ROL_2018-05-21_16k.timecode

[00:00.000 --> 00:07.360]  The following newsflash is brought to you by The Low Star Lowdown, providing you with
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[00:23.600 --> 00:29.640]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
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[00:55.560 --> 01:01.240]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01.240 --> 01:06.080]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.080 --> 01:08.000]  religion, sex, or national origin.
[01:08.000 --> 01:13.200]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.200 --> 01:18.320]  in public schools, in employment, and public accommodations for places of business.
[01:18.320 --> 01:24.000]  Today in History.
[01:24.000 --> 01:28.000]  For recent news, tensions in Syria seem to reach new levels after a chemical attack
[01:28.000 --> 01:32.280]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.280 --> 01:36.720]  is being blamed on the democratically elected President of Syria Bashar al-Assad by the
[01:36.720 --> 01:41.480]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.480 --> 01:43.360]  evidence as of yet.
[01:43.360 --> 01:46.840]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:46.840 --> 01:51.200]  any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice
[01:51.200 --> 01:52.920]  and new and smart.
[01:52.920 --> 01:56.480]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:56.480 --> 01:58.640]  kills his people and enjoys it.
[01:58.640 --> 02:02.680]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.680 --> 02:06.840]  attack must have been conducted by Assad and his forces.
[02:06.840 --> 02:11.080]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.080 --> 02:15.720]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.720 --> 02:19.440]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.040]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.040 --> 02:28.800]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.800 --> 02:32.560]  notorious splinter groups of the American-backed Syrian rebels.
[02:32.560 --> 02:37.880]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[02:37.880 --> 02:42.200]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.200 --> 02:44.440]  has been fighting terrorists.
[02:44.440 --> 02:48.280]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[02:48.280 --> 02:55.280]  be no evidence for international inspectors to look at?
[03:18.280 --> 03:26.400]  This is what happens when you call the cops, you get your rights violated or you all get
[03:26.400 --> 03:27.400]  shot.
[03:27.400 --> 03:28.400]  I think the people being victimized by criminal cops, psychopathic predators, terrorize the
[03:28.400 --> 03:29.400]  neighborhood blocks.
[03:29.400 --> 03:30.400]  They quit with pepper spray, make cupcakes and glocks.
[03:30.400 --> 03:31.400]  They're like serial killers acting out subliminal thoughts.
[03:31.400 --> 03:32.400]  Forget what you taught.
[03:32.400 --> 03:33.400]  The cops have got a license to kill.
[03:33.400 --> 03:34.400]  What this intimidation means is they can use it, it will.
[03:34.400 --> 03:35.400]  Code of silence means that the pigs will never let out a squeal.
[03:35.400 --> 03:36.400]  And if they go to court, they know the judge will make them a deal.
[03:36.400 --> 03:37.400]  For real, that's why they're stopping me, locking me up and stopping me, complicating
[03:37.400 --> 03:38.400]  my poverty, talking in my mouth.
[03:38.400 --> 03:53.760]  Making the poor commodity, prostiting offing poverty, and forced to politics before the
[03:53.760 --> 03:55.760]  prison economy.
[03:55.760 --> 03:57.960]  No one makes money when the violence stops.
[03:57.960 --> 04:00.860]  Hating brutality is the way to make you criminal cross.
[04:00.860 --> 04:02.000]  But in the gutter's how to reach whether they're great at the top.
[04:02.000 --> 04:07.000]  This is what happens when you call the cops, this is what happens when you call the cops,
[04:07.000 --> 04:12.000]  this is what happens when you call the cops, this is what happens when you call the cops,
[04:12.000 --> 04:14.000]  you get your rights violated or you are...
[04:14.000 --> 04:15.000]  Alright folks, good evening.
[04:15.000 --> 04:19.000]  This is the Monday night rule of law radio show with your host Eddie Craig.
[04:19.000 --> 04:23.000]  It is May 21st, 2018.
[04:23.000 --> 04:24.000]  We are live tonight.
[04:24.000 --> 04:26.000]  This is not a recording.
[04:26.000 --> 04:32.000]  Now, what I want to go over with tonight before I turn the caller board on and start taking your calls
[04:32.000 --> 04:39.000]  is some information relating to the taking and entering of a plea in a Class C fine only case
[04:39.000 --> 04:45.000]  and how they also use this in relation to your representation of counsel issue.
[04:45.000 --> 04:54.000]  Now, the Texas Constitution nor the Code of Criminal Procedure except in one place where that was recently amended by the way,
[04:54.000 --> 05:04.000]  the Texas Constitution does not recognize a distinction between what level of an offense is required for your right to counsel to attach.
[05:04.000 --> 05:09.000]  In other words, the Texas Constitution doesn't say that you only have the right to counsel in felonies,
[05:09.000 --> 05:15.000]  that you only have the right to counsel if you can be sentenced to confinement in jail or some other type of thing,
[05:15.000 --> 05:26.000]  or any other thing, or if your punishment is fine only, nothing in the Texas Constitution's bill of rights says that your right to counsel can be limited
[05:26.000 --> 05:31.000]  according to how they want to punish you, yet they do that.
[05:31.000 --> 05:43.000]  Now, part of the problem with this is, is one, in the Class C fine onlys, if you don't pay the fine, then what can they do to you?
[05:43.000 --> 05:49.000]  They throw you in jail for non-payment, which is unconstitutional on its face,
[05:49.000 --> 05:52.000]  or they sentence you to community service.
[05:52.000 --> 05:56.000]  Either of those is confinement.
[05:56.000 --> 06:06.000]  In one form or another, it's confinement, which according to law is not something that they can do in relation to the offense.
[06:06.000 --> 06:14.000]  So they make up this thing that says, we're not putting you in jail for the offense itself that you were convicted of,
[06:14.000 --> 06:21.000]  we're putting you in jail for not paying the fine that we found you guilty of in that offense to have to pay.
[06:21.000 --> 06:28.000]  A distinction without a difference for all purposes.
[06:28.000 --> 06:37.000]  Okay? Now, the real crux of this comes down to when they intentionally falsify the record,
[06:37.000 --> 06:43.000]  not only to deny you in your ability to have counsel, but in the entering of a plea.
[06:43.000 --> 06:53.000]  Now, there's multiple ways they do this, but the most egregious way they do it is when they convert your failure or refusal to enter a plea
[06:53.000 --> 06:58.000]  into a false allegation of failing to appear.
[06:58.000 --> 07:03.000]  Now, there we have a real live criminal act.
[07:03.000 --> 07:11.000]  The falsification of a government record, the reporting of known false information to a government entity,
[07:11.000 --> 07:22.000]  misconduct in office, denial of due process, abuse of official capacity, and official oppression.
[07:22.000 --> 07:27.000]  Every single one of those are penal code offenses.
[07:27.000 --> 07:30.000]  Every single one.
[07:30.000 --> 07:34.000]  Two of them, at a minimum, are felonies.
[07:34.000 --> 07:37.000]  Okay? Two of them.
[07:37.000 --> 07:44.000]  Possibly three of them or four of them, depending upon the level of egregiousness involved.
[07:44.000 --> 07:55.000]  But they're committing felonies to violate your right to due process in a Class C fine-only misdemeanor.
[07:55.000 --> 08:03.000]  So this should tell you right off the bat how brazen these people are in what they do and how they do it
[08:03.000 --> 08:06.000]  and why they think they can get away with it.
[08:06.000 --> 08:11.000]  Because there is no way that the higher courts don't know that this is going on.
[08:11.000 --> 08:14.000]  There's no way they don't know.
[08:14.000 --> 08:21.000]  Because the very prosecutors that are practicing in these high courts are the same prosecutors teaching these low-level courts
[08:21.000 --> 08:24.000]  how to get away with this.
[08:24.000 --> 08:25.000]  So they know.
[08:25.000 --> 08:31.000]  In fact, the prosecutors are the ones that would have to be prosecuting these people for the crimes they're committing.
[08:31.000 --> 08:38.000]  Yet they are teaching them how to commit them.
[08:38.000 --> 08:42.000]  How's that for off-the-wall injustice?
[08:42.000 --> 08:55.000]  Now, when you do a search in the Code of Criminal Procedure for the term plea, P-L-E-A, you will come up with 23 hits.
[08:55.000 --> 09:11.000]  Out of those 23 hits, you will find the specific course of action that the magistrate slash judge is directed to take, not the clerk, not the prosecutor, the magistrate slash judge.
[09:11.000 --> 09:19.000]  They're the only ones that is authorized to conduct a proceeding for the purpose of the taking and entering of a plea into the record.
[09:19.000 --> 09:21.000]  Not the clerk, not the prosecutor.
