> 14:47.400]  attorney wanted to talk to me, the district attorney, so I talked to him. And he had absolutely
[14:47.400 --> 15:03.480]  no problem with the J.P. doing a proper examining trial. And frankly, I had to readjust my thinking
[15:03.480 --> 15:13.920]  somewhat. It had been my consideration and very pointed accusation that the real source
[15:13.920 --> 15:21.240]  of this problem was prosecuting attorneys, because the evidence pointed that way. But
[15:21.240 --> 15:31.080]  after talking to Greg, Greg Lowry, kind of like John Wayne, I come away with a different
[15:31.080 --> 15:38.680]  point of view because clearly Greg didn't care what they did. It didn't make any difference
[15:38.680 --> 15:44.800]  to him. He just handles the cases that come to him.
[15:44.800 --> 15:48.680]  And what office does Greg Larry hold?
[15:48.680 --> 15:49.680]  District attorney.
[15:49.680 --> 15:50.680]  DA?
[15:50.680 --> 15:58.320]  Yeah, and the county attorney said the same thing. He didn't care. That's their business.
[15:58.320 --> 16:04.720]  The justice of the peace, just like the district attorney in Travis County, is an elected official.
[16:04.720 --> 16:11.680]  And they're not about to try to tell those elected officials what they're to do, because
[16:11.680 --> 16:18.880]  they're officials in their own right. And clearly, Greg didn't, this wasn't, he didn't
[16:18.880 --> 16:23.600]  figure he was in his business. This was their place and they're doing what the state trains
[16:23.600 --> 16:31.520]  him to do. And he had no intention to interfere with it. And we talked about this because
[16:31.520 --> 16:40.760]  I gave a complaint to a police officer. And when I craft a complaint, it's dead on. And
[16:40.760 --> 16:47.160]  this one was a criminal trespass complaint. And it met all the elements of criminal trespass.
[16:47.160 --> 16:52.560]  He entered the property, I ordered him to leave. After some confrontation, he did leave.
[16:52.560 --> 16:55.040]  And then subsequently came back.
[16:55.040 --> 17:00.640]  Hang on, Randy, we're going to break, folks. Stay tuned. We'll be right back.
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[19:30.160 --> 19:37.160]  Okay, we are back. Oh, you're going to bring them in? Go ahead, bring it in. Randy's going
[20:00.160 --> 20:06.100]  to choke to death. Welcome back to Rule of Law Radio, folks. We're going to leave the
[20:06.100 --> 20:13.100]  phone lines off for probably a couple of segments because for those of you new listeners, those
[20:15.300 --> 20:22.300]  of you who have just heard a few things, there's nothing more important in law than due process.
[20:23.200 --> 20:28.820]  To bring this into perspective, I heard of a story of a politician whose name I can't
[20:28.820 --> 20:35.820]  remember. He was giving a dissertation to a bunch of graduates of one of our state bars,
[20:35.920 --> 20:46.920]  state's bar. But as part of his speech to these bar graduates, he read a document, very
[20:46.920 --> 20:55.820]  eloquent document, a document that sounded very similar to our Constitution. At the end
[20:55.820 --> 20:59.720]  of it, he said, does anybody know what I read? And a few of them said, yeah, it sounded like
[20:59.720 --> 21:05.840]  the Constitution. Okay, great. Good. Good answer. Do you know which country's Constitution
[21:05.840 --> 21:14.840]  this was? And none of them had a clue. He said, it's the USSR. And everybody gasped
[21:15.000 --> 21:20.480]  Russia has a Constitution. Yes, they have a Constitution. But what is different about
[21:20.480 --> 21:26.960]  the United States compared to Russia is Russia doesn't have something called due process
[21:26.960 --> 21:37.960]  of law. Due process. We were talking over the break that this Perry thing about and
[21:37.960 --> 21:42.700]  Randy is going to get into this here in a little bit, but somebody messed up in due
[21:42.700 --> 21:51.240]  process. Did he break the law? Yes, he broke the law. Is he getting shafted? We don't know,
[21:51.240 --> 21:56.240]  but somebody didn't follow due process. And for more detail, let's go to Randy Kelton.
[21:56.240 --> 22:06.120]  Okay. Let me finish up with the county. It turns out that the prosecuting attorney doesn't
[22:06.120 --> 22:12.820]  mind if they do a proper examining trial. The magistrates, they don't mind if they do
[22:12.820 --> 22:20.720]  a proper examining trial and the police officers certainly don't mind taking someone they arrest
[22:20.720 --> 22:31.720]  directly to a magistrate. This situation indicated, demonstrated what the problem is. A prosecuting
[22:31.720 --> 22:40.960]  attorney has immunity from any civil litigation, civil liability, when he's performing his
[22:40.960 --> 22:46.240]  duty as a prosecutor. Well, the legislature also directed the prosecuting attorneys to
[22:46.240 --> 22:55.000]  give legal advice. The county attorney specifically legal advice to the inferior courts and the
[22:55.000 --> 23:02.960]  police departments. When he gives that legal advice, he doesn't have any immunity. So
[23:02.960 --> 23:10.960]  in this case, I gave a criminal complaint to an officer and there's some question
[23:10.960 --> 23:16.240]  as to whether or not they actually took it to the county attorney. They say they did.
[23:16.240 --> 23:21.680]  County attorney says they didn't. But in any case, the officer did not give the complaint
[23:21.680 --> 23:26.720]  to some magistrate and I brought this up to the district attorney and I said, as far as
[23:26.720 --> 23:35.840]  I know, a police officer does not have prosecutorial discretion. And he agreed. And we talked about
[23:35.840 --> 23:43.200]  this officer. Now, for whatever reason, he didn't give this to the magistrate. I talked
[23:43.200 --> 23:47.800]  to the chief of police and he felt like this would not be prosecuted and it would be a
[23:47.800 --> 23:59.120]  waste of time and taxpayer money to pursue this. And I said, you might be right, but
[23:59.120 --> 24:04.120]  that's not your decision to make. And it's certainly not this officer's decision to
[24:04.120 --> 24:15.040]  make under 2.13. This officer has no duty to protect me, but he does have a duty to
[24:15.040 --> 24:24.400]  enforce law and I rely on the enforcement of law as my protection.
[24:24.400 --> 24:31.040]  When he fails to enforce law and takes it upon himself to make this decision, he becomes
[24:31.040 --> 24:39.480]  liable for his actions. Now, had he simply taken this to the JP and said, well, you know,
[24:39.480 --> 24:47.040]  I've got this complaint, Your Honor, and here's the affidavit. It appears to meet
[24:47.040 --> 24:53.600]  all the requirements, but I don't believe this should be prosecuted. Now, he doesn't
[24:53.600 --> 25:00.640]  have the authority to make that determination with the prosecutor, but the magistrate does.
[25:00.640 --> 25:14.120]  The magistrate is not bound purely to probable cause. The magistrate can say, well, technically
[25:14.120 --> 25:23.000]  this meets the requirements, but I don't believe that prosecuting this particular case
[25:23.000 --> 25:33.160]  without a showing of other circumstances would be in the best interest of justice. The magistrate
[25:33.160 --> 25:39.000]  can do that because they're given a certain amount of discretion. That's why you go
[25:39.000 --> 25:47.860]  to magistrates who are local. It was intended that the magistrates know who the people are,
[25:47.860 --> 25:54.680]  but they be familiar with both parties, so they understand who they're talking to.
[25:54.680 --> 26:00.680]  They understand if they're talking to a desperate criminal or a local member of the
[26:00.680 --> 26:07.520]  community, and they are given a certain amount of discretion. But regardless of what the
[26:07.520 --> 26:11.840]  magistrate does, if the officer takes it to the magistrate and gives it to her like the
[26:11.840 --> 26:19.920]  law commands him to do, then he's cool. He's off the hook. He's subject to no
[26:19.920 --> 26:29.580]  liability of any kind. And I think in the end, that's the thing that seemed to weigh
[26:29.580 --> 26:40.320]  on everybody that now this officer is in line to have problems because he did what everybody
[26:40.320 --> 26:53.720]  told him to do. So what I wanted to do is I wanted to do a presentation on due process.
[26:53.720 --> 27:05.040]  Because when you put all of these pieces together, it is very clear that the code is very well
[27:05.040 --> 27:12.720]  crafted. Our founders have been working on this code for a couple hundred years, and
[27:12.720 --> 27:17.720]  they've got it down extremely well, actually been working on this code since the Magna
[27:17.720 --> 27:27.840]  Carta some 600 years ago, 800 years ago, 1216. And they've been making adjustments and
[27:27.840 --> 27:38.440]  changes and getting it right. And the code is so well done because the system is full
[27:38.440 --> 27:46.120]  of scoundrels. I know that sounds contradictory, but when you've got a scoundrel in office,
[27:46.120 --> 27:53.540]  he knows he's a scoundrel. And his problem is he knows he's not the only scoundrel.
[27:53.540 --> 28:03.560]  So he acts to get laws put in place that he can use to protect himself from these other
[28:03.560 --> 28:12.500]  scoundrels. And the fortunate part about that is, is we get to use those laws as well. So
[28:12.500 --> 28:17.280]  over the last few hundred years, they've done a very good job of stitching all these
[28:17.280 --> 28:24.960]  pieces together. When you take one piece out, then you start having problems all over the
[28:24.960 --> 28:30.760]  place. And you start having to put patches on things, and you're patching things that
[28:30.760 --> 28:38.200]  have already been fixed. If you had just followed the statutory procedure in the beginning,
[28:38.200 --> 28:46.180]  you wouldn't be patching on the backside. So we're going to go to break here in about
[28:46.180 --> 28:51.920]  a minute. When we come back, I'm going to start with due process. We're going to start
[28:51.920 --> 29:00.120]  at chapter two of the Code of Kernel Procedure and kind of walk down the code and stitch
[29:00.120 --> 29:10.280]  together how all of these pieces fit in place to make a very well-structured corpus juris.
[29:10.280 --> 29:16.660]  And I'm hoping we're going to try to develop this as an archive. I want to pull this one
[29:16.660 --> 29:23.280]  out and we'll try to master it to give us one archive on due process. And I hope everybody
[29:23.280 --> 29:29.160]  finds it informative. But if you listen close, you'll find things in there you didn't
[29:29.160 --> 29:35.020]  expect. And you'll find checks to balance the abuse of power that you didn't expect
[29:35.020 --> 29:41.280]  to find. It's not so much to prevent people from abusing power, but to prevent people
[29:41.280 --> 29:49.080]  from making mistakes that aren't the results of which aren't readily apparent. Hang on.
[29:49.080 --> 29:59.040]  This is Randy Kelton, Steve Skidmore with Radio. We'll be right back.
[29:59.040 --> 30:09.520]  Are you a knuckle cracker? For some, it's a nervous habit. For others, it brings a sensation
[30:09.520 --> 30:13.880]  of relief. But is it harming your joints? I'm Dr. Catherine Albrecht and I'll have
[30:13.880 --> 30:18.120]  the answer to that white knuckle question in a moment.