[09:21.000 --> 09:28.000]  Nowhere in Texas law are any of those people allowed to do that if they're not a magistrate slash judge.
[09:28.000 --> 09:29.000]  Okay?
[09:29.000 --> 09:31.000]  So here is the quandary.
[09:31.000 --> 09:41.000]  How can they report failure to appear when the statute specifically directs them to take a specific course of action in the absence of a plea?
[09:41.000 --> 09:58.000]  Can that plea be refused to be given by the accused or the accused demands the right to notice before entering a plea because the plea is unconscionable when they have not been properly notified of the allegations against them and the elements of the charge itself?
[09:58.000 --> 10:03.000]  That's all due process requirement and they're violating it.
[10:03.000 --> 10:16.000]  Let's see. The very first hit you will get in the code of criminal procedure dealing with the word plea is found in 1.051 of the code of criminal procedure in relation to assistance of counsel.
[10:16.000 --> 10:22.000]  And this is what it says in subsection G of 1.051.
[10:22.000 --> 10:36.000]  If a defendant wishes to waive the right to counsel for purpose of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the nature of the charges against the defendant.
[10:36.000 --> 10:44.000]  And if the defendant is proceeding to trial, the dangers and disadvantages of self representation.
[10:44.000 --> 11:01.000]  If the court determines that the waiver is voluntarily and intelligently made, the court shall provide the defendant with a statement substantially in the following form which is signed by the defendant shall be filed with and become part of the record of the proceedings.
[11:01.000 --> 11:14.000]  Now, the thing is, is this section is completely irrelevant in Class C cases because they completely throw out our right to assistance of counsel.
[11:14.000 --> 11:24.000]  Yet right here under our bill of rights within the code of criminal procedure, which is all of chapter one of the code of criminal procedure, it's all about the rights of the accused.
[11:24.000 --> 11:31.000]  This is one of only a couple of places where the term plea appears.
[11:31.000 --> 11:50.000]  Now, if we go down to another subsection G in 1.052, signed pleadings of a defendant, subsection G there reads, a plea of not guilty or no contest or no contender does not constitute a violation of this article.
[11:50.000 --> 11:59.000]  An allegation that an event took place or occurred on or about a particular date does not constitute a violation of this article.
[11:59.000 --> 12:13.000]  See nothing in there about the requirement to enter a plea or that the judge is allowed to convert the failure to enter the plea into a false allegation of failure to appear.
[12:13.000 --> 12:24.000]  Now, the third time it appears is in article 1.13, waiver of trial by jury. It appears in subsection A twice, okay?
[12:24.000 --> 12:40.000]  Where it says, the defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right upon entering a plea to waive the right of trial by jury.
[12:40.000 --> 12:55.000]  Conditioned, however, that, except as provided by article 27.19, the waiver must be made in person by the defendant in writing in open court with the consent and approval of the court and the attorney representing the state.
[12:55.000 --> 13:13.000]  The consent and approval by the court shall be entered of record on the minutes of the court and the consent and approval of the attorney representing the state shall be in writing signed by that attorney and filed in the papers of the cause before the defendant enters the defendant's plea.
[13:13.000 --> 13:28.000]  Now, plea again appears in article 1.15, jury in a felony. Well, jury in a felony is irrelevant in a Class C. However, it basically says the same thing as what we just read, okay?
[13:28.000 --> 13:40.000]  Then we go down and see if it appears in here again, and it does not. So those are the only occurrences of the term plea in Chapter 1 of the Code of Criminal Procedure, okay?
[13:40.000 --> 13:52.000]  So now let's look and see where else it appears. The next place it appears is in article 4.12, misdemeanor cases, precinct in which defendant to be tried in justice court.
[13:52.000 --> 14:09.000]  Go all the way down to sub-item D and we read, a defendant who is taken before a magistrate in accordance with article 15.18, may waive trial by jury and enter a written plea of guilty or no low contender.
[14:09.000 --> 14:25.000]  May. May is not mandatory. May is optional. Okay? Not mandatory. Optional. And here it only deals with a plea of guilty or no low contender in a JP court.
[14:25.000 --> 14:45.000]  Now we go down to 4.18, claim of underage. Again, irrelevant to most Class Cs unless you're talking about a kid, but if we look at sub-item B1, if the defendant enters a plea of guilty or no contest before the plea and then it just trails off from there, okay?
[14:45.000 --> 14:53.000]  The motion must be filed and presented to the presiding judge of the court, and that deals with the motion in relation to underage. So again, most of them are not us.
[14:53.000 --> 15:00.000]  So where else does it appear? Well, that's all that it appears in Chapter 4 or in Article 4, or Chapter 4.
[15:00.000 --> 15:13.000]  Now the next place it appears is in Article 6.10, Chapter 6 of the Code of Criminal Procedure, which deals with educational programs concerning certain offenses committed by minors, mandatory court attendance.
[15:13.000 --> 15:23.000]  And then we look at sub-item C of 6.10. The judge of a county court, 1, must take the defendant's plea in open court.
[15:23.000 --> 15:30.000]  Well, is the clerk sitting in open court? No. Is the prosecutor standing in open court when they do this? No. Why?
[15:30.000 --> 15:43.000]  1, the judge is not present. The judge is not called the courtroom to order. There is no proceeding in progress. Therefore, this is not open court.
[15:43.000 --> 15:54.000]  Okay? C2, shall issue a summons to compel the defendant's parent to be present during, A, the taking of the defendant's plea.
[15:54.000 --> 16:01.000]  Okay? That's all that appears in Chapter 6 is in 6.10.
[16:01.000 --> 16:09.000]  Now, next place we're up to. Let's see if we can get it back on the screen here where it was.
[16:09.000 --> 16:15.000]  I hate when this thing scrolls and it's not supposed to. Ah, here we go.
[16:15.000 --> 16:24.000]  Article 15.18, Arrest for Out of County Offense. Subsection A, number 2.
[16:24.000 --> 16:35.000]  A reads, A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place.
[16:35.000 --> 16:47.000]  Or, to provide more expeditiously to the arrested person, the warrant is described by Article 15.17 before a magistrate in any other county of this state, including the county where the warrant was issued.
[16:47.000 --> 16:53.000]  I'll finish that when we get back. Y'all hang in there and we'll return right after this break.
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[19:32.000 --> 19:38.000]  Alright folks, we are back. This is rule of law radio.
[19:38.000 --> 19:53.000]  And right now we are talking about the magistrates converting the failure or refusal or uninformed requirement to enter a plea and falsely converting that into a failure to appear.
[19:53.000 --> 20:06.000]  Now, again, article 15.18, subsection A, the last sentence of subsection A is the magistrate shall, and then we get to sub-item two of subsection A.
[20:06.000 --> 20:31.000]  In the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or null or contender, set a fine, determine costs, accept payment of the finding costs, give credit for the time served, determine indigency or, on satisfaction of the judgment, discharge the defendant as the case may indicate.
[20:31.000 --> 20:51.000]  Okay? Then we get to sub-item B of 15.18. Before the 11th business day, after the date of magistrate accepts a written plea of guilty or null or contender in a case under subsection A2, the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense, one, the written plea.
[20:51.000 --> 20:59.000]  Okay? Now, that is all that appears in chapter 15, dealing with a plea.
[20:59.000 --> 21:23.000]  Chapter 17, if we look at article 17A.06, appearance, subsection A, in all criminal actions instituted against a corporation or association in which original jurisdiction is in a district or county level court, sub-item two, B2, or B1, sorry,
[21:23.000 --> 21:33.000]  in all criminal actions instituted against a corporation or association in which original jurisdiction is in a justice court or corporation court, the appearance is for the purpose of entering a plea.
[21:33.000 --> 21:54.000]  And 17A07, subsection B, sub-item two, the court shall enter a plea of not guilty in its behalf. And again, this is what B reads. If a corporation or association does not appear in response to summons or appears but fails or refuses to plead, the court shall enter a plea of not guilty on its behalf.
[21:54.000 --> 22:06.000]  And subsection C, if having appeared in an inter-day plea in response to summons, a corporation or association is absent without good cause at any time during later proceedings.
[22:06.000 --> 22:22.000]  Now, get this, okay? Right here it's saying that even if the case against a corporation is criminal, okay, if the corporation does not appear by counsel, no arrest warrant is issued for anybody, even in a criminal case.
[22:22.000 --> 22:27.000]  You get that? No arrest warrant is issued. Only a substance to appear.
[22:27.000 --> 22:37.000]  Now under Class C, fine only, there is no authority, or at least there hasn't been any authority. I haven't checked in the past couple of sessions to verify that still.