[30:18.120 --> 30:22.380]  Privacy is under attack. When you give up data about yourself, you'll never get it
[30:22.380 --> 30:26.960]  back again. And once your privacy is gone, you'll find your freedoms will start to
[30:26.960 --> 30:32.600]  vanish too. So protect your rights, say no to surveillance, and keep your information
[30:32.600 --> 30:39.160]  to yourself. Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
[30:39.160 --> 30:47.420]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:47.420 --> 30:53.080]  Snap, crackle, pop, ouch. It's another annoying knuckle cracker on the loose. If you enjoy
[30:53.080 --> 30:57.800]  cracking your knuckles, someone has probably told you it can lead to arthritis. But is
[30:57.800 --> 31:03.260]  there any truth to that? The research on knuckle cracking is admittedly thin. But in the most
[31:03.260 --> 31:08.560]  comprehensive study to date, published in 2011, researchers found that people who popped
[31:08.560 --> 31:13.280]  their knuckles every 15 minutes were no more likely to develop arthritis than those who
[31:13.280 --> 31:18.280]  did it just once a day or those who didn't crack their knuckles at all. So if you like
[31:18.280 --> 31:22.600]  cracking your knuckles, by all means, carry on. But please, do it where the rest of us
[31:22.600 --> 31:27.600]  can't hear you. I'm Dr. Catherine Albrecht for StartPage.com, the world's most private
[31:27.600 --> 31:57.520]  search engine.
[32:27.600 --> 32:53.520]  Thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht, for your time
[32:53.520 --> 33:21.520]  today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht, for
[33:21.520 --> 33:45.840]  your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[33:45.840 --> 34:03.600]  for your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[34:03.600 --> 34:27.040]  for your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[34:27.040 --> 34:44.000]  for your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[34:44.000 --> 35:00.960]  for your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[35:00.960 --> 35:18.480]  for your time today and thank you, Dr. Albrecht, for your time today and thank you, Dr. Albrecht,
[35:18.480 --> 35:23.660]  The officer shall use all unlawful means.
[35:23.660 --> 35:28.920]  The officer shall in every case authorized by the provisions of this code interfere without
[35:28.920 --> 35:35.080]  warrant to prevent or suppress crime, execute all lawful processes issued to the officer
[35:35.080 --> 35:41.960]  by any magistrate or court, give notice to some magistrate of all offenses committed
[35:41.960 --> 35:46.900]  within the officer's jurisdiction where the officer has good reason to believe there
[35:46.900 --> 35:52.920]  has been a violation of the penal law, arrest offenders without warrant in every case where
[35:52.920 --> 35:59.760]  the officer is authorized by law in order that they may be taken before the proper magistrate
[35:59.760 --> 36:03.240]  or court and be tried.
[36:03.240 --> 36:13.120]  Okay, one I'm looking at mostly here is give notice to some magistrate of all offenses
[36:13.120 --> 36:19.240]  committed within the officer's jurisdiction where the officer has good reason to believe
[36:19.240 --> 36:23.080]  there has been a violation of the penal law.
[36:23.080 --> 36:32.320]  Now when I come to the officer and I present him with a statement that alleges all of the
[36:32.320 --> 36:41.960]  elements of a crime against an individual, he has no authority to doubt my testimony
[36:41.960 --> 36:46.400]  if I am a credible person.
[36:46.400 --> 36:53.620]  And in the code, a credible person is defined as a person above the age of 18, never convicted
[36:53.620 --> 36:55.680]  of a felony.
[36:55.680 --> 36:58.040]  And I was both of those.
[36:58.040 --> 37:03.960]  It wasn't within the officer's discretion to decide that he wanted to believe one part
[37:03.960 --> 37:07.840]  word and didn't want to believe another word.
[37:07.840 --> 37:15.360]  So he had a duty to present that complaint to some magistrate.
[37:15.360 --> 37:23.800]  Now what officers regularly do is they go to the prosecuting attorney and ask the prosecuting
[37:23.800 --> 37:28.720]  attorney if he wants to prosecute.
[37:28.720 --> 37:34.480]  And the prosecuting attorney tells them yes or no, and if he says no, they don't pursue.
[37:34.480 --> 37:39.720]  And that's what happened in this case, or something happened in this case, is the chief
[37:39.720 --> 37:44.280]  of police said, you know, he knew that the prosecutor wouldn't pursue this.
[37:44.280 --> 37:49.720]  So he wasn't going to waste their resources and taxpayers' money on a case that would
[37:49.720 --> 37:51.080]  not be pursued.
[37:51.080 --> 37:55.720]  Well, here's the problem with that.
[37:55.720 --> 38:02.860]  First problem is, is our legislators don't buy that story.
[38:02.860 --> 38:11.200]  They didn't think that the police officer should have the authority to make this determination.
[38:11.200 --> 38:16.320]  If they did believe the police officer should have this authority, they would have put that
[38:16.320 --> 38:20.360]  into law, but they did not.
[38:20.360 --> 38:25.640]  And we have problems with a lot of this, especially when they're talking about judges.
[38:25.640 --> 38:30.680]  It doesn't say shall, but say should, should do this, should do that.
[38:30.680 --> 38:33.160]  And Ken Magnusson's been on complaining about it.
[38:33.160 --> 38:37.080]  It sounds to me like should allows discretion.
[38:37.080 --> 38:38.580]  That's exactly what it does.
[38:38.580 --> 38:41.580]  But this statute doesn't have the word should in it.
[38:41.580 --> 38:44.680]  It has the word shall in it, and shall does not –
[38:44.680 --> 38:46.280]  That takes away discretion.
[38:46.280 --> 38:47.280]  Right.
[38:47.280 --> 38:51.120]  It does not mean may, might, or can if he wants to.
[38:51.120 --> 38:53.040]  It's obligatory.
[38:53.040 --> 39:01.640]  So now we have a prosecutor directing a police officer to do something that can place the
[39:01.640 --> 39:06.040]  police officer in harm's way.
[39:06.040 --> 39:10.840]  And this instance was a perfect example.
[39:10.840 --> 39:16.360]  When I filed the complaint, I told them I don't really want these guys prosecuted,
[39:16.360 --> 39:21.000]  but they have no concept of consequences.
[39:21.000 --> 39:26.440]  We need an intervention to keep them from escalating their behavior.
[39:26.440 --> 39:31.600]  Well, they didn't think that was a good idea, so they did not intervene.
[39:31.600 --> 39:35.360]  They did not enforce the law.
[39:35.360 --> 39:40.600]  And as a result, I now have death threats against me and my whole family.
[39:40.600 --> 39:47.060]  So as you might surmise, I'm not happy about this.
[39:47.060 --> 39:54.560]  But if something were to happen to me or any member of my family as a result of these threats,
[39:54.560 --> 40:02.080]  then the police officer who did not give that complaint to a magistrate, the way the statute
[40:02.080 --> 40:12.880]  commanded him to do, would be subject to a depraved heart claim and official oppression,
[40:12.880 --> 40:18.080]  failure to perform a duty he is required to perform.
[40:18.080 --> 40:28.900]  Now if I made the claim against the officer, how would he defend himself against that claim?
[40:28.900 --> 40:36.760]  The only way he could defend himself against the claim is to state that he acted in good
[40:36.760 --> 40:38.920]  faith reliance on competent authority.
[40:38.920 --> 40:41.160]  So who's going to be that authority?
[40:41.160 --> 40:48.840]  Chief of police, if it was the chief of police that he named as competent authority, then
[40:48.840 --> 40:52.800]  I would move to the chief of police and make the claim.
[40:52.800 --> 40:58.280]  If it was the county attorney, then I would move to the county attorney and file suit
[40:58.280 --> 41:06.200]  against the county attorney because when he gives advice to the police in lower courts,
[41:06.200 --> 41:09.640]  he's not doing that in the capacity of a prosecuting attorney.
[41:09.640 --> 41:14.440]  He's doing that in the capacity as a lawyer for the county.
[41:14.440 --> 41:16.800]  And as a lawyer, he doesn't have any sovereign immunity.
[41:16.800 --> 41:24.360]  So this creates some potentially very serious problems for everybody involved.
[41:24.360 --> 41:33.240]  If the officer simply acted in accordance with 2.13 and took the complaint to some magistrate
[41:33.240 --> 41:40.000]  in the county, then that would invoke the duty of the magistrate in the county.
[41:40.000 --> 41:42.320]  And now we'll go to the duty that that invokes.
[41:42.320 --> 41:43.320]  Hey Randy.
[41:43.320 --> 41:44.320]  Yes.
[41:44.320 --> 41:48.120]  Can I touch something here right there?
[41:48.120 --> 41:49.120]  Absolutely.
[41:49.120 --> 41:50.120]  You said duty.
[41:50.120 --> 41:52.120]  You also said shall.
[41:52.120 --> 41:57.080]  I'm going to Texas government code, since we're talking about Texas statutes, let's
[41:57.080 --> 42:09.120]  go to Texas government code, Title III, Subtitle B, Chapter 311, Code Construction Act.
[42:09.120 --> 42:10.600]  Code Construction Act.
[42:10.600 --> 42:15.480]  This is applicable to all Texas code.
[42:15.480 --> 42:30.120]  So we scroll down here to 311.016, may, shall, must, etc.
[42:30.120 --> 42:36.680]  The following constructions apply unless the context in which the word or phrase appears
[42:36.680 --> 42:44.440]  necessarily requires a different construction or unless a different construction is expressly
[42:44.440 --> 42:46.480]  provided by statute.
[42:46.480 --> 42:53.800]  One, may, creates discretionary authority or grants permission or a power.
[42:53.800 --> 42:59.520]  Two, shall, imposes a duty.
[42:59.520 --> 43:03.440]  Say it again, shall, imposes a duty.
[43:03.440 --> 43:09.840]  Must, creates or recognizes a condition precedent.
[43:09.840 --> 43:15.760]  Is entitled to, creates or recognizes a right.
[43:15.760 --> 43:23.960]  May not, imposes a prohibition and is synonymous with shall not.
[43:23.960 --> 43:27.640]  Is not entitled to, negates a right.
[43:27.640 --> 43:34.000]  And finally, seven, is not required to, negates a duty or condition precedent.
[43:34.000 --> 43:39.880]  I hear the music in the background, we'll get, we'll pick right up where Randy was leaving
[43:39.880 --> 43:43.840]  off, and I apologize for interrupting you, but I thought we might shed some light on
[43:43.840 --> 43:48.880]  these definitions here and define what shall means.
[43:48.880 --> 43:49.880]  That's okay.
[43:49.880 --> 43:50.880]  I deserve being interrupted.
[43:50.880 --> 43:51.880]  It's all right.
[43:51.880 --> 43:56.560]  I just hope you can find your way back.
[43:56.560 --> 43:57.560]  We'll be right back.
[43:57.560 --> 44:00.560]  Stay tuned.
[44:00.560 --> 44:07.880]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
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[44:30.280 --> 44:37.520]  Call 512-264-4043, or find us online at naturespureorganics.com.
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[44:43.160 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.440 --> 46:44.720]  Welcome back to Rule of Law Radio, folks, and we thank you all for tuning in tonight.
[46:44.720 --> 46:49.160]  We're going to leave the phones off until at least the top of the hour break, and then
[46:49.160 --> 46:51.040]  we'll turn them on and take your calls.
[46:51.040 --> 46:56.080]  If you'd like to get ready to dial that number when it comes time, that number is going to
[46:56.080 --> 46:59.720]  be 512-646-1984.
[46:59.720 --> 47:03.200]  We're not quite ready for calls yet.
[47:03.200 --> 47:07.920]  Let this balloon deflate a little bit more, and then we'll blow it back up here in a minute.
[47:07.920 --> 47:10.600]  But I thought it very important to interrupt Randy.
[47:10.600 --> 47:19.360]  I know he was on a roll there, but these words keep popping up, shall, must, may.
[47:19.360 --> 47:25.200]  Let's define these within the code, because we all know legalese is a different language.
[47:25.200 --> 47:27.200]  It is not common English.
[47:27.200 --> 47:32.240]  So it behooves us to know the definitions of the words and how they're applied, who
[47:32.240 --> 47:35.360]  they apply to.