[22:37.000 --> 22:52.000]  But the way article 15.17 is written under subsection G and 14.06 B and C are written, there is no lawful authority granted to a court to issue a warrant for failure to appear in relation to a Class C.
[22:52.000 --> 22:58.000]  They are only allowed to do that in the case of A and B misdemeanors but not Class Cs.
[22:58.000 --> 23:12.000]  I covered this a long time ago multiple times. There's paperwork in the seminar material about it as well. They're not authorized, or at least they were not authorized to issue warrants for Class C fine onlys if you failed to appear.
[23:12.000 --> 23:25.000]  They weren't even allowed to charge you with failure to appear. The only time they could do that was under a particular section of the transportation code but you had to be engaged in transportation before that would be applicable, okay?
[23:25.000 --> 23:33.000]  Now, is there anything else in Chapter 7 dealing with the entering of a plea? No, there's not.
[23:33.000 --> 23:39.000]  And Chapter 17 is all about corporations. It's not about individuals. So that wouldn't apply to us anyway.
[23:39.000 --> 23:47.000]  But I'm covering all the bases on the entering of a plea just so we know where these courts are supposedly coming from or at least trying to come from.
[23:47.000 --> 23:54.000]  Next place that appears in the Code of Criminal Procedure is in Chapter 26 under Article 26.02, Purpose of Arraignment.
[23:54.000 --> 24:00.000]  An arraignment takes place for the purpose of fixing his identity and hearing his plea, okay?
[24:00.000 --> 24:06.000]  Well, under Chapter 45, the plea is not entered until the jury has been in panel 4 trial.
[24:06.000 --> 24:18.000]  So this chapter in a Class C fine only would be overridden by the section in Chapter 45 because it is local and specific to Class Cs while this is general to crimes in general, okay?
[24:18.000 --> 24:25.000]  So this would not be the controlling statute. They misuse this chapter all the time, okay?
[24:25.000 --> 24:30.000]  They don't even bother to look at what it takes. They just do it how they want to do it.
[24:30.000 --> 24:40.000]  Now, is there any other place over here? Oh, yeah, here we go. 26.12 of Chapter 26, plea of not guilty entered.
[24:40.000 --> 24:46.000]  If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court.
[24:46.000 --> 24:53.000]  If he refuses to answer the plea of not guilty shall be entered in light manner be entered, okay?
[24:53.000 --> 25:05.000]  So if the person refuses to enter a plea under Chapter 26, then a plea of not guilty is the only thing the magistrate is authorized to put into the record, okay?
[25:05.000 --> 25:21.000]  Not a failure to appear. Now, again, Chapter 26 would not apply here because Chapter 45 is controlling over the entering of a plea in Class C fine onlys while this is general to every other level of offense, all right?
[25:21.000 --> 25:25.000]  Then we look at 26.13, plea of guilty.
[25:25.000 --> 25:35.000]  Subsection A, prior to accepting a plea of guilty or a plea of null or contender, the court shall admonish the defendant of one, the range of the punishment attached to the offense,
[25:35.000 --> 25:44.000]  two, the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court, provided that the court shall require as to the existence or inquire,
[25:44.000 --> 25:56.000]  as to the existence of a plea bargain agreement between the state and the defendant, and if an agreement exists, the court shall inform the defendant whether it will follow or reject the agreement in open court and before any finding on the plea.
[25:56.000 --> 26:03.000]  Should the court reject the agreement, the defendant shall be permitted to withdraw the defendant's plea of guilty or null or contender.
[26:03.000 --> 26:13.000]  Sub Item 4, the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or null or contender
[26:13.000 --> 26:22.000]  for the offense charged may result in deportation, the exclusion from admission to this country or the denial of naturalization under federal law.
[26:22.000 --> 26:36.000]  Okay? Now, Subsection B, no plea of guilty or a plea of null or contender shall be accepted by the court unless it appears that the defendant is mentally competent and the plea is free and voluntary.
[26:36.000 --> 26:51.000]  Now, you get that? Here they cannot accept the plea from the individual directly unless it is freely given and voluntary, yet if you refuse to enter a plea, they get to substitute their free and voluntary for yours.
[26:51.000 --> 26:58.000]  Now, obviously, a refusal to enter a plea is not free and voluntary giving of a plea.
[26:58.000 --> 27:06.000]  So we have a conflicting provision. We have one provision that says, I have to hell with him if he doesn't want to enter one, you enter one for him, but it's got to be not guilty.
[27:06.000 --> 27:14.000]  Here it says, no plea of guilty or plea of null or contender, so they distinguish between the type of plea as to which one they can take.
[27:14.000 --> 27:26.000]  You see? You can't be forced to enter guilty or not guilty or no contest against your will, but you can be forced to enter not guilty against your will.
[27:26.000 --> 27:28.000]  All right?
[27:28.000 --> 27:39.000]  Now, I understand the basic fundamental reason why that is, all anybody would have to do to avoid prosecution forever is to refuse to enter a plea and they couldn't be prosecuted for whatever offense.
[27:39.000 --> 27:46.000]  It would just be held indefinitely because a plea was never entered, so they couldn't go to trial and blah, blah, blah. We know it can't work that way, hence the distinction.
[27:46.000 --> 28:04.000]  But just say it. Subsection C, in admonishing the defendant as herein provided, substantial compliance by the court is sufficient unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court.
[28:04.000 --> 28:20.000]  Well, when the court demands that you enter a plea without being properly served with a copy of the complaint in a timely manner so as to be able to digest, research, and build a rebuttal or denial of the allegation according to the required elements to be proven,
[28:20.000 --> 28:29.000]  then the court is violating your due process rights in relation to a plea to begin with. There's no way around that.
[28:29.000 --> 28:44.000]  It cannot be done. That is called an unconscionable plea. When you're demanding a plea from someone who is denied assistance of counsel, has not been informed of the allegation in a proper form and fashion and does not know what they're entering a plea to,
[28:44.000 --> 28:54.000]  and yet you're going to enter a plea for them. Plus, the court is not telling them about the rights that are being waived the moment they enter that plea.
[28:54.000 --> 29:08.000]  The court is not telling them that the entering of a plea is a waiver of personal jurisdiction, that it constitutes a general appearance, and therefore personal jurisdiction can no longer be challenged ever.
[29:08.000 --> 29:12.000]  They're not being told that, yet it's a judicial fact.
[29:12.000 --> 29:30.000]  Okay? E. Before accepting a plea of guilty or a plea of no look contender, the court shall, as applicable in the case, sub-item two, inquire as to whether the attorney representing the state has given notice of the existence in terms of any plea bargain agreement to the victim,
[29:30.000 --> 29:38.000]  guardian of a victim, or close relative of a deceased victim as those terms were defined by article 56.01.
[29:38.000 --> 29:48.000]  Okay? We'll continue this when we get back, so y'all hang in there while we talk about the entry of a plea. We'll be right back after this break, so y'all hang on.
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[31:23.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[33:26.000 --> 33:30.000]  Alright folks, we are back.
[33:30.000 --> 33:33.000]  This is Rule of Law Radio.
[33:33.000 --> 33:37.000]  Alright, now let us continue on.
[33:37.000 --> 33:50.000]  Now, down here in subsection G, before accepting a plea of guilty or, I'm sorry, subsection F, the court must substantially comply with subsection E of this article, which is the one we just finished reading.
[33:50.000 --> 33:59.000]  The failure of the court to comply with subsection E of this article is not grounds for the defendant to set aside the conviction sentence or plea.
[33:59.000 --> 34:07.000]  So even though the judge has told that he must do this, his failure to do it doesn't affect the outcome if he screws you over in the process.
[34:07.000 --> 34:09.000]  See how that works?
[34:09.000 --> 34:20.000]  Subsection G, before accepting a plea of guilty or a plea of null contender and on the request of a victim of the offense, the court may assist the victim and the defendant in participating in a victim offender mediation program.
[34:20.000 --> 34:25.000]  Subsection H, the court must substantially comply with subsection A5.
[34:25.000 --> 34:31.000]  The failure of the court to comply with subsection A5 is not a ground for the defendant to set aside the conviction sentence or plea.
[34:31.000 --> 34:39.000]  Subsection H1, the court must substantially comply with subsection A6, the failure of the court to get the picture.
[34:39.000 --> 34:44.000]  The court can't do any wrong even when it doesn't follow these rules at all.
[34:44.000 --> 34:45.000]  You get it?
[34:45.000 --> 34:48.000]  So screw you, this is how they work.
[34:48.000 --> 34:50.000]  That's the whole gist of this.
[34:50.000 --> 35:10.000]  Article 26.14, jury on plea of guilty, where a defendant in a case of felony persists in pleading guilty or in entering a plea of no contest, if the punishment is not absolutely fixed by law, a jury shall be in panel to assess the punishment and evidence may be heard to enable them to decide
[35:10.000 --> 35:20.000]  thereupon unless the defendant in accordance with Article 1.13 or 37.03 shall have waived his right to a trial by jury.
[35:20.000 --> 35:26.000]  That is all there is in Chapter 26, dealing with the entering of a plea.
[35:26.000 --> 35:28.000]  Then we get to Chapter 27.
[35:28.000 --> 35:36.000]  This is the one they really like to abuse under 27.14d especially.
[35:36.000 --> 35:42.000]  But the first place it appears in Chapter 27, Article 27.02, defendants pleadings.
[35:42.000 --> 35:53.000]  The pleadings and motions of the defendant shall be one, a motion to set aside or an exception to an indictment or information for some matter of form or substance.
[35:53.000 --> 35:56.000]  Notice it doesn't mention a complaint.
[35:56.000 --> 36:11.000]  You can move to set aside or have exception to an information or indictment, but there's nothing here that allows you to do the same thing with a complaint all by itself.
[36:11.000 --> 36:15.000]  Okay, there's screw you number one of Chapter 27.
[36:15.000 --> 36:25.000]  Number 2702, sub-item two, a special plea as provided in Article 27.05 of this code.
[36:25.000 --> 36:28.000]  Sub-item three, a plea of guilty.
[36:28.000 --> 36:30.000]  Sub-item four, a plea of not guilty.
[36:30.000 --> 36:33.000]  Sub-item five, a plea of no look contender.
[36:33.000 --> 36:36.000]  The legal effect of which shall be the same as that of a plea of guilty.
[36:36.000 --> 36:38.000]  Then why the hell even offer it?
[36:38.000 --> 36:41.000]  Okay, if it's the same as guilty.
[36:41.000 --> 36:42.000]  Oh, here we go.
[36:42.000 --> 36:52.000]  Except that such plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.
[36:52.000 --> 36:55.000]  Right, right.
[36:55.000 --> 36:57.000]  And where else does it appear here?
[36:57.000 --> 36:58.000]  Let's see where the next one is.
[36:58.000 --> 37:02.000]  Oh yeah, 2705, defendant's special plea.
[37:02.000 --> 37:20.000]  A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal episode that was or should have been consolidated in the one trial and that the former prosecution one resulted in acquittal,
[37:20.000 --> 37:23.000]  two resulted in conviction, three was improperly terminated,
[37:23.000 --> 37:37.000]  or four was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated, and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.
[37:37.000 --> 37:41.000]  Okay, 27.06, special plea verified.
[37:41.000 --> 37:46.000]  Every special plea shall be verified by the affidavit of the defendant.
[37:46.000 --> 37:55.000]  Article 2707, special plea tried. All issues of fact presented by a special plea shall be tried by the trier of the facts on the trial on the merits.
[37:55.000 --> 38:02.000]  Okay, next place we have it, 27.10, written pleadings.
[38:02.000 --> 38:15.000]  All motions to set aside an indictment or information and all special pleadings, which is basically double jeopardy, and exceptions shall be in writing.
[38:15.000 --> 38:20.000]  So again, nothing here that allows you to set aside a criminal complaint.
[38:20.000 --> 38:25.000]  There's not even anything in this thing to quash a criminal complaint by itself.
[38:25.000 --> 38:40.000]  It's another reason why a criminal complaint is not a valid charging instrument because it cannot be stopped once it's filed in the same manner that an indictment or information can by moving to quash, set aside, or take exception to.
[38:40.000 --> 38:43.000]  Nothing in here for that at all.
[38:43.000 --> 38:48.000]  27.13, plea of guilty or null or contender in a felony.
[38:48.000 --> 38:54.000]  A plea of guilty or a plea of null or contender in a felony case must be made in open court by the defendant in person.
[38:54.000 --> 39:00.000]  And the proceedings shall be provided in Articles 26.1314 and 27.02.
[39:00.000 --> 39:08.000]  If the plea is before the judge alone, same may be made in the same manner as is provided by Articles 1.13 and 1.15.
[39:08.000 --> 39:22.000]  Remember, Chapter 1 is the Accused Bill of Rights in the Code of Criminal Procedure, which they treat as superseding the Texas Constitution's Bill of Rights, which can't happen, but it's what they do.
[39:22.000 --> 39:33.000]  Then, of course, we have Article 27.14, the one they really abuse, plea of guilty or null or contender in a misdemeanor.
[39:33.000 --> 39:43.000]  A, a plea of guilty or a plea of null or contender in a misdemeanor case may be made either by the defendant or his counsel in open court.
[39:43.000 --> 39:55.000]  In such case, the defendant or his counsel may waive a jury and the punishment may be assessed by the court either upon or without evidence at the discretion of the court.
[39:55.000 --> 40:15.000]  B, a defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may, in lieu of the method provided in Subsection A, mail or deliver in person to the court a plea of guilty or a plea of null or contender and a waiver of jury trial.
[40:15.000 --> 40:27.000]  The defendant may also request in writing that the court notify the defendant at the address stated in the request of the amount of an appeal bond that the court will approve.
[40:27.000 --> 40:37.000]  If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant.
[40:37.000 --> 40:51.000]  If the court receives a plea and waiver after the time the defendant is scheduled to appear in court, but at least five business days before a scheduled trial date, the court shall dispose of the case without requiring a court appearance by the defendant.
[40:51.000 --> 40:59.000]  The court shall notify the defendant either in person or by regular mail of the amount of any fine or cost assessed in the case.
[40:59.000 --> 41:23.000]  Information regarding the alternatives to the full payment of any fine or cost assessed against the defendant, if the defendant is unable to pay that amount, and if requested by the defendant, the amount of an appeal bond that the court will approve, except as otherwise provided by this code, the defendant shall pay any fine or cost assessed or give an appeal bond in the amount stated in the notice before the 31st day after receiving the notice.
[41:23.000 --> 41:41.000]  Subsection C, in a misdemeanor case for which the maximum possible punishment is by fine only, payment of a fine or an amount accepted by the court constitutes a finding a guilty and open court, as though a plea of no look contender had been entered by the defendant and constitutes a waiver of a jury trial in writing.
[41:41.000 --> 41:49.000]  Now, up above, they said they have to be distinctive and separate. Here they're saying they can do it all in one, no big deal, right? Yeah.
[41:49.000 --> 42:07.000]  Okay. Now we get to E1. Before accepting a plea of guilty or a plea of no look contender by a defendant charged with a misdemeanor involving family violence as defined by section 71.004 of the family code, the court shall not monitor the defendant by using the following statement and it gives a statement.
[42:07.000 --> 42:15.000]  Now, once again, that's all there is. Well, no, it's not. Here we go. There's more. I'm sorry. I misread that.
[42:15.000 --> 42:33.000]  27.16, plea of not guilty, how made? A, the plea of not guilty may be made orally by the defendant or by his counsel in open court. If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court.
[42:33.000 --> 42:51.000]  There you go. 27.16A says the only thing the court can do if there is a refusal to enter a plea is to enter a plea of not guilty. But again, the court must have played by the rules up to this point and made sure that the accused has been
[42:51.000 --> 43:05.000]  properly notified by the prosecution as to the allegation by being served with the charging instrument under 45.018B. But that's never done, is it?
[43:05.000 --> 43:22.000]  So if you look at subsection B of 27.16, a defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may, in lieu of the method provided in subsection A of this article, mail to the court a plea of not guilty.
[43:22.000 --> 43:40.000]  So it's one or the other, but there is nothing in either of these subsections that allows the court to convert your failure to enter a plea into a criminal offense of failure to appear and file false documents with other state agencies that say you did.
[43:40.000 --> 43:51.000]  See the problem? We'll continue on to 27.17 when we get back. So y'all hang in there and we shall return momentarily after this break.
[43:51.000 --> 44:01.000]  Thank you.
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[46:14.000 --> 46:25.000]  Alright folks, we are back. This is ruleoflawradio. Continuing on with our discussion of entering a plea.
[46:25.000 --> 46:43.000]  Article 27.17, plea of not guilty construed. The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. Again, nothing about a complaint. Absolutely nothing.
[46:43.000 --> 46:56.000]  So you can't even deny the allegation being made in the complaint according to the statutes. You can only deny the allegations that exist in an indictment or information.
[46:56.000 --> 47:12.000]  You see the way this is getting rather convoluted rather quickly because they're attempting to use a document that Texas law does not prevent them from hosing you with as something that you should be able to challenge yet there is not a single statute that allows you to do so?