[47:35.360 --> 47:40.580]  If we're ever going to get on the top side of this thing, what I mean by this thing is
[47:40.580 --> 47:47.960]  this government oppression, the police state that seems to be growing up around us.
[47:47.960 --> 47:51.960]  And we're going to have to learn the law, and we're going to have to learn the language
[47:51.960 --> 47:53.920]  of law.
[47:53.920 --> 47:56.180]  Learn how to apply it and who it applies to.
[47:56.180 --> 48:01.600]  So I've taken up enough time, Randy, you were at what section of code?
[48:01.600 --> 48:04.400]  I was going to magistrates.
[48:04.400 --> 48:14.280]  The officer is required to take a person accused of crime to some magistrate.
[48:14.280 --> 48:18.080]  So who are magistrates?
[48:18.080 --> 48:22.240]  Article 2.09, Code of Criminal Procedure, who are magistrates?
[48:22.240 --> 48:27.920]  Each of the following officers is a magistrate within the meaning of this code.
[48:27.920 --> 48:34.520]  The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices
[48:34.520 --> 48:40.380]  of the Court of Appeals, the judges of the District Court, magistrates appointed by the
[48:40.380 --> 48:44.440]  judges of the District Courts of Bexar County, Dallas County.
[48:44.440 --> 48:48.580]  It goes through a whole bunch of these different magistrates and such.
[48:48.580 --> 48:52.080]  That's Bexar County down around San Antonio, not Bexar.
[48:52.080 --> 48:53.640]  That's not, I always get that back.
[48:53.640 --> 48:54.640]  You said Bexar.
[48:54.640 --> 48:55.640]  Bexar County.
[48:55.640 --> 48:56.640]  Take the X out.
[48:56.640 --> 48:57.640]  There you go.
[48:57.640 --> 49:04.960]  And then it goes on to justices of the peace and recorders.
[49:04.960 --> 49:11.640]  The justices of the peace and the mayors and recorders and the judges of the municipal
[49:11.640 --> 49:14.320]  courts of incorporated cities or towns.
[49:14.320 --> 49:20.280]  Now, I don't know what recorders refers to.
[49:20.280 --> 49:24.460]  I'll have to see if I can figure that out someday.
[49:24.460 --> 49:30.200]  But every judge is also a magistrate and mayors are magistrates.
[49:30.200 --> 49:33.760]  So that's a real easy way to know who are magistrates.
[49:33.760 --> 49:36.960]  What are the duties of magistrates?
[49:36.960 --> 49:44.600]  And Steve, in one instance where he spoke to a judge, addressed this very eloquently
[49:44.600 --> 49:50.560]  when he told the judge that the judge had two hats.
[49:50.560 --> 49:55.440]  One hat is his judicial hat and the other hat is his magistrate's hat.
[49:55.440 --> 49:59.000]  He looked at it kind of funny when I told him that, too.
[49:59.000 --> 50:02.200]  But when you explained, he got it right away.
[50:02.200 --> 50:03.200]  Oh, yeah.
[50:03.200 --> 50:04.200]  Yeah.
[50:04.200 --> 50:05.720]  He looked at me and said, what hats?
[50:05.720 --> 50:08.000]  I said, you have a judge's hat and a magistrate's hat.
[50:08.000 --> 50:09.140]  He said, oh, those.
[50:09.140 --> 50:10.140]  What about them?
[50:10.140 --> 50:16.800]  It is the duty of every magistrate to preserve the peace within his jurisdiction by the use
[50:16.800 --> 50:23.240]  of all lawful means, to issue all process intended to aid in the preventing and suppressing
[50:23.240 --> 50:30.040]  of crime, to cause the arrest of offenders by the use of lawful means in order that they
[50:30.040 --> 50:36.960]  may be brought to punishment, 2.11, examining court.
[50:36.960 --> 50:44.000]  When the magistrate sits for the purpose of inquiring into a criminal accusation against
[50:44.000 --> 50:48.440]  any person, this is called an examining court.
[50:48.440 --> 50:58.800]  You will take notice that this is not called an arraignment and it is not called a magistration.
[50:58.800 --> 51:03.520]  Expedition is a term you will find nowhere in the Penal Code or in the Code of Criminal
[51:03.520 --> 51:04.520]  Procedure.
[51:04.520 --> 51:17.760]  That's a term that has been made up to describe a misconstruction of Chapter 14 and 17, a
[51:17.760 --> 51:27.000]  slight reference to expeditiously giving someone the warnings described in 1517.
[51:27.000 --> 51:28.840]  We'll get to that later.
[51:28.840 --> 51:30.600]  Hey, Randy.
[51:30.600 --> 51:31.600]  Yes.
[51:31.600 --> 51:37.200]  Where there is no 1517, is that what you said?
[51:37.200 --> 51:38.200]  Yes.
[51:38.200 --> 51:40.920]  Keep your finger right there on that part of the page.
[51:40.920 --> 51:44.120]  You said that you didn't know what they meant by recorder.
[51:44.120 --> 51:50.580]  Well, if recorder is, if a word is not defined within the code, then we have the right to
[51:50.580 --> 51:56.720]  go and we have a duty to go to a law dictionary to find the definition of the word.
[51:56.720 --> 52:05.520]  So in my Black's Law Dictionary Second Pocket Edition 2001 on page 589, recorder is defined
[52:05.520 --> 52:12.200]  as follows, one, a municipal judge with the criminal jurisdiction of a magistrate or a
[52:12.200 --> 52:23.440]  police judge and sometimes also the limited civil juris, also with limited civil jurisdiction.
[52:23.440 --> 52:31.740]  And two, a municipal or county officer who keeps public records such as deeds, liens
[52:31.740 --> 52:34.980]  and judgments.
[52:34.980 --> 52:39.160]  That would be the county or district clerk.
[52:39.160 --> 52:40.640]  Yep.
[52:40.640 --> 52:42.760]  There's your recorder.
[52:42.760 --> 52:44.840]  That's kind of iffy.
[52:44.840 --> 52:52.380]  Well, I mean, I was thinking in the context of criminal law, which we're discussing right
[52:52.380 --> 52:58.840]  now in due process, I would think that definition one, a municipal judge with the criminal jurisdiction
[52:58.840 --> 53:07.360]  of a magistrate or a police judge, and sometimes also with the limited civil jurisdiction,
[53:07.360 --> 53:10.480]  I would think that would probably apply more.
[53:10.480 --> 53:14.000]  I have no idea what a, we have magistrate, we have a...
[53:14.000 --> 53:16.800]  Police judge, I don't know what police judge is.
[53:16.800 --> 53:21.480]  Maybe a traffic court judge, I don't know, but we don't have traffic court judges either.
[53:21.480 --> 53:22.480]  Right.
[53:22.480 --> 53:27.640]  We have municipal judges named specifically.
[53:27.640 --> 53:28.640]  We do.
[53:28.640 --> 53:35.160]  The only one that seems reasonably to come close would be the one who records liens and
[53:35.160 --> 53:38.560]  such and that would be the county or district clerk.
[53:38.560 --> 53:39.560]  Okay.
[53:39.560 --> 53:40.560]  Okay.
[53:40.560 --> 53:48.600]  Let's move to, we're going to go to arrest, what happens at arrest and after arrest and
[53:48.600 --> 53:54.200]  to something that's totally missing and that goes to this issue of magistration.
[53:54.200 --> 53:58.280]  Chapter 14, arrest without a warrant.
[53:58.280 --> 54:06.920]  A peace officer is 14.01, a peace officer, I'm sorry, 14.01 paragraph A. A peace officer
[54:06.920 --> 54:12.820]  or any other person may without a warrant arrest an offender when the offense is committed
[54:12.820 --> 54:18.720]  in his presence or within his view if the offense is one classed as a felony or an offense
[54:18.720 --> 54:22.480]  against the public peace.
[54:22.480 --> 54:25.460]  Paragraph B, and we're going to complain about this one later.
[54:25.460 --> 54:31.400]  A peace officer may arrest an offender without a warrant for any offense committed in his
[54:31.400 --> 54:34.080]  presence or within his view.
[54:34.080 --> 54:41.920]  That is the statute that created our police state or went a long way toward creating it.
[54:41.920 --> 54:51.160]  When we said that a police officer could arrest anyone for anything, prior to that it wasn't
[54:51.160 --> 54:55.640]  that way and we'll get to that in a second.
[54:55.640 --> 55:00.280]  14.02, within view of magistrate, a peace officer may arrest without a warrant when
[55:00.280 --> 55:05.660]  a felony or breach of the peace has been committed in the presence or within the view of a magistrate
[55:05.660 --> 55:10.560]  and such magistrate verbally orders the arrest of the offender.
[55:10.560 --> 55:18.360]  14.03, authority of peace officers, a peace officer may arrest without a warrant persons
[55:18.360 --> 55:25.300]  found in suspicious places and under circumstance which regionally show that search persons
[55:25.300 --> 55:32.280]  have been guilty of some felony, violation of Title IX Chapter 42 Penal Code, breach
[55:32.280 --> 55:39.560]  of the peace or offense under Section 4902 Penal Code or threatened or about to commit
[55:39.560 --> 55:42.400]  some offense against the laws.
[55:42.400 --> 55:47.520]  A person who the peace officer has reasonable cause to believe has committed an assault
[55:47.520 --> 55:52.040]  resulting in bodily injury to another person and the peace officer has probable cause to
[55:52.040 --> 55:57.400]  believe that there is danger of further bodily injury to that person.
[55:57.400 --> 56:01.120]  Persons who the peace officer has reasonable cause to believe have committed an offense
[56:01.120 --> 56:08.880]  defined by Section 2507 Penal Code, violation of protective order or Section 38112 Penal
[56:08.880 --> 56:13.960]  Code, violation of protective order issued on basis of sexual assault if the offense
[56:13.960 --> 56:16.900]  is not committed in the presence of the peace officer.
[56:16.900 --> 56:27.800]  So these, it starts out with A1 which authorizes an arrest for a felony or breach of the peace.
[56:27.800 --> 56:36.960]  That comports with 14.01 and then this goes on to add some specific exceptions and I won't
[56:36.960 --> 56:42.480]  go through all of them because there's a whole bunch of them, but they are very specific
[56:42.480 --> 56:49.080]  exceptions and not one of them is vague or general.
[56:49.080 --> 56:53.880]  Not one of them says that an officer can arrest someone for anything.
[56:53.880 --> 57:02.120]  14.01b conflicts with 14.03 and 14.03 has been in there a lot longer and it's a far
[57:02.120 --> 57:03.800]  more specific.
[57:03.800 --> 57:10.720]  So we have to treat 14.03 as if it limits the scope of 14.01b.
[57:10.720 --> 57:12.720]  Does that make sense, Steve?
[57:12.720 --> 57:13.720]  Absolutely.
[57:13.720 --> 57:14.720]  Okay.
[57:14.720 --> 57:19.200]  I would say it takes precedence.
[57:19.200 --> 57:24.800]  Okay, this is 14.03.
[57:24.800 --> 57:27.600]  This goes down to 14.04.
[57:27.600 --> 57:31.800]  When felony has been committed, where it is shown by satisfactory proof to a peace officer
[57:31.800 --> 57:38.160]  upon the representation of a credible person that a felony has been committed and that
[57:38.160 --> 57:43.880]  the offender is about to escape so that there is no time to procure a warrant, such peace
[57:43.880 --> 57:48.400]  officer may without warrant pursue and arrest the accused.
[57:48.400 --> 57:57.000]  Now 14.01 and 14.03 both said that a police officer could arrest for an onsite felony
[57:57.000 --> 57:58.920]  or breach of the peace.
[57:58.920 --> 58:08.140]  This one authorizes the arrest for a felony that did not occur in the sight of the officer
[58:08.140 --> 58:12.720]  but under the condition that he's had it made known to him that a felony has been committed
[58:12.720 --> 58:14.320]  and the person is about to escape.
[58:14.320 --> 58:20.200]  We're about to go to break, so I won't get into the next one until we come back, but
[58:20.200 --> 58:28.720]  we will go through 14, then 15, then 16, and then 17, then all the, yeah, leave the phones
[58:28.720 --> 58:35.560]  off for a little while, 14, 15, 16, and 17, and all of these pieces will really fit together
[58:35.560 --> 58:36.560]  well.
[58:36.560 --> 58:44.440]  Randy Kelton, Steve Skidmore, Ruv La Radio, our call-in number, 512-646-1984, probably
[58:44.440 --> 58:50.320]  two more segments, then we'll turn the phones on, we'll be right back.
[58:50.320 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.640]  Sales for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:01.000]  can really help.
[59:01.000 --> 59:05.440]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440]  today.
[59:06.440 --> 59:10.360]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.460]  to know God and to know the meaning of life.
[59:13.460 --> 59:18.720]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:22.980]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.980 --> 59:27.920]  of salvation, growing in Christ, and how to build up the church.
[59:27.920 --> 59:32.920]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.920 --> 01:00:02.880]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:02.880 --> 01:00:07.480]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[01:00:07.480 --> 01:00:08.480]  at thelibertybeat.com.
[01:00:08.480 --> 01:00:13.920]  I'm Bryan Hagen with your Liberty Beat for Friday, August 22nd, 2014.
[01:00:13.920 --> 01:00:23.080]  Gold opened today at $1,279, silver opened at $19.45, and bitcoin is trading around $513.43.
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[01:00:36.940 --> 01:00:41.360]  In the news, on Thursday, Missouri Governor Jay Nixon announced that the National Guard
[01:00:41.360 --> 01:00:44.360]  would begin withdrawing from Ferguson, Missouri.
[01:00:44.360 --> 01:00:48.520]  The city has been the site of protests and clashes between police and protesters since
[01:00:48.520 --> 01:00:52.020]  the August 9th shooting death of 18-year-old Michael Brown.
[01:00:52.020 --> 01:00:56.440]  On Wednesday, the number of protesters on site shrank and arrests were much lower than
[01:00:56.440 --> 01:00:57.920]  previous nights.
[01:00:57.920 --> 01:01:03.120]  Private military contractors Asymmetric Solutions were briefly deployed to Ferguson on Tuesday
[01:01:03.120 --> 01:01:07.280]  and Wednesday.
[01:01:07.280 --> 01:01:12.440]  After decades of centralized banking, top-down government, and big business, a new model
[01:01:12.440 --> 01:01:17.760]  is gaining momentum, a decentralized model of social organizing and doing business.
[01:01:17.760 --> 01:01:22.640]  Websites like Indiegogo allow any individual to start a business or fund a project without
[01:01:22.640 --> 01:01:27.120]  going into debt to a bank. Supporters of the Liberty Beat in South America are building
[01:01:27.120 --> 01:01:31.880]  a new chicken coop on their self-certified organic family farm by using a decentralized
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[01:01:34.240 --> 01:01:38.880]  They plan to use sustainable and recycled materials to build a safe home for their free-range
[01:01:38.880 --> 01:01:39.960]  flock.
[01:01:39.960 --> 01:01:44.740]  The family inherited the former sugarcane farm in a state of disrepair, and they plan
[01:01:44.740 --> 01:01:47.860]  to revive it through organic farming practices.
[01:01:47.860 --> 01:01:51.360]  They're well on their way, and they now seek the support of like-minded communities through
[01:01:51.360 --> 01:01:52.960]  this fundraiser.
[01:01:52.960 --> 01:01:57.920]  You can find their project using the hashtag VamosChicken on Facebook and Twitter.
[01:01:57.920 --> 01:02:02.060]  A link to their Kickstarter can be found on thelibertybeat.com.
[01:02:02.060 --> 01:02:06.220]  The Liberty Beat will gladly accept information on your decentralized projects through our
[01:02:06.220 --> 01:02:11.240]  website and social media accounts.
[01:02:11.240 --> 01:02:14.680]  Voters in Colorado will soon be able to vote on whether or not to label foods containing
[01:02:14.680 --> 01:02:16.400]  genetically modified organisms.
[01:02:16.400 --> 01:02:20.680]  Right to Know Colorado fought to get Proposition 105 on the upcoming ballot.
[01:02:20.680 --> 01:02:25.760]  Critics say the bill has many exemptions and would end up costing shoppers more money.
[01:02:25.760 --> 01:02:28.600]  Support for the Liberty Beat comes from My Magic Mud.
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[01:02:36.840 --> 01:02:40.240]  And support comes from the notorious activist Michael Cargill.
[01:02:40.240 --> 01:02:45.440]  He has a new show called Come and Talk It, live each Sunday afternoon at 4 o'clock on
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[01:02:52.840 --> 01:02:57.120]  This is the Liberty Beat for Friday, August 22nd, 2014.
[01:02:57.120 --> 01:03:22.200]  Check out the website at thelibertybeat.com.
[01:03:27.120 --> 01:03:44.200]  Welcome back to Rule of Law Radio, folks.
[01:03:44.200 --> 01:03:49.800]  Like we said before we go on a break, we're gonna leave the phones off for a little bit.
[01:03:49.800 --> 01:03:57.040]  Randy's taking a rather eloquent approach.
[01:03:57.040 --> 01:04:04.560]  I'd call it a statutory construction approach at the explanation of due process.
[01:04:04.560 --> 01:04:06.880]  So with no further ado.
[01:04:06.880 --> 01:04:07.880]  Okay.
[01:04:07.880 --> 01:04:12.180]  We went through 14.03.
[01:04:12.180 --> 01:04:17.300]  Now we're gonna go to, okay, 1404 when a felony has been committed.
[01:04:17.300 --> 01:04:24.920]  The felony doesn't have to be in the view of the officer, but it has to have been recent
[01:04:24.920 --> 01:04:32.480]  and there must be concern that the alleged perpetrator will escape apprehension of process.
[01:04:32.480 --> 01:04:35.520]  Let's see, let me read this.
[01:04:35.520 --> 01:04:40.040]  Where it shows satisfactory proof to a police officer upon the representation of a credible
[01:04:40.040 --> 01:04:44.360]  person that a felony has been committed and that the offender is about to escape so that
[01:04:44.360 --> 01:04:50.180]  there is no time to procure a warrant, such peace officer may without warrant pursue and
[01:04:50.180 --> 01:04:52.640]  arrest the accused.
[01:04:52.640 --> 01:04:56.660]  14.05, rights of officer.
[01:04:56.660 --> 01:05:02.460]  In each case enumerated where arrests may be lawfully made without a warrant, the officer
[01:05:02.460 --> 01:05:07.520]  or person making the arrests is justified in adopting all of the measures which he might
[01:05:07.520 --> 01:05:12.840]  adopt in cases of arrest under warrant, except that an officer making an arrest without a
[01:05:12.840 --> 01:05:20.360]  warrant may not enter a residence to make the arrest unless a person who resides in
[01:05:20.360 --> 01:05:29.820]  the residence consents to the entry or exigent circumstances require that the officer making
[01:05:29.820 --> 01:05:36.280]  the arrest enter the residence without the consent of a resident or without a warrant.
[01:05:36.280 --> 01:05:43.580]  Then this is in the case law is addressed where if he's pursuing a felony and he enters
[01:05:43.580 --> 01:05:51.000]  the residence, he may go in after him or say a weapon is fired through the window of a
[01:05:51.000 --> 01:05:54.360]  residence, that would be exigent circumstances.
[01:05:54.360 --> 01:06:00.160]  Okay, arrest by peace officer from other jurisdiction, a peace officer commissioned and authorized
[01:06:00.160 --> 01:06:06.200]  by another state to make an arrest for felonies who is in fresh pursuit of a person for the
[01:06:06.200 --> 01:06:11.600]  purpose of arresting that person for a felony may continue to pursue into this state and
[01:06:11.600 --> 01:06:14.040]  arrest the person.
[01:06:14.040 --> 01:06:20.960]  In this article, fresh pursuit means a pursuit without unreasonable delay by a peace officer
[01:06:20.960 --> 01:06:26.960]  of a person the officer reasonably suspects has committed a felony.
[01:06:26.960 --> 01:06:32.440]  Okay, 14.06, this one's a biggie.
[01:06:32.440 --> 01:06:38.520]  Except as otherwise provided by this article, in each case enumerated in this code, a person
[01:06:38.520 --> 01:06:45.400]  making the arrest or the person having custody of the person arrested shall take the person
[01:06:45.400 --> 01:06:52.360]  arrested or have him taken without unnecessary delay but not later than 48 hours after the
[01:06:52.360 --> 01:06:59.440]  person is arrested before the magistrate who may have ordered the arrest before some magistrate
[01:06:59.440 --> 01:07:05.560]  of the county where the arrest was made without an order or and here is where they entered
[01:07:05.560 --> 01:07:14.040]  in this concept of magistration is where the concept of magistration was twisted out of
[01:07:14.040 --> 01:07:20.680]  this verbiage or to provide more expeditiously to the person arrested.
[01:07:20.680 --> 01:07:27.560]  The warnings described in article 15.17 of this code before a magistrate in any other
[01:07:27.560 --> 01:07:32.620]  county of this state, the magistrate shall immediately perform the duties described in
[01:07:32.620 --> 01:07:42.260]  article 17 of this code and what they have done is taken this to mean that all the magistrate
[01:07:42.260 --> 01:07:47.680]  must do is give you a warning that you have a right to remain silent.
[01:07:47.680 --> 01:07:54.880]  But if they take this the way it's written, then the magistrate by promptly giving these
[01:07:54.880 --> 01:08:01.040]  warnings is not holding an examining trial.
[01:08:01.040 --> 01:08:06.160]  The problem comes in where there is no – we will get to chapter 16 shortly and we will
[01:08:06.160 --> 01:08:10.440]  talk about why the examining trial is so important.
[01:08:10.440 --> 01:08:18.320]  A peace officer who is – this is 1406 paragraph B. A peace officer who is charging a person
[01:08:18.320 --> 01:08:23.480]  including a child with committing an offense that is a class C misdemeanor other than an
[01:08:23.480 --> 01:08:33.960]  offense under section 4902 penal code, I think 49 goes to intoxication, Steve, I believe.
[01:08:33.960 --> 01:08:36.520]  Penal code may instead of taking the person-
[01:08:36.520 --> 01:08:38.880]  This is more your forte than mine.
[01:08:38.880 --> 01:08:39.880]  Okay.
[01:08:39.880 --> 01:08:46.800]  I think that goes to intoxication but I'd have to look it up to be sure.
[01:08:46.800 --> 01:08:51.440]  May instead of taking the person before a magistrate issue a citation to the person
[01:08:51.440 --> 01:08:57.240]  but that contains written notice of the time and place the person must appear before a
[01:08:57.240 --> 01:09:02.680]  magistrate and the name and address of the person charged, the offense charged and the
[01:09:02.680 --> 01:09:09.520]  following admonishment in bold-faced or underlined type in capital letters, if you are convicted
[01:09:09.520 --> 01:09:15.600]  of a misdemeanor offense involving violence where you are or were a spouse, inmate, intimate
[01:09:15.600 --> 01:09:25.280]  partner, parent or guardian of the victim or were involved in another similar relationship
[01:09:25.280 --> 01:09:29.840]  with the victim, it may be unlawful for you to possess or purchase a firearm including
[01:09:29.840 --> 01:09:39.720]  a handgun, long gun, ammunition, pursuant to federal law 18 USC section 922 G9 or section
[01:09:39.720 --> 01:09:43.480]  4604B Texas penal code.