[47:12.000 --> 47:33.000]  You see the problem? Under this plea, evidence to establish the insanity of defendant and every fact whatever tending to acquit him of the accusation may be introduced except as such facts are as are proper for a special plea under article 27.05.
[47:33.000 --> 47:49.000]  Now here's the thing. Every fact whatever tending to acquit him of the accusation may be introduced. Well, folks, when you're getting charged with transportation related offense, one of the pertinent facts is whether or not you were engaging in transportation.
[47:49.000 --> 48:07.000]  Yet you're not being allowed to introduce that. But the reason you're not being allowed to introduce that according to the way the statute is written is because you've only been charged by a hearsay complaint or even if the officer signed the complaint, there's no statute that allows you to challenge what's in it.
[48:07.000 --> 48:21.000]  So here you can assert any fact that would acquit you right off the bat including affirmative defenses as long as they use an indictment or information to charge you. But nothing here allows you to challenge a complaint based upon that.
[48:21.000 --> 48:41.000]  Nothing.
[48:41.000 --> 48:56.000]  Section C, a record of the communication shall be made by a court reporter or by electronic recording and preserved by the court reporter or by electronic recording unit all appellate proceedings have been disposed of or until all appellate proceedings have been disposed of.
[48:56.000 --> 49:08.000]  A court reporter or a court recorder is not required to transcribe or make a duplicate electronic recording of a plea taken under this article unless an appeal is taken in the case and a party requests a transcript.
[49:08.000 --> 49:25.000]  Sub-item C2, the loss or destruction of or failure to create a court record or an electronic recording of a plea entered under this article is not alone sufficient grounds for a defendant to withdraw the defendant's plea or to request the court to set aside a conviction, sentence or plea.
[49:25.000 --> 49:32.000]  Once again, no matter how they hose your appellate record, they're covered, you're not. See how that works?
[49:32.000 --> 49:50.000]  Subsection D, a defendant who is confined in a county other than the county in which charges against the defendant are pending may use the video conference method provided by this article or by article 15.17 to enter a plea or waver right in the court with jurisdiction over the case.
[49:50.000 --> 50:06.000]  E, a defendant who enters a plea or waiver under subsection D, E1, consents to venue in the county in which the court receiving the plea or waiver is located.
[50:06.000 --> 50:26.000]  And two, weighs any claim of error related to venue. Sub-item G, if a defendant enters a plea of guilty or null contender under subsection D, the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment.
[50:26.000 --> 50:42.000]  On request for a fingerprint under this section, the county in which the defendant is confined shall obtain fingerprint of the defendant and use first class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
[50:42.000 --> 50:56.000]  27.19, plead by certain defendants, notwithstanding any other provision of this code, a court shall accept a plea of guilty or null contender from a defendant who is confined in an appeal institution that the plea is made.
[50:56.000 --> 51:14.000]  One, in accordance with procedure status for article 27.18. Two, in writing, including a writing delivered by United States mail or secure electronic, blah, blah, blah. Two, C, the defendant must waive the right to be present at the taking of the plea or to have counsel present if the defendant has counsel.
[51:14.000 --> 51:30.000]  And C, before accepting a plea submitted under subsection A2, the court shall verify that the person submitting the plea is, one, the defendant named in the information or indictment, or two, a person with legal authority to act for the defendant named in the information or indictment.
[51:30.000 --> 51:35.000]  And that's the end of the term plea in relation to 27.19.
[51:35.000 --> 51:53.000]  So now we continue on. Our next chapter up is 28. Article 2801 deals with pretrial. Under section 1, sub-item 3, let's see, the pretrial hearing shall be to determine any of the following matters.
[51:53.000 --> 51:59.000]  Sub-item 3, special pleas if any. If you remember, special pleas only deals with double jeopardy.
[51:59.000 --> 52:05.000]  Okay. What else is in article 28 here?
[52:05.000 --> 52:14.000]  Ah, 28.12, exception and trial of special pleas. Oops. Well, we're not looking at double jeopardy. So 28.12 is not a consideration here.
[52:14.000 --> 52:29.000]  28.14, plea allowed. Judge shall in no case be given against the defendant, judgment shall in no case be given against the defendant where his motion, exception, or plea is overruled.
[52:29.000 --> 52:35.000]  But in all cases, the plea of not guilty may be made by or for him.
[52:35.000 --> 52:43.000]  Okay. So in other words, the court can't turn around and say, I don't accept your plea of not guilty. You have to plead guilty or no contest.
[52:43.000 --> 52:50.000]  I don't accept that not guilty you're trying to offer me here. Okay. That's all this means.
[52:50.000 --> 53:00.000]  But again, this is for not guilty, but nothing here is authorizing the court to say failure to appear because you didn't enter it.
[53:00.000 --> 53:04.000]  Okay. So, so much for chapter 28.
[53:04.000 --> 53:13.000]  Now we get into chapter 31. Under 31.03, granted on motion of defendant.
[53:13.000 --> 53:20.000]  Subsection C, the court upon motion of the defendant with the consent of the attorney for the state may transfer the proceedings to another district.
[53:20.000 --> 53:25.000]  In those cases where in the defendant stipulates that a plea of guilty will be entered.
[53:25.000 --> 53:31.000]  Okay. That is all there is in chapter 31 dealing with plea.
[53:31.000 --> 53:40.000]  Now we have chapter 36 under article 36.01 is the first section where we have an order of proceeding in a trial.
[53:40.000 --> 53:48.000]  Subsection A, a jury being impaneled in any criminal action except is provided by subsection B of this article.
[53:48.000 --> 53:51.000]  The call shall proceed in the following order.
[53:51.000 --> 53:57.000]  Number two, the special pleas if any shall be read by the defendant's counsel.
[53:57.000 --> 54:13.000]  Now, by the way, in case you're wondering, the lower courts are attempting to follow 36.01 when 36.01 does not comply with 15.17 or chapter 45 in relation to class C fine onlys.
[54:13.000 --> 54:20.000]  But in case you're wondering what the steps are supposed to be following are, this is the closest thing to an actual list you're going to get.
[54:20.000 --> 54:28.000]  So 36.01, article 36.01 of the Code of Criminal Procedure.
[54:28.000 --> 54:33.000]  Okay. And if the plea of not guilty is also relied upon, it shall be stated.
[54:33.000 --> 54:36.000]  What else is there in 36 dealing with plea?
[54:36.000 --> 54:46.000]  Article 36.14, charge of the court subject to the provisions of article 36.07 in each felony case and in each misdemeanor case tried in the court of record.
[54:46.000 --> 54:56.000]  Now, before the argument begins, deliver to the jury accepting pleas of guilty where a jury has been waived, a written charge distinctly setting forth the law applicable to the case.
[54:56.000 --> 54:58.000]  So this is about jury instructions.
[54:58.000 --> 55:02.000]  Okay. That's all that this plea here is talking about.
[55:02.000 --> 55:05.000]  And it's an exception to when this is required to be done.
[55:05.000 --> 55:10.000]  And that's when a plea of guilty was entered, in which case no jury trial is going to be had.
[55:10.000 --> 55:11.000]  Okay.
[55:11.000 --> 55:14.000]  So what else exists in chapter 36 for pleas?
[55:14.000 --> 55:18.000]  Nothing. Those are the only two places in which it exists.
[55:18.000 --> 55:19.000]  Okay.
[55:19.000 --> 55:23.000]  Now we get over here to 37.01.
[55:23.000 --> 55:31.000]  And chapter 37 and article 37.07 is where the first appearance of plea is.
[55:31.000 --> 55:35.000]  Verdict must be general, separate hearing on proper punishment.
[55:35.000 --> 55:42.000]  Section 1, sub-item A, the verdict in every criminal action must be general.
[55:42.000 --> 55:51.000]  When there are special pleas in which a jury is defined, they must say in their verdict that the allegations in such pleas are true or untrue.
[55:51.000 --> 55:58.000]  If the plea is not guilty, they must find that the defendant is either guilty or not guilty.
[55:58.000 --> 56:08.000]  And acceptance provided in section 2, they shall assess the punishment in all cases where the same is not absolutely fixed by law to some particular penalty.
[56:08.000 --> 56:35.000]  Section 2, sub-item A, in all criminal cases other than misdemeanor cases of which the justice court or municipal court has jurisdiction, which are tried before a jury are on a plea of not guilty, the judge shall, before argument begins, first submit to the jury the issue of guilt or innocence of the defendant of the offense or offenses charged without authorizing the jury to pass upon the punishment to be imposed.
[56:35.000 --> 56:48.000]  If the jury fails to agree on the issue of guilt or innocence, the judge shall declare a mistrial and discharge the jury, and jeopardy does not attach in the case.
[56:48.000 --> 57:16.000]  Now, do you not see this section right here as an intentional attempt to bypass the double jeopardy standard by not allowing a proceeding to continue beyond this point by saying jeopardy does not attach if the jury does not immediately agree before trial is even started on whether or not the individual is guilty or not guilty?
[57:16.000 --> 57:19.000]  Let's read that again just to make sure we know what we're talking about here.
[57:19.000 --> 57:41.000]  Section 2A, in all criminal cases other than class C's because those are the only ones that justice court or municipal court has jurisdiction over, and right here this is a specific exception to justice or municipal courts that have jurisdiction, which are tried before a jury on a plea of not guilty.
[57:41.000 --> 57:56.000]  Okay, so all criminal cases that are not class C's tried before a jury where the plea entered by the accused was not guilty, the judge shall, before argument begins.
[57:56.000 --> 58:04.000]  That's before any attorney stands up and starts throwing their spin facts into the jury's face.
[58:04.000 --> 58:18.000]  Okay, first submit to the jury the issue of guilt or innocence of the defendant of the offense or offenses charged.
[58:18.000 --> 58:21.000]  Hey, you think this guy's guilty or not guilty?
[58:21.000 --> 58:22.000]  What do you think?
[58:22.000 --> 58:27.000]  We haven't told you a single thing about the case yet, but how do you want to find?
[58:27.000 --> 58:35.000]  And if they don't all agree, jury jeopardy doesn't attach, they send the case back until the prosecutor to get more facts to get them all on the same page.
[58:35.000 --> 58:37.000]  Talk about a rigged system.
[58:37.000 --> 58:41.000]  Y'all hang on and we will be continuing this on the other side after our top of the hour break.
[58:41.000 --> 58:50.000]  This is rule of law radio, y'all hang on, we will be right back.
[58:50.000 --> 58:58.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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[59:48.000 --> 59:51.000]  That's freestudybible.com.
[59:51.000 --> 01:00:00.000]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
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[01:00:10.000 --> 01:00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
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[01:00:55.000 --> 01:01:08.000]  Today in history, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:08.000 --> 01:01:18.000]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools, and employment, and public accommodations for places of business.
[01:01:18.000 --> 01:01:24.000]  Today in history.
[01:01:24.000 --> 01:01:32.000]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured,
[01:01:32.000 --> 01:01:39.000]  an attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States, and on Israel by Russia,
[01:01:39.000 --> 01:01:43.000]  either accusatory narrative without any verified evidence as of yet.
[01:01:43.000 --> 01:01:49.000]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:01:49.000 --> 01:01:58.000]  get ready, Russia, because they will be coming in nice and new and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:58.000 --> 01:02:06.000]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:06.000 --> 01:02:15.000]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:15.000 --> 01:02:25.000]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels
[01:02:25.000 --> 01:02:32.000]  that are openly being funded by Western governments, with ISIS being one of the more notorious winner groups of the American-backed Syrian rebels.
[01:02:32.000 --> 01:02:45.000]  No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[01:02:45.000 --> 01:03:03.000]  It may be a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at.
[01:03:15.000 --> 01:03:37.000]  All right, folks, we are back. This is Rule of Law Radio.
[01:03:37.000 --> 01:03:55.000]  Okay, now, continuing on, I'm just going to go ahead and wrap up this chapter, but as you can see right there, we have a problem in this particular section, because it says that if the jury fails to agree on the issue of guilt or innocence before argument has even began,
[01:03:55.000 --> 01:04:01.000]  the judge shall declare a mistrial and discharge the jury, and the jeopardy is not attached to the case.
[01:04:01.000 --> 01:04:18.000]  See the problem here? This is a sidestep of the double jeopardy protection. That's exactly what this is. No yes, no ands, no buts.
[01:04:18.000 --> 01:04:33.000]  The Supreme Court of the United States has said that when the mechanisms of the system begin to move against the individual, that jeopardy has already attached.
[01:04:33.000 --> 01:04:50.000]  And yet here you see the Texas legislature, which is all attorneys, for the most part, trying to write a statute that intentionally bypasses the double jeopardy protections for when jeopardy attaches.
[01:04:50.000 --> 01:05:03.000]  Now, since chapter 37 is all about the verdict, we know this cannot be the chapter that these judges in these lower courts are relying on to charge you with failure to appear when you don't enter a plea.
[01:05:03.000 --> 01:05:10.000]  In fact, we've covered the only chapters that would cover that to begin with, but I'm making sure that we get rid of all possibilities here.
[01:05:10.000 --> 01:05:23.000]  So even though that chapter deals entirely with the verdict, we don't really need to look at it. We won't go any further into that, but we get into chapter 39, Depositions and Discovery.
[01:05:23.000 --> 01:05:37.000]  And here we have our first indication of what the plea comes into in relation to a plea bargain down in, what is this here? That's a big section of statute.
[01:05:37.000 --> 01:05:47.000]  39.14 Discovery, all the way down in subsection H-1, sub-item 1.
[01:05:47.000 --> 01:05:54.000]  Part of Discovery is a person's complete criminal history, including any charges that were dismissed or reduced as part of a plea bargain.
[01:05:54.000 --> 01:06:09.000]  Then sub-item J, before accepting a plea of guilty or null contender or before trial, each party shall acknowledge in writing or on the record in open court. The disclosure, receipt, and list of all documents, items, and information provided to the defendant under this article.
[01:06:09.000 --> 01:06:16.000]  All right? Now, that's all there is in that chapter is these two references to plea.
[01:06:16.000 --> 01:06:25.000]  So then we get up here to chapter 42, Judgment. Now, judgment comes after trial.
[01:06:25.000 --> 01:06:34.000]  Okay? So again, this cannot be the section or chapter that they're relying on when you haven't even had your case heard yet.
[01:06:34.000 --> 01:06:56.000]  But just to be sure, let's look at 42.01, section 1, sub-item 3, the plea or pleas of the defendant to the offense charged. Okay? And that goes right under, a judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant.
[01:06:56.000 --> 01:07:07.000]  The sentence served shall be based on the information contained in the judgment. The judgment shall reflect and what we showed was number three, the plea or pleas of the defendant to the offense charged.
[01:07:07.000 --> 01:07:15.000]  Okay? Sub-item 20, the terms of any plea bargain. Okay?
[01:07:15.000 --> 01:07:30.000]  Section, oh, an updated section 3 and an updated section 20, also irrelevant to what we're doing here. So let's just see if there are any more.
[01:07:30.000 --> 01:07:46.000]  And we come all the way down to 42.025 sentencing hearing at secondary school, which again has nothing to do with a Class C fine, only that we would normally see a judge at a secondary school.
[01:07:46.000 --> 01:08:05.000]  Okay? Let's see, 42.038 reimbursement for confinement expenses. Subsection C, a judge may not require reimbursement under this article. The judge determines the defendant is indigent based on the defendant's sworn statement or affidavit, filed with the court.
[01:08:05.000 --> 01:08:16.000]  A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of the conviction or on which a plea of guilty or null of contender was entered.
[01:08:16.000 --> 01:08:27.000]  The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or null of contender was entered.
[01:08:27.000 --> 01:08:48.000]  Okay? What else? All the way down to 42.111 deferral of proceedings in cases appealed to county court. If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the defendant may enter a plea of guilty or null of contender to the offense.
[01:08:48.000 --> 01:09:02.000]  If the defendant enters a plea of guilty or null of contender the court may defer further proceedings without entering an adjudication of guilt in the same manner provided for the deferral of proceedings in justice court and municipal court on article 45.051 of this code.
[01:09:02.000 --> 01:09:17.000]  This article does not apply to a misdemeanor case disposed of under sub chapter B, chapter 543 transportation code, or a serious traffic violation as defined by section 522.003 transportation code.
[01:09:17.000 --> 01:09:37.000]  All right. Then we get to 42.14 in absence of defendant subsection A. In a misdemeanor case the judgment and sentence may be rendered in the absence of the defendant subsection B. In a felony case the judgment and sentence may be rendered in the absence of the defendant only if.
[01:09:37.000 --> 01:09:52.000]  And you go down to sub item 3, subsection C states that the defendant was entered into a written plea agreement with the attorney representing the state in the prosecution of the case and D request the court to pronounce sentence in the case in accordance with the plea agreement.