[01:09:43.480 --> 01:09:47.800]  If you have any questions whether the laws make it legal for you to possess or purchase
[01:09:47.800 --> 01:09:50.200]  a firearm, you should consult an attorney.
[01:09:50.200 --> 01:09:54.180]  Paragraph C, if the person resides in the county where the offense occurred, a peace
[01:09:54.180 --> 01:10:01.040]  officer is charging the person with committing an offense that is a class A or B misdemeanor
[01:10:01.040 --> 01:10:06.640]  may instead of taking the person before a magistrate issue a citation to the person
[01:10:06.640 --> 01:10:11.920]  that contains written notice of the time and place the person must appear before a magistrate
[01:10:11.920 --> 01:10:18.080]  and of this, the magistrate of this state as described in subsection A, the name and
[01:10:18.080 --> 01:10:21.440]  address of the persons charged and the offense charged.
[01:10:21.440 --> 01:10:35.240]  Now this is important because this goes back to 1401 and 1403 where there are enumerated
[01:10:35.240 --> 01:10:43.600]  cases where an officer can arrest for an on-site offense.
[01:10:43.600 --> 01:10:47.200]  Felony breaches the peace.
[01:10:47.200 --> 01:10:56.560]  All of the other on-site misdemeanor offenses where he doesn't have authority to arrest,
[01:10:56.560 --> 01:11:04.520]  they're handled here where he writes him a citation just like a ticket.
[01:11:04.520 --> 01:11:10.520]  I wonder if anybody out there has ever been written a citation for a class A or B misdemeanor.
[01:11:10.520 --> 01:11:15.600]  Then in saying that, I have had people tell me that that's exactly what has happened
[01:11:15.600 --> 01:11:16.600]  to them.
[01:11:16.600 --> 01:11:22.720]  So it's not like the police don't know that they can do this.
[01:11:22.720 --> 01:11:34.840]  The form is 1401B appears to give them authority to arrest for anything they want to.
[01:11:34.840 --> 01:11:41.640]  But 1401B is mitigated by these other statutes that limit what they can actually arrest for
[01:11:41.640 --> 01:11:48.360]  and where they are limited in what they can arrest for, an alternative provision is made
[01:11:48.360 --> 01:11:49.360]  available.
[01:11:49.360 --> 01:11:54.120]  Okay, now that's Chapter 14, arrest without a warrant.
[01:11:54.120 --> 01:12:02.160]  That section there kind of breathes to the fine-only offenses found in the traffic code
[01:12:02.160 --> 01:12:03.640]  and transportation codes.
[01:12:03.640 --> 01:12:10.200]  Well, it does mention – it doesn't go to traffic code because traffic code has its
[01:12:10.200 --> 01:12:11.200]  own authorization.
[01:12:11.200 --> 01:12:12.200]  Right, yeah.
[01:12:12.200 --> 01:12:16.280]  But there are arrestable offenses and fine-only offenses.
[01:12:16.280 --> 01:12:17.360]  Exactly.
[01:12:17.360 --> 01:12:23.720]  That would limit the would-be arresting officer's authority to arrest.
[01:12:23.720 --> 01:12:24.720]  Right.
[01:12:24.720 --> 01:12:31.960]  And that's why I say this code is very well-structured because up there where the officer observes
[01:12:31.960 --> 01:12:40.320]  a class A misdemeanor but it's not a breach of the peace, what can he do?
[01:12:40.320 --> 01:12:47.000]  Well, if he can't arrest, if he could not arrest him at all, it would be – he can't
[01:12:47.000 --> 01:12:51.680]  really stop him and hold him because technically that's arrest.
[01:12:51.680 --> 01:12:56.200]  So if you see this guy commit a class A misdemeanor and you can't even stop him and hold him,
[01:12:56.200 --> 01:12:58.920]  you can't even find out who he is.
[01:12:58.920 --> 01:13:00.400]  So they needed some alternative.
[01:13:00.400 --> 01:13:04.000]  That's the first thing they do when they pull you over is they want to know who you
[01:13:04.000 --> 01:13:05.000]  are.
[01:13:05.000 --> 01:13:06.000]  Yeah, so –
[01:13:06.000 --> 01:13:07.000]  Give me an ID.
[01:13:07.000 --> 01:13:11.400]  Yeah, so if he sees you – someone committed a crime, he has no power to arrest him for
[01:13:11.400 --> 01:13:12.400]  that crime.
[01:13:12.400 --> 01:13:18.920]  Well, here he does have power to stop, hold, identify, and release him on a promise to
[01:13:18.920 --> 01:13:19.920]  appear.
[01:13:19.920 --> 01:13:26.920]  So that fills in that space and the whole code is replete with these kinds of remedies.
[01:13:26.920 --> 01:13:31.560]  And it's because it's old, it's been around a long time, and about every question
[01:13:31.560 --> 01:13:32.920]  you can think of has came up.
[01:13:32.920 --> 01:13:37.560]  So let's go to chapter 15, warrant of arrest.
[01:13:37.560 --> 01:13:42.200]  A warrant of arrest is a written order from the magistrate directed to a peace officer
[01:13:42.200 --> 01:13:50.000]  or some other person specifically named, commanding him to take the body of the person accused
[01:13:50.000 --> 01:13:54.760]  of an offense and to be dealt with according to law.
[01:13:54.760 --> 01:13:58.560]  Requisites of a warrant, I won't go into all of that.
[01:13:58.560 --> 01:14:00.880]  Magistrate may issue warrant or summons.
[01:14:00.880 --> 01:14:08.360]  Let me go into that because here's a part of that that is important.
[01:14:08.360 --> 01:14:12.680]  Requisites of a warrant, it issues in the name of the state of Texas and shall be sufficient
[01:14:12.680 --> 01:14:17.440]  without regard to form if it have these substantial requisites.
[01:14:17.440 --> 01:14:22.800]  It must specify the name of the person whose arrest is ordered if it be known.
[01:14:22.800 --> 01:14:30.780]  If unknown, then some reasonably definite description must be given of him.
[01:14:30.780 --> 01:14:35.280]  It must state that the person is accused of some offense against the laws of the state
[01:14:35.280 --> 01:14:37.360]  naming the offense.
[01:14:37.360 --> 01:14:44.120]  It must be signed by the magistrate and his office be named in the body of the warrant
[01:14:44.120 --> 01:14:48.000]  or in connection with his signature.
[01:14:48.000 --> 01:14:52.600]  You can't have an unsigned warrant.
[01:14:52.600 --> 01:14:54.440]  Magistrate may issue warrant or summons.
[01:14:54.440 --> 01:14:58.360]  A magistrate may issue a warrant of arrest or a summons.
[01:14:58.360 --> 01:15:05.960]  In any case in which he is by law authorized to order verbally the arrest of an offender.
[01:15:05.960 --> 01:15:11.320]  When a person shall make oath before the magistrate that another has committed some offense against
[01:15:11.320 --> 01:15:17.080]  the laws of the state and in any case named in this code where he is specifically authorized
[01:15:17.080 --> 01:15:20.200]  to issue warrants of arrest.
[01:15:20.200 --> 01:15:26.040]  We referenced Governor Perry earlier.
[01:15:26.040 --> 01:15:29.560]  Governor Perry wasn't issued, there wasn't a warrant issued for his arrest, there was
[01:15:29.560 --> 01:15:31.960]  a summons.
[01:15:31.960 --> 01:15:35.000]  Here's the problem.
[01:15:35.000 --> 01:15:40.120]  That summons had to be for only one purpose.
[01:15:40.120 --> 01:15:49.480]  That summons could not be issued by a judge because there was no judge that had jurisdiction.
[01:15:49.480 --> 01:15:56.360]  There will be no judge having jurisdiction until Governor Perry is brought before a magistrate
[01:15:56.360 --> 01:15:59.180]  for an examining trial.
[01:15:59.180 --> 01:16:07.680]  The only reason this warrant or summons can be issued by the magistrate is to order that
[01:16:07.680 --> 01:16:13.060]  person to be brought before that magistrate for an examining trial.
[01:16:13.060 --> 01:16:20.360]  If a warrant is issued, it is necessarily issued ex parte, meaning that the accused
[01:16:20.360 --> 01:16:22.600]  is not there.
[01:16:22.600 --> 01:16:28.480]  Because if the accused was not there, a warrant would be moot.
[01:16:28.480 --> 01:16:39.880]  As the warrant must state, you must arrest this person and bring him before me.
[01:16:39.880 --> 01:16:44.040]  Reason for that is he held an ex parte hearing.
[01:16:44.040 --> 01:16:45.440]  He only heard one side.
[01:16:45.440 --> 01:16:50.200]  Now you got to bring him before me and we're going to hold ourselves an examining trial
[01:16:50.200 --> 01:16:54.400]  under chapter 16, which we'll get to in a moment.
[01:16:54.400 --> 01:16:55.400]  Okay.
[01:16:55.400 --> 01:16:56.400]  1504 complaint.
[01:16:56.400 --> 01:17:01.160]  Well, wait a minute, we don't have time.
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[01:18:59.960 --> 01:19:07.000]  This is the Logos Radio Network.
[01:19:07.000 --> 01:19:36.000]  Ain't gonna blind me, don't bore me, well, ain't gonna fool me with that same old trick
[01:19:36.000 --> 01:19:37.000]  again.
[01:19:37.000 --> 01:19:42.000]  I was blindsided but now I can see your plan.
[01:19:42.000 --> 01:19:57.860]  You put the fear in my pockets, took the money from my hand, ain't gonna fool me with that
[01:19:57.860 --> 01:20:13.940]  We stumble going out, we stumble coming in, that's okay.
[01:20:13.940 --> 01:20:17.580]  That's part of live radio folks, welcome to it.
[01:20:17.580 --> 01:20:25.300]  We will turn the phones on here soon, so if you're waiting to place a call, ask a question,
[01:20:25.300 --> 01:20:29.900]  make a comment, please hold off for just a little bit longer.
[01:20:29.900 --> 01:20:36.980]  Maybe on the other end of this break or one more segment, we'll turn the phones on.
[01:20:36.980 --> 01:20:43.780]  But we've still got, you're kind of getting towards the middle of the end of chapter 15,
[01:20:43.780 --> 01:20:44.780]  is that correct?
[01:20:44.780 --> 01:20:47.380]  You still got 16 and 17 to go?
[01:20:47.380 --> 01:20:48.380]  Okay.
[01:20:48.380 --> 01:20:50.380]  Let her rip.
[01:20:50.380 --> 01:20:51.380]  Okay.
[01:20:51.380 --> 01:20:59.140]  Chapter 15, the first part of it goes to the requisites of a complaint, who may issue the
[01:20:59.140 --> 01:21:00.140]  complaint.
[01:21:00.140 --> 01:21:08.180]  The only real restriction on issuing a complaint is a magistrate can issue a complaint for
[01:21:08.180 --> 01:21:13.580]  the arrest of anyone anywhere in the state except a mayor.
[01:21:13.580 --> 01:21:20.660]  A mayor may only issue a warrant when he's acting as a magistrate for someone to be arrested
[01:21:20.660 --> 01:21:22.460]  within the county.