[01:09:52.000 --> 01:10:08.000]  For the defendant and the attorney representing the state in the prosecution of the case of entered into a written plea agreement. Five, the sentence is pronounced in accordance with the plea agreement. Subsection E, if a defendant enters a plea of guilty or null of contender under article 27.19 the attorney representing the
[01:10:08.000 --> 01:10:23.000]  state may request the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment. On request for a fingerprint of this subsection in county with the defendant is confined, shall obtain a fingerprint of the defendant and use first classmen or other means acceptable to the attorney representing
[01:10:23.000 --> 01:10:33.000]  the state and the county to forward the fingerprint to the court accepting the plea, blah, blah, blah. Okay. Again, none of this is applicable to class C final lease, but here we are anyway just making sure.
[01:10:33.000 --> 01:10:56.000]  A1, which is under 42.15 of fines and costs, notwithstanding any other provision in this article during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by article 27.13, 27.14A or 27.16A, a court shall inquire whether the defendant has sufficient resources or income to
[01:10:56.000 --> 01:11:09.000]  immediately pay all a part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all a part of the fine and costs, the court shall determine whether the fine and costs should be, and then we go through all the other rigmarole here.
[01:11:09.000 --> 01:11:19.000]  And that again is the last place it looks like where the term plea appears in this entire chapter, and it is. Okay.
[01:11:19.000 --> 01:11:43.000]  Now we come over to chapter 42A.053, Judge Order Community Supervision. A judge in the best interest of justice to public and the defendant after conviction of or a plea of guilty or no look contender may and then it goes into all the different ways they can punish here after the entering of a plea of not guilty or guilty or no look contender.
[01:11:43.000 --> 01:12:01.000]  42A101, placement on deferred adjudication community supervision. A, accepted provided by article 42A.102B, if the judge is opinion in the best interest of society and the defendant will be served. The judge may after receiving a plea of guilty or no look contender hearing the evidence, blah, blah, blah, again, irrelevant.
[01:12:01.000 --> 01:12:06.000]  This is a plea of guilty or no contest, not a plea of not guilty.
[01:12:06.000 --> 01:12:17.000]  Let's see, the failure of the judge to make a finding on this subsection is not grounds for the defendant to set aside the plea. Okay, again, still dealing with a plea of guilty or no contest.
[01:12:17.000 --> 01:12:31.000]  All right. Affirmative findings. 42A.105, if the judge places on deferred adjudication supervision to defend that charge with a sexually violent offense, again irrelevant to what we're talking about here.
[01:12:31.000 --> 01:12:53.000]  These Class C final only cases. Justice and municipal courts don't have jurisdiction of these level of offenses. 42A.107, request for final adjudication. On a written motion, the defendant requesting final adjudication is filed within 30 days at the entry of the defendant's plea and the deferment of adjudication, the judge will proceed to final adjudication as in all of the cases.
[01:12:53.000 --> 01:13:04.000]  All right. Sex offender under definitions. Well, don't have to worry about that. The judge is the form that a plea in relation to a pre-sentence report required.
[01:13:04.000 --> 01:13:22.000]  Provided by subsections B and C before the imposition of the sentence by a judge, the judge shall direct a supervision officer to prepare a pre-sentence report for the judge. Subsection C2, the defendant or C, the judge is not required to direct a supervision officer to prepare a pre-sentence report in a felony case.
[01:13:22.000 --> 01:13:38.000]  So again, irrelevant to us for purposes of subsection 2 and 4. Then we come down here to 42A.701, reduction or termination of community supervision period.
[01:13:38.000 --> 01:13:52.000]  If the subsection F, if the judge discharges the defendant under this article, the judge may set aside the verdict to permit the defendant to withdraw the defendant's plea. A judge acting in this subsection shall dismiss the accusation, complain information or indictment against the defendant.
[01:13:52.000 --> 01:14:02.000]  A defendant who receives a discharge or dismiss one of this subsection is released from all penalties and disabilities resulting from the offense of which the defendant has been convicted or to which the defendant has been pleaded guilty.
[01:14:02.000 --> 01:14:09.000]  Except that one, proof of the conviction or plea of guilty shall be made known to the judge that the defendant is convicted of any subsequent offense.
[01:14:09.000 --> 01:14:21.000]  And F12, the discharge of the defendant, set aside the verdict to permit the defendant to withdraw the defendant's plea and dismiss the accusation, complain information or indictment against the defendant.
[01:14:21.000 --> 01:14:27.000]  And that is all there is in Chapter 42A.
[01:14:27.000 --> 01:14:33.000]  Now we come over to Chapter 44 under Article 44.02, Defendant May Appeal.
[01:14:33.000 --> 01:14:46.000]  A defendant in any criminal action has the right of appeal under the rules here and after prescribed, provided, however, before the defendant who has been convicted upon either his plea of guilty or plea of no look contender before the court and the court,
[01:14:46.000 --> 01:14:57.000]  upon the election of the defendant, assesses punishment and the punishment does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney may prosecute his appeal.
[01:14:57.000 --> 01:15:03.000]  He must have permission of the trial court, except on those matters which have been raised by written motion filed prior to trial.
[01:15:03.000 --> 01:15:07.000]  Hence the reason we do everything in writing people.
[01:15:07.000 --> 01:15:16.000]  See right here, except on those matters which have been raised by written motion filed prior to trial.
[01:15:16.000 --> 01:15:23.000]  See, there's a method to the madness here on why I tell you to do this stuff in writing.
[01:15:23.000 --> 01:15:28.000]  Okay, that's the only place this appears in Chapter 44 is 44.02.
[01:15:28.000 --> 01:15:31.000]  Then we get over here to Chapter 45.
[01:15:31.000 --> 01:15:47.000]  Okay, under Chapter 45, first place it appears, 45.017, criminal docket, subsection A, the justice or judge of each court or if directed by the justice or judge, the clerk of the court shall keep a docket containing the following information.
[01:15:47.000 --> 01:15:53.000]  Sub-Item 3, the plea offered by the defendant and the date the plea was entered.
[01:15:53.000 --> 01:16:01.000]  Okay, now under 45.0215, plea by a minor and appearance of parent.
[01:16:01.000 --> 01:16:03.000]  Well, that's a plea by a minor.
[01:16:03.000 --> 01:16:09.000]  So this is irrelevant to most of the class C fine onlys in relation to the traffic offenses and adults.
[01:16:09.000 --> 01:16:18.000]  But once again you read through this, the justice or judge in A-1 sub-item 1 must take the defendant's plea in open court.
[01:16:18.000 --> 01:16:26.000]  Again, open court, not the clerk, not the prosecutor, open court before the judge.
[01:16:26.000 --> 01:16:34.000]  Sub-Item 2, shall issue a summons to compel the defendant's parent, guardian, or managing conservator to be present during A, the taking of the defendant's plea.
[01:16:34.000 --> 01:16:45.000]  Sub-Item B, which we will get to after this break and we will continue on and try to get through the rest of these before I'm either out of time or I can, you know, take calls.
[01:16:45.000 --> 01:16:47.000]  We'll see which one comes first.
[01:16:47.000 --> 01:16:51.000]  If y'all hang in there, we will be right back after this break.
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[01:19:29.000 --> 01:19:31.000]  All right, folks.
[01:19:31.000 --> 01:19:32.000]  We are back.
[01:19:32.000 --> 01:19:34.000]  This is Rule of Law Radio.
[01:19:34.000 --> 01:19:35.000]  All right.
[01:19:35.000 --> 01:19:38.000]  Now, we're going to continue on here.
[01:19:38.000 --> 01:19:44.000]  We read the first part of 45.0215, plead by minor and appearance apparent, blah, blah, blah.
[01:19:44.000 --> 01:19:48.000]  And this whole section deals with just that, okay?
[01:19:48.000 --> 01:19:57.000]  Taking a plea from the defendant, but nothing here once again authorizes the court to convert a failure to enter a plea
[01:19:57.000 --> 01:20:00.000]  to a failure to appear, okay?
[01:20:00.000 --> 01:20:04.000]  And we'll get a little further down in this chapter and make sure it doesn't appear anywhere else either.
[01:20:04.000 --> 01:20:09.000]  But now, here's the other thing that this chapter does deal with that we see a lot of.
[01:20:09.000 --> 01:20:19.000]  In fact, I've got an example of one right now for a case where these courts are sending out form letters that do not comply with the requirements for a proper summons.
[01:20:19.000 --> 01:20:27.000]  Yet, they contain the language that says this is a summons, an official summons, and that you can be arrested for failing to obey it.
[01:20:27.000 --> 01:20:37.000]  And yet, it has no correct form at all in relation to what the Code of Criminal Procedure requires a summons to contain.
[01:20:37.000 --> 01:20:39.000]  You get it?
[01:20:39.000 --> 01:20:45.000]  There's a problem here in what these lower courts think they can do.