[01:21:22.460 --> 01:21:29.540]  It goes into a lot of detail, we don't care about warrant, it may be forwarded, complaint
[01:21:29.540 --> 01:21:35.600]  may be forwarded, copy to be deposited, duty, telegraph manager, warrant or complaint must
[01:21:35.600 --> 01:21:42.720]  be under seal, telegraph prepaid, arrest after dismissal because of delay.
[01:21:42.720 --> 01:21:44.820]  This was a little disturbing.
[01:21:44.820 --> 01:21:51.260]  If a prosecution of a defendant is dismissed under article 3201, the defendant may be rearrested
[01:21:51.260 --> 01:21:58.220]  for the same criminal conduct alleged in the dismissed prosecution only upon presentation
[01:21:58.220 --> 01:22:05.860]  of indictment or information for the offense and the issuance of a capias subsequent to
[01:22:05.860 --> 01:22:09.220]  the indictment or information.
[01:22:09.220 --> 01:22:11.860]  Define capias.
[01:22:11.860 --> 01:22:24.980]  Capias is a arrest order issued to someone by a trial judge for failure to appear, for
[01:22:24.980 --> 01:22:29.100]  bail jumping, and for one other thing.
[01:22:29.100 --> 01:22:35.660]  Okay, well my point is that that would go towards new evidence.
[01:22:35.660 --> 01:22:42.620]  Nothing ancillary has happened since the first incident that would cause the magistrate to
[01:22:42.620 --> 01:22:44.700]  issue a warrant.
[01:22:44.700 --> 01:22:47.020]  Problem is it doesn't say that.
[01:22:47.020 --> 01:22:53.680]  Exactly, that's what I'm going to, is the omission of, it surprises me, okay I can better
[01:22:53.680 --> 01:22:59.660]  understand a second arrest on the same offense if there's new evidence, but I've noticed
[01:22:59.660 --> 01:23:03.740]  the exclusion of that, that disturbs me too.
[01:23:03.740 --> 01:23:07.140]  Here's where I think that goes to.
[01:23:07.140 --> 01:23:16.220]  Where a person has been arrested and brought before a magistrate and probable cause found,
[01:23:16.220 --> 01:23:23.580]  he can be held in lieu of an indictment.
[01:23:23.580 --> 01:23:31.020]  So if they don't, if they arrest him and they hold him, maybe they release him on bond,
[01:23:31.020 --> 01:23:36.100]  and they're doing an investigation to try to present for an indictment.
[01:23:36.100 --> 01:23:43.120]  The examining court has found probable cause, but the prosecutor doesn't think he has
[01:23:43.120 --> 01:23:44.700]  enough to get an indictment.
[01:23:44.700 --> 01:23:53.060]  So he's trying to get more information and it takes too long, and they dismiss for delay.
[01:23:53.060 --> 01:24:00.740]  Then once the prosecutor gets his information, then he can come back and petition for indictment.
[01:24:00.740 --> 01:24:03.780]  Does that make sense?
[01:24:03.780 --> 01:24:12.340]  It does, but the tacit implication is that there's either new evidence or more information
[01:24:12.340 --> 01:24:17.100]  to the case, and if that's the case, then I can further understand, but it just seems
[01:24:17.100 --> 01:24:20.060]  kind of vague and ambiguous the way it's written.
[01:24:20.060 --> 01:24:25.300]  I had to read that a couple of times before it kind of sunk in.
[01:24:25.300 --> 01:24:32.260]  On first reading, it was a bit disturbing, it appeared to be double jeopardy, but a dismissal
[01:24:32.260 --> 01:24:37.420]  is not an adjudication, so it doesn't exactly go to double jeopardy.
[01:24:37.420 --> 01:24:43.260]  Now we're going to go to the two that are the most important in chapter 15.
[01:24:43.260 --> 01:24:47.640]  15-15 is repealed.
[01:24:47.640 --> 01:24:48.860]  How a warrant is executed.
[01:24:48.860 --> 01:24:54.160]  The officer or person executing a warrant of arrest shall, without unnecessary delay,
[01:24:54.160 --> 01:24:59.620]  take the person or have him taken before the magistrate who issued the warrant or before
[01:24:59.620 --> 01:25:03.900]  the magistrate named in the warrant, if the magistrate is in the same county where the
[01:25:03.900 --> 01:25:05.760]  person is arrested.
[01:25:05.760 --> 01:25:11.540]  If the issuing or named magistrate is in another county, the person arrested shall, without
[01:25:11.540 --> 01:25:18.660]  unnecessary delay, be taken before some magistrate in the county in which he was arrested.
[01:25:18.660 --> 01:25:25.340]  Now standing subsection A, to provide more expeditiously to the person arrested the warnings
[01:25:25.340 --> 01:25:28.700]  described in 15-17.
[01:25:28.700 --> 01:25:35.860]  This is not an examining trial, but merely to provide the warnings and the warnings go
[01:25:35.860 --> 01:25:38.260]  to Miranda.
[01:25:38.260 --> 01:25:43.180]  The officer or person executing the arrest warrant may, as permitted by this article,
[01:25:43.180 --> 01:25:50.140]  make the person arrested before a magistrate in a county other than the county of arrest.
[01:25:50.140 --> 01:26:00.100]  Okay, 15-17, 15-17 was designed to not be readable.
[01:26:00.100 --> 01:26:07.300]  It is almost a full page of one paragraph.
[01:26:07.300 --> 01:26:11.580]  And it tells, okay, in each case enumerating the code, the person making the arrest or
[01:26:11.580 --> 01:26:16.980]  the person having conduct, having custody of the person arrested shall, without unnecessary
[01:26:16.980 --> 01:26:22.660]  delay, but not later than 48 hours after the person is arrested, take the person arrested
[01:26:22.660 --> 01:26:27.180]  or have him taken before some magistrate of the county where the accused was arrested
[01:26:27.180 --> 01:26:35.580]  to provide or to provide more expeditiously the person arrested, the warnings described
[01:26:35.580 --> 01:26:41.100]  in this article before a magistrate in any other county in the state, repeat 16.
[01:26:41.100 --> 01:26:44.940]  And then it goes into all of the things the magistrate must do here.
[01:26:44.940 --> 01:26:51.580]  Okay, the arrested person may be taken before the magistrate in person or by image.
[01:26:51.580 --> 01:26:57.420]  The magistrate shall inform the language, the person arrested, form in clear language
[01:26:57.420 --> 01:27:03.480]  the person arrested either in person or through the electronic broadcast system of an accusation.
[01:27:03.480 --> 01:27:10.260]  This goes through some things that he must do, but doesn't go through everything.
[01:27:10.260 --> 01:27:14.340]  And I won't read all of this, it's way too confusing.
[01:27:14.340 --> 01:27:23.000]  We go to chapter 16, when a person is brought before a magistrate or when a magistrate sits
[01:27:23.000 --> 01:27:24.000]  for the purpose…
[01:27:24.000 --> 01:27:28.700]  Hey Randy, before you get to 16, I'd like to make a point here.
[01:27:28.700 --> 01:27:35.620]  In conversation before the show, I made the offhanded comment that it seems that something
[01:27:35.620 --> 01:27:45.540]  was left out of the curriculum and your research into the curriculum for Justice of the Peace
[01:27:45.540 --> 01:27:54.260]  and other public officials, keeping in mind folks that are public officials, you don't
[01:27:54.260 --> 01:27:55.260]  just elect them.
[01:27:55.260 --> 01:27:56.260]  They've got like JPs.
[01:27:56.260 --> 01:28:01.820]  They've got to go to college and take a course to learn how to be a JP.
[01:28:01.820 --> 01:28:06.660]  And in college, you're going to have a strict curriculum you go by.
[01:28:06.660 --> 01:28:11.160]  But you've noticed, Randy, if I'm not mistaken, that there is a very careful omission
[01:28:11.160 --> 01:28:14.340]  of the majority of chapter 16.
[01:28:14.340 --> 01:28:21.020]  There's a very careful omission of chapter 16 completely.
[01:28:21.020 --> 01:28:29.420]  Now, I'll go ahead and read this quickly because it sounds like chapter 16.
[01:28:29.420 --> 01:28:36.660]  The magistrate shall inform in clear language the person arrested either in person or through
[01:28:36.660 --> 01:28:43.020]  electronic broadcast system of the accusation against him and of any affidavit filed therewith
[01:28:43.020 --> 01:28:47.480]  of his right to retain counsel, of his right to remain silent, of his right to have an
[01:28:47.480 --> 01:28:53.260]  attorney present during any interview with a peace officer or attorneys representing
[01:28:53.260 --> 01:28:58.540]  the state, of his right to terminate the interview at any time, of his right to have an examining
[01:28:58.540 --> 01:29:00.660]  trial.
[01:29:00.660 --> 01:29:05.660]  They arrest you, they take you to jail, and they advise you of all of these rights, one
[01:29:05.660 --> 01:29:12.100]  of which is that you have a right to an examining trial while they are in the process of denying
[01:29:12.100 --> 01:29:16.100]  you the right to an examining trial.
[01:29:16.100 --> 01:29:19.980]  The magistrate shall also inform the person arrested and the person's right to request
[01:29:19.980 --> 01:29:22.580]  the appointment of counsel if the person cannot afford counsel.
[01:29:22.580 --> 01:29:26.580]  The magistrate shall inform the person arrested of the procedures for requesting appointment
[01:29:26.580 --> 01:29:29.620]  of counsel if the person does not speak or understand English.
[01:29:29.620 --> 01:29:35.060]  I'm not going to read all of this because this goes to chapter 16.
[01:29:35.060 --> 01:29:40.060]  It references the procedures for appointing counsel, but doesn't say what they are, doesn't
[01:29:40.060 --> 01:29:41.060]  need to.
[01:29:41.060 --> 01:29:43.060]  They're in chapter 16.
[01:29:43.060 --> 01:29:48.460]  So, we're going to go to chapter 16, chapter 16.
[01:29:48.460 --> 01:29:52.900]  I bet we go to break before we go to chapter 16.
[01:29:52.900 --> 01:29:54.220]  Good bet that we will.
[01:29:54.220 --> 01:29:58.300]  Well, I'll finish this up in the next segment, so I'll turn the phones on now.
[01:29:58.300 --> 01:30:01.300]  We'll be right back.
[01:30:01.300 --> 01:30:04.380]  Brown, Polly wants a cracker.
[01:30:04.380 --> 01:30:08.700]  Teaching birds to talk can be fun, but one woman is landed in court for taking it just
[01:30:08.700 --> 01:30:09.940]  a little too far.
[01:30:09.940 --> 01:30:14.660]  I'm Dr. Catherine Albrecht, back with the case of the cussing cockatoo and the jilted
[01:30:14.660 --> 01:30:17.020]  spouse next.
[01:30:17.020 --> 01:30:18.740]  Privacy is under attack.
[01:30:18.740 --> 01:30:22.340]  When you give up data about yourself, you'll never get it back again.
[01:30:22.340 --> 01:30:27.340]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.340 --> 01:30:32.460]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.460 --> 01:30:35.100]  Privacy, it's worth hanging onto.
[01:30:35.100 --> 01:30:40.780]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[01:30:46.060 --> 01:30:51.140]  They say hell hath no fury like a woman scorned, and a divorced woman in Rhode Island is no
[01:30:51.140 --> 01:30:52.400]  exception.
[01:30:52.400 --> 01:30:57.540]  She trained her pet cockatoo, Willie, to call her ex-husband's new girlfriend a bleeping
[01:30:57.540 --> 01:31:01.940]  whore, which would have been harmless, except the ex-hubby and his girlfriend lived right
[01:31:01.940 --> 01:31:03.580]  next door.
[01:31:03.580 --> 01:31:08.280]  After weeks of putting up with Willie's insulting squawks, the couple finally sued, and a local
[01:31:08.280 --> 01:31:13.520]  judge fined the woman $15 for violating the town's animal noise ordinance.
[01:31:13.520 --> 01:31:16.660]  She refused to pay, and she's now fighting the case in state court.
[01:31:16.660 --> 01:31:21.500]  But what I don't get is why those bird-brained lovebirds don't just fly the coop and find
[01:31:21.500 --> 01:31:23.140]  a new roost somewhere else.
[01:31:23.140 --> 01:31:24.140]  Brock?
[01:31:24.140 --> 01:31:31.240]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:31:36.620 --> 01:31:38.940]  The government says that fire brought it down.
[01:31:38.940 --> 01:31:43.660]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:49.100 --> 01:31:50.460]  I'm not a conspiracy theorist.
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[01:33:35.120 --> 01:33:49.840]  back, Randy Kelton stepping on Steve Skidmore. I was excited. We were going to chapter 16.
[01:33:49.840 --> 01:33:57.080]  All of this stuff I've read so far was leading up to chapter 16. And when we talk about these
[01:33:57.080 --> 01:34:03.680]  things being very well put together, this one is. And if I was just looking at the training
[01:34:03.680 --> 01:34:14.440]  manuals for JPs. And chapter 16 is very carefully avoided. Let's go to chapter 16, the commitment
[01:34:14.440 --> 01:34:24.600]  or discharge of the accused. Article 16.01 examining trial. When the accused has been
[01:34:24.600 --> 01:34:32.420]  brought before a magistrate for an examining trial, that officer shall proceed to examine
[01:34:32.420 --> 01:34:39.640]  into the truth of the accusation made, allowing the accused, however, sufficient time to procure
[01:34:39.640 --> 01:34:45.320]  counsel. In a proper case, the magistrate may appoint counsel to represent an accused
[01:34:45.320 --> 01:34:51.980]  in such examining trial only to be compensated as otherwise provided in this code. The accused
[01:34:51.980 --> 01:34:59.600]  in any felony case shall have the right to an examining trial before indictment in the
[01:34:59.600 --> 01:35:09.840]  county having jurisdiction of the offense. What is wrong with Governor Perry's picture?
[01:35:09.840 --> 01:35:18.760]  He didn't get due process. He never had an examining trial. They went
[01:35:18.760 --> 01:35:27.520]  straight to an indictment. What part of this is hard to understand? You cannot petition
[01:35:27.520 --> 01:35:35.280]  for indictment until it's been arrested and brought before a magistrate.
[01:35:35.280 --> 01:35:42.480]  It must be the part that's inconvenient. Yeah, let me read that again.
[01:35:42.480 --> 01:35:45.320]  That's the part they didn't understand is the inconvenient part.
[01:35:45.320 --> 01:35:52.520]  Oh, that part. Administrative convenience and adjudicative expediency. The accused in
[01:35:52.520 --> 01:35:59.880]  any felony case shall have the right to an examining trial before indictment in the county
[01:35:59.880 --> 01:36:06.120]  having jurisdiction of the offense, whether he be in custody or on bail, at which time
[01:36:06.120 --> 01:36:13.440]  the magistrate at the hearing shall determine the amount or sufficiency of bail if available
[01:36:13.440 --> 01:36:19.960]  case. If the accused has been transferred for criminal prosecution after hearing under
[01:36:19.960 --> 01:36:25.840]  the 54.02 family code, the accused may be granted an examining trial at the discretion
[01:36:25.840 --> 01:36:30.400]  of the court. That part is specific to the family code?
[01:36:30.400 --> 01:36:41.840]  Yes, that's specific to family code. Okay, that's 16.01. 16.02, examination postponed.
[01:36:41.840 --> 01:36:48.600]  I have had a magistrate at a magistrate's hearing say, well, if you want an examining
[01:36:48.600 --> 01:36:55.640]  trial, we'll just hold you in jail until we consent one. That's not what this says.
[01:36:55.640 --> 01:37:04.400]  The magistrate may at the request of either party postpone examination to procure testimony,
[01:37:04.400 --> 01:37:11.240]  but the accused shall in the meanwhile be detained in custody unless he give bail to
[01:37:11.240 --> 01:37:17.040]  present from day to day before the magistrate until the examination is concluded, which
[01:37:17.040 --> 01:37:24.920]  he may do in all cases except murder and treason. We'll go to chapter 17, and it will state
[01:37:24.920 --> 01:37:32.520]  that a citizen has a right to bail in all cases except capital murder and treason, I
[01:37:32.520 --> 01:37:38.320]  think. It names those couple of things where he doesn't have a right to bail.
[01:37:38.320 --> 01:37:52.240]  So here, okay, let me just keep going. Warning to accused before the examination of the witnesses,
[01:37:52.240 --> 01:38:00.180]  the magistrate shall inform the accused that it is his right to make a statement relative
[01:38:00.180 --> 01:38:05.560]  to the accusation brought against him, but at the same time shall also inform him that
[01:38:05.560 --> 01:38:10.920]  he cannot be compelled to make any statement whatever, and that if he does make such statement,
[01:38:10.920 --> 01:38:16.400]  it may be used in evidence against him. These are some of the warnings they talked about
[01:38:16.400 --> 01:38:31.000]  in 1517, 1516, and 1406. Okay, voluntary statement. Let me back up to 16.03. If you've ever
[01:38:31.000 --> 01:38:37.880]  been arrested and you're brought before the magistrate, they arrested me in Williamson
[01:38:37.880 --> 01:38:43.120]  County when I tried to file criminal charges against the district attorney. They brought
[01:38:43.120 --> 01:38:44.120]  me before a magistrate.
[01:38:44.120 --> 01:38:46.880]  I didn't know that was illegal.
[01:38:46.880 --> 01:38:54.280]  I didn't either, but at the time they did anything they wanted to. When they brought
[01:38:54.280 --> 01:39:00.040]  me before the magistrate, I said, Your Honor, I see that you have a folder there in front
[01:39:00.040 --> 01:39:08.320]  of you. Does that folder have anything about me in there? He said, Well, yes, as a matter
[01:39:08.320 --> 01:39:18.680]  of fact, it does. Where did you get that? And that stopped him cold. He was a lawyer
[01:39:18.680 --> 01:39:27.320]  and I think he got exactly where I was going. He's sitting up here as a judge. I am the
[01:39:27.320 --> 01:39:40.120]  defendant. He has evidence before him and I'm asking him how he got that. Well, okay,
[01:39:40.120 --> 01:39:47.040]  here's the problem. Before the examination of the witnesses, the magistrate shall inform
[01:39:47.040 --> 01:39:51.800]  you accuse his right to make a statement. So you have a right to make a statement to
[01:39:51.800 --> 01:39:57.560]  the court before the court looks at evidence against you.
[01:39:57.560 --> 01:40:08.640]  And here he's looking at a statement by the accuser. So they can't give that file
[01:40:08.640 --> 01:40:19.000]  to the judge if it has a statement by the officer until they brought you before the
[01:40:19.000 --> 01:40:27.120]  magistrate. The only thing they give to the magistrate is a complaint and that's sufficient.
[01:40:27.120 --> 01:40:35.600]  So they deny you and your right to, you get first say, and they deny that. Okay. Voluntary
[01:40:35.600 --> 01:40:38.880]  statement, we read that.
[01:40:38.880 --> 01:40:44.160]  Why is that important? It's important because the evidence placed before the magistrate
[01:40:44.160 --> 01:40:50.360]  may prejudice him. Him.
[01:40:50.360 --> 01:40:53.280]  Or her. You're talking about the accused.
[01:40:53.280 --> 01:41:01.480]  The judge or the magistrate rather. Okay. Putting evidence against the accused before
[01:41:01.480 --> 01:41:09.200]  the magistrate before having an examining trial would be prejudicial to the court. And
[01:41:09.200 --> 01:41:17.760]  would also fail to abide by the rules of evidence, which we'll get to, it's in here. Before
[01:41:17.760 --> 01:41:23.080]  evidence is presented to the judge, the accused has a right to examine the evidence and raise
[01:41:23.080 --> 01:41:29.880]  objections. And that would deny him in that right. Okay. Then we get a voluntary statement
[01:41:29.880 --> 01:41:35.920]  that tells him that you have a right to enter a voluntary statement, but you can't be
[01:41:35.920 --> 01:41:42.880]  compelled and it can be used against you. 1606, counsel may examine witnesses. The counsel
[01:41:42.880 --> 01:41:49.080]  for the state and the accused or his counsel may question the witnesses on direct or cross
[01:41:49.080 --> 01:41:56.040]  examination. If no counsel appears for the state, the magistrate may examine the witnesses.
[01:41:56.040 --> 01:42:01.720]  Who here has been arrested, brought before a magistrate and there was a witness against
[01:42:01.720 --> 01:42:12.760]  you. You had a right to examine the witness. That's why the officer should bring you
[01:42:12.760 --> 01:42:18.000]  directly to the magistrate. He's the accuser.
[01:42:18.000 --> 01:42:25.160]  Yeah. And he's got to be there. You're taking Torrey in jail, he goes home, and then
[01:42:25.160 --> 01:42:37.360]  you denied your right. Okay. 16.07, same rules of evidence as on final trial. The same rules
[01:42:37.360 --> 01:42:45.640]  of evidence shall apply to and govern a trial before an examining court that apply and govern
[01:42:45.640 --> 01:42:54.960]  a final trial. That means for that judge to have anything more than a criminal complaint,
[01:42:54.960 --> 01:43:03.640]  if he has anything that contains evidence, he got it in violation of 16.07. 16.8, presence
[01:43:03.640 --> 01:43:10.000]  of the accused. The examination of each witness shall be in the presence of the accused. So
[01:43:10.000 --> 01:43:16.920]  the magistrate comes in with a file, which he's obviously already read. So it appears
[01:43:16.920 --> 01:43:22.520]  as though an examining trial has already been held.
[01:43:22.520 --> 01:43:29.600]  And you weren't invited. Exactly. You were being held in jail and prevented from intending.
[01:43:29.600 --> 01:43:34.200]  Testimony reduced to writing. The testimony of each witness shall be reduced to writing
[01:43:34.200 --> 01:43:43.760]  by or under the direction of the magistrate and shall then be read over to the witnesses.
[01:43:43.760 --> 01:43:49.280]  Or he may read it over himself. Such corrections shall be made in the same as the witness may
[01:43:49.280 --> 01:43:56.720]  direct and he shall then sign the same by affixing hereto his name or mark. And we'll
[01:43:56.720 --> 01:44:00.320]  be right back after this message.
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[01:45:57.560 --> 01:46:15.360]  866-LAW-EASY.
[01:46:27.560 --> 01:46:47.680]  Welcome back to Rule of Law Radio folks. Just a very brief explanation. Some of the technology
[01:46:47.680 --> 01:46:57.320]  that we're using when we're speaking, it suppresses other sounds, callers and so forth. The bumper
[01:46:57.320 --> 01:47:03.980]  music. So when Randy's speaking, he doesn't have that early warning that the music comes
[01:47:03.980 --> 01:47:09.560]  in at 30 seconds before we go out. But if he's talking, he doesn't hear it. So if he's
[01:47:09.560 --> 01:47:17.160]  reading, he's not watching the clock. So I don't multitask well. You don't multitask
[01:47:17.160 --> 01:47:20.540]  well. You need a third eye in the middle of your forehead and you'd look funnier than
[01:47:20.540 --> 01:47:28.520]  you already do. But anyway, did you put your finger on that spot where you left off, Randy?
[01:47:28.520 --> 01:47:30.080]  Yes, I did.
[01:47:30.080 --> 01:47:33.580]  Good. Pick up from there.
[01:47:33.580 --> 01:47:39.600]  Testimony of a witness has to be in writing. And the witness can correct it and then he
[01:47:39.600 --> 01:47:45.260]  has to approve it. This has to be kept. And there will be a reference to this later on
[01:47:45.260 --> 01:47:51.240]  in Chapter 17. And then we get an attachment of witnesses. I'm not going to read all these.
[01:47:51.240 --> 01:47:57.240]  Witness need not be tendered his witness fees or expenses. Attachment executed forthwith.
[01:47:57.240 --> 01:48:03.840]  Postponement. You know what an attachment of a witness is. I mean, they come and arrest
[01:48:03.840 --> 01:48:13.040]  you. They can arrest you as a witness and you don't have to be accused of a crime. But
[01:48:13.040 --> 01:48:20.860]  we're going to go down to 1617. This is really, really important. Now, if you have ever been
[01:48:20.860 --> 01:48:36.040]  arrested and they had one of these magistration things. Listen to this one. Decision of judge.
[01:48:36.040 --> 01:48:42.000]  After the examining trial has been had, the judge shall make an order committing the defendant
[01:48:42.000 --> 01:48:48.740]  to the jail, to the jail of the proper county, discharging him or admitting him to bail as
[01:48:48.740 --> 01:48:55.120]  the law and the facts of the case require failure of the judge to make or enter an order
[01:48:55.120 --> 01:49:02.460]  within 48 hours after the examining trial has been completed, operates as a finding
[01:49:02.460 --> 01:49:10.340]  of no probable cause and the accused shall be discharged.
[01:49:10.340 --> 01:49:18.940]  So here's the discharge. I take means released. Yes. Okay. So here is the deal. If you went
[01:49:18.940 --> 01:49:27.800]  before a magistrate and they did this magistration thing and they did not issue an order under
[01:49:27.800 --> 01:49:36.920]  16.17, then by statute, you have a right to be discharged. You have the right to essentially
[01:49:36.920 --> 01:49:42.780]  the case is dismissed. As an operation of law.
[01:49:42.780 --> 01:49:50.280]  If you went before a magistrate and they did this magistration thing and there is an order
[01:49:50.280 --> 01:50:01.420]  under 16.17, then you absolutely had an examining trial. Now you go back and did they do all
[01:50:01.420 --> 01:50:11.180]  these things we talked about in the examining trial. I have never had a judge do those things,
[01:50:11.180 --> 01:50:17.140]  never had the witness present. So if all of those things weren't present, then you've
[01:50:17.140 --> 01:50:24.180]  been denied an examining trial and the trial court cannot have jurisdiction.
[01:50:24.180 --> 01:50:27.780]  Over the person on them or subject matter?
[01:50:27.780 --> 01:50:38.560]  We'll get to that in a second. Okay, commitment. A commitment is an order. None of this really,
[01:50:38.560 --> 01:50:42.740]  this is real specific stuff that doesn't go directly to due process. We're going
[01:50:42.740 --> 01:50:50.700]  to go to chapter 17. Definition of bail. I seldom come across someone who knows what
[01:50:50.700 --> 01:50:59.540]  bail is. If you have ever been arrested and released on bond, there is a problem with
[01:50:59.540 --> 01:51:00.540]  that.
[01:51:00.540 --> 01:51:03.580]  Bond does not bail.
[01:51:03.580 --> 01:51:11.700]  Exactly. The definition of bail, bail is the security given by the accused that he will
[01:51:11.700 --> 01:51:16.940]  appear and answer before the proper court. The accusation brought against him and includes
[01:51:16.940 --> 01:51:24.820]  a bail bond as a personal bond. They have changed this. It used to say it's in a written
[01:51:24.820 --> 01:51:34.020]  agreement. Let's go to 1702. Oh, here it is. Bail bond. A bail bond is a written undertaking
[01:51:34.020 --> 01:51:41.500]  entered into by the defendant and the defendant's sureties for the appearance of the principal
[01:51:41.500 --> 01:51:47.840]  therein before a court or magistrate to answer a criminal accusation, provided, however,
[01:51:47.840 --> 01:51:54.740]  that the defendant on execution of the bail bond may deposit with the custodian of funds
[01:51:54.740 --> 01:51:59.960]  of the court in which the prosecution is pinned in current money of the United States in the
[01:51:59.960 --> 01:52:07.020]  amount of the bond in lieu of having sureties signed the same.
[01:52:07.020 --> 01:52:17.300]  It is clear by this, bond is an option. If you don't own any property, it goes on to
[01:52:17.300 --> 01:52:26.680]  say that in the actual bond form itself, you must swear that you and your sureties exclusive
[01:52:26.680 --> 01:52:35.180]  of all encumbrances are worth in excess of double the amount of the bond. If you can't
[01:52:35.180 --> 01:52:41.740]  do that, if you don't have any property that you can put up as surety, then you have the
[01:52:41.740 --> 01:52:45.060]  option of putting up cash. Okay, go ahead, Steve.
[01:52:45.060 --> 01:52:53.860]  Well, at the firm I work at, we recently had a problem in Harris County over a bond, a
[01:52:53.860 --> 01:53:00.020]  surety bond. The clerk was of the impression that, now keep in mind this is on the civil
[01:53:00.020 --> 01:53:06.900]  side, was under the impression that the surety or that our client had either come up with
[01:53:06.900 --> 01:53:14.820]  a couple of thousand bucks or go to a surety company, specifically, she didn't specify
[01:53:14.820 --> 01:53:22.900]  what company but said you've got to go do business with a bondsman or a surety company.
[01:53:22.900 --> 01:53:32.820]  Not so. If you have two credible friends, family members who can provide to the court
[01:53:32.820 --> 01:53:43.700]  or to the clerk an affidavit of sorts, depending on form, you got to check the county for specific
[01:53:43.700 --> 01:53:52.460]  form. But if you draft a bond in the correct form and format and have two suretys, your
[01:53:52.460 --> 01:53:58.220]  surety doesn't have to be a bond company or some bonding agent or a surety company.
[01:53:58.220 --> 01:54:03.180]  It can be a couple of friends who can provide an accounting and a good place to get your
[01:54:03.180 --> 01:54:09.100]  accounting would be, here in the state of Texas or probably any other state, would be
[01:54:09.100 --> 01:54:18.180]  to do a search for a form document in your statutes or on a government website for an
[01:54:18.180 --> 01:54:28.020]  affidavit of inability to pay costs. That affidavit of inability to pay court costs
[01:54:28.020 --> 01:54:29.680]  has an accounting.
[01:54:29.680 --> 01:54:34.740]  It has all of the information that the court is going to require about the surety's ability
[01:54:34.740 --> 01:54:40.980]  to make good on his promise to pay the bond if the bond be recalled, or if the bond be
[01:54:40.980 --> 01:54:48.740]  cashed or whatever.
[01:54:48.740 --> 01:54:58.780]  A word about inability to pay. Inability to pay does not mean that you must be absolutely
[01:54:58.780 --> 01:55:08.820]  destitute without a penny. Inability to pay would mean that having to pay this would be
[01:55:08.820 --> 01:55:16.780]  unduly onerous and would interfere with your ability to meet your personal obligations.
[01:55:16.780 --> 01:55:22.540]  Yeah, like if I got to pay this, I'm going to get my lights shut off or my kids are going
[01:55:22.540 --> 01:55:26.300]  to go hungry or we won't have gas to cook.
[01:55:26.300 --> 01:55:34.860]  Okay, now let me go a little more. I found it is still in here. There is a bail bond
[01:55:34.860 --> 01:55:40.940]  form. I'm not going to read all this stuff about bail bond, but if you ever expect to
[01:55:40.940 --> 01:55:41.940]  be
[01:55:41.940 --> 01:55:42.940]  Does it cover surety's?
[01:55:42.940 --> 01:55:43.940]  Yes.
[01:55:43.940 --> 01:55:49.980]  My point, my whole point in that was don't let the clerk bamboozle you into believing
[01:55:49.980 --> 01:55:56.100]  that you only have two options. That is to cough up the cash or go to some bond agent
[01:55:56.100 --> 01:55:59.020]  or a surety company.
[01:55:59.020 --> 01:56:04.380]  That goes to constitution and contracts. You can't be compelled to contract.
[01:56:04.380 --> 01:56:05.380]  Right.
[01:56:05.380 --> 01:56:15.100]  Their argument to that is that, well, we didn't specify which bond company. Oh, but you eliminated
[01:56:15.100 --> 01:56:20.740]  everybody but bond companies. That was my point was that they'll often do that. Many
[01:56:20.740 --> 01:56:25.700]  jurisdictions will do that because they think that's their normal course of business.
[01:56:25.700 --> 01:56:32.180]  They're used to dealing with bond companies. There's hundreds of them in most big towns.
[01:56:32.180 --> 01:56:37.180]  There's no shortage of bonding companies or surety companies who will write some type
[01:56:37.180 --> 01:56:41.540]  of surety or bond for you to get out of jail, whatever, but it's going to cost you an arm
[01:56:41.540 --> 01:56:48.060]  and a leg. Well, grandpa bill and your neighbor may not charge you an arm and a leg. They
[01:56:48.060 --> 01:56:51.780]  may not charge you anything. They'd just be willing to say, Hey, you're getting railroaded
[01:56:51.780 --> 01:56:56.660]  here. Yeah, I'll stand next to you. I'll pledge myself.
[01:56:56.660 --> 01:57:03.460]  Okay. Requisites of a personal bond. A personal bond is sufficient if it includes the requisites
[01:57:03.460 --> 01:57:11.660]  of a bail bond is set out in article 17.08, except that no suretys are required. In addition,
[01:57:11.660 --> 01:57:19.300]  a personal bond shall contain the defendant's name, address, place of employment, identification
[01:57:19.300 --> 01:57:23.500]  information, including the defendant's date of birth, place of birth, height, weight,
[01:57:23.500 --> 01:57:31.220]  color bias, heritage, driver's license number, and state of insurance. If any nearest relatives
[01:57:31.220 --> 01:57:37.020]  name and address of any, the following oaths, sworn and signed by the defendant, I swear
[01:57:37.020 --> 01:57:44.540]  that I will appear before the court or magistrate at address city state, Texas on the date at
[01:57:44.540 --> 01:57:52.660]  the hour or time or upon notice by the court or pay the court the principal sum of an amount
[01:57:52.660 --> 01:57:59.900]  plus all necessary reasonable expenses incurred in any arrest for failure to appear.
[01:57:59.900 --> 01:58:05.620]  That's why they want you surety or your bond. Well, that one was a personal bond. Now here's
[01:58:05.620 --> 01:58:11.020]  requisite of a bail bond. A bail bond must contain the following requisites that it be
[01:58:11.020 --> 01:58:17.820]  made payable to the state of Texas. The defendant has suretys and his suretys, if any, bind
[01:58:17.820 --> 01:58:22.620]  themselves that the defendant will appear before the proper court or magistrate to answer
[01:58:22.620 --> 01:58:28.140]  the accusation against him. If the defendant is charged with a felony, that it state that
[01:58:28.140 --> 01:58:31.580]  he is charged with a felony. If the defendant is charged with a misdemeanor, the state is
[01:58:31.580 --> 01:58:38.940]  charged with a misdemeanor. The bond be signed by name or mark by the principal and suretys,
[01:58:38.940 --> 01:58:44.540]  if any, each of whom shall write there on his mailing address that the bond state the
[01:58:44.540 --> 01:58:50.400]  time and place and when and where the accused binds himself to appear and the court.
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