[01:20:45.000 --> 01:20:51.000]  They ignore the rules that do apply to them and discard the rules that protect us.
[01:20:51.000 --> 01:21:03.000]  And then if they don't want to comply with the rules, we have no way to hold them accountable because nobody cares as long as they're getting the money out of your pockets.
[01:21:03.000 --> 01:21:05.000]  You see the quandary we're in here?
[01:21:05.000 --> 01:21:12.000]  There is no justice on this end of the spectrum because there's no control on this end of the spectrum over what these people could get away with.
[01:21:12.000 --> 01:21:24.000]  There's no recourse for the individuals that are being manhandled by the system to get justice out of that system or to hold that system accountable, except in what I'm going over right now.
[01:21:24.000 --> 01:21:44.000]  The failure to take a plea properly and falsifying records to convert the failure or refusal to enter a plea or to take a plea into a criminal offence of failure to appear is an act that's going to get these judges hung.
[01:21:44.000 --> 01:21:52.000]  Not to mention sued because the statute does not give them any discretion.
[01:21:52.000 --> 01:21:54.000]  It doesn't give them any.
[01:21:54.000 --> 01:22:13.000]  So when they tell you that you failed to enter a plea before a clerk, when the statute very clearly says the clerk can't take the plea and then they falsify the record on top of that, there is no judicial immunity here.
[01:22:13.000 --> 01:22:27.000]  Zero because none of those acts were judicial in nature because the judge was not sitting in open court as a judge.
[01:22:27.000 --> 01:22:28.000]  Get it?
[01:22:28.000 --> 01:22:42.000]  Every single thing we've seen here says this plea has to be taken in open court unless you submit it as a guilty or no contest by mail.
[01:22:42.000 --> 01:23:00.000]  But when they're required to enter a plea if not guilty and they convert that plea into a criminal act of failure to appear and they falsify records to do it, there is no way for them to avoid the consequences of that if you pursue it.
[01:23:00.000 --> 01:23:04.000]  And I'm showing you where the statute makes sure that they don't have that authority.
[01:23:04.000 --> 01:23:06.000]  Nowhere does it give them that authority.
[01:23:06.000 --> 01:23:09.000]  It just does not exist.
[01:23:09.000 --> 01:23:23.000]  That is why in the case that I'm helping someone with right now, one of the first things you need to make sure you do in relation to a case where a judge has done this, once you know it has been done,
[01:23:23.000 --> 01:23:44.000]  file a public information request with that court that sent the information to the Department of Public Safety or whatever other agency that you fail to appear requesting a copy of all records from that court in relation to you and that case or to you period regardless of the case
[01:23:44.000 --> 01:23:55.000]  to the Texas Department of Public Safety or whatever it is in your particular state if the laws don't allow them to do it there either which I know it doesn't because that would be illegal.
[01:23:55.000 --> 01:24:05.000]  It's denial of due process and they know it but they're doing it anyway and no one's holding them accountable so they believe they can continue to get away with it and claim immunity for it.
[01:24:05.000 --> 01:24:07.000]  They can't.
[01:24:07.000 --> 01:24:11.000]  And we're going to prove that on this one particular judge.
[01:24:11.000 --> 01:24:20.000]  We're going to get this guy sent to jail and the beauty of it, he is an actual bar card carrying attorney.
[01:24:20.000 --> 01:24:35.000]  He should know better and I'm going to do everything within my power to not only get him charged with a crime but to see that he loses that bar card and serves time because what he did is not only a state jail felony.
[01:24:35.000 --> 01:24:38.000]  It is a federal offense.
[01:24:38.000 --> 01:24:43.000]  You get it? It's a federal offense.
[01:24:43.000 --> 01:24:52.000]  So because they are transmitting these records to the Department of Public Safety through the United States Postal Service.
[01:24:52.000 --> 01:24:54.000]  It's mail fraud.
[01:24:54.000 --> 01:25:11.000]  And the moment we sue the judge for a case of not only malicious prosecution, subversion of rights, denial of access to the courts and all the other stuff that we've gotten the hopper on this, we're also going to make an allegation of fraud by U.S. mail.
[01:25:11.000 --> 01:25:26.000]  They are perpetrated fraud upon the defense by transmitting knowingly false information via the United States Postal Service from one agency to another agency within state government.
[01:25:26.000 --> 01:25:31.000]  Okay? These are high crimes, people.
[01:25:31.000 --> 01:25:35.000]  We need to do something about it and this is how we're going to do it.
[01:25:35.000 --> 01:25:42.000]  We're going through this and we move on to the next section. 45.023 defendants plea.
[01:25:42.000 --> 01:25:47.000]  Subsection A, after the jury is impaneled.
[01:25:47.000 --> 01:25:51.000]  After the jury is impaneled.
[01:25:51.000 --> 01:25:55.000]  That means sitting up there waiting to be a jury.
[01:25:55.000 --> 01:26:01.000]  They've been picked from the jury pool and now you've got a jury panel.
[01:26:01.000 --> 01:26:06.000]  The ones that are actually going to be there and judge the case.
[01:26:06.000 --> 01:26:08.000]  Okay?
[01:26:08.000 --> 01:26:10.000]  This is Chapter 45.
[01:26:10.000 --> 01:26:24.000]  This is the chapter that is controlling over justice and municipal courts and Class C fine only cases over everything else that we've read so far.
[01:26:24.000 --> 01:26:34.000]  Here after the jury is impaneled under 45.023 or after the defendant has waived trial by jury.
[01:26:34.000 --> 01:26:40.000]  The defendant may, one, plead guilty or not guilty.
[01:26:40.000 --> 01:26:44.000]  Two, enter a plea of no contest.
[01:26:44.000 --> 01:26:51.000]  Or three, enter the special plea of double jeopardy as described by Article 27.05.
[01:26:51.000 --> 01:27:02.000]  Subsection B, if a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection A.
[01:27:02.000 --> 01:27:19.000]  C, if a defendant who is detained in jail enters a plea of guilty or no look contender, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial by jury as appropriate, one, accept the defendant's plea.
[01:27:19.000 --> 01:27:22.000]  Now here we've got a problem.
[01:27:22.000 --> 01:27:25.000]  This presents a big problem.
[01:27:25.000 --> 01:27:27.000]  Why?
[01:27:27.000 --> 01:27:40.000]  Well, first off, 15.17 is required to be done by a magistrate if an officer arrests you for an offense and takes you immediately before said magistrate.
[01:27:40.000 --> 01:27:42.000]  Well, the jury hasn't been impaneled.
[01:27:42.000 --> 01:27:44.000]  The complaint hasn't even been filed yet.
[01:27:44.000 --> 01:28:01.000]  And yet right here, in the same section dealing with after the jury has been impaneled, okay, for the defendant's plea, Subsection C, if a defendant is detained in jail, or I'm sorry, B, if a defendant is detained in jail before trial,
[01:28:01.000 --> 01:28:05.000]  I'm sorry, I'm getting so confused reading this from a distance here.
[01:28:05.000 --> 01:28:21.000]  If a defendant who is detained in jail enters a plea of guilty or no contest, the judge or judge, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial by jury as appropriate, one, accept the defendant's plea.
[01:28:21.000 --> 01:28:22.000]  Okay.
[01:28:22.000 --> 01:28:26.000]  Well, there's a problem with them doing this in jail to begin with.
[01:28:26.000 --> 01:28:30.000]  One, all proceedings in Texas are required to be public.
[01:28:30.000 --> 01:28:38.000]  Two, why are you in jail without appearing before a magistrate when that's exactly what the transportation code says they're required to do?
[01:28:38.000 --> 01:28:41.000]  Not take you to jail, take you before a magistrate.
[01:28:41.000 --> 01:28:44.000]  So why are you in jail in the first place?
[01:28:44.000 --> 01:28:46.000]  Okay.
[01:28:46.000 --> 01:28:50.000]  There's all kinds of things wrong with this.
[01:28:50.000 --> 01:28:54.000]  You can't even be sentenced to jail if you lose the case.
[01:28:54.000 --> 01:28:59.000]  How are they allowed to lock you up when you haven't even been charged yet?
[01:28:59.000 --> 01:29:00.000]  They aren't.
[01:29:00.000 --> 01:29:02.000]  That's false imprisonment.
[01:29:02.000 --> 01:29:06.000]  That's something you can sue them for.
[01:29:06.000 --> 01:29:07.000]  Okay.
[01:29:07.000 --> 01:29:09.000]  I was doing research on that today.
[01:29:09.000 --> 01:29:15.000]  I'm trying to come up with all the Texas cases that make it very clear that that's exactly what the officer did.
[01:29:15.000 --> 01:29:33.000]  Subsection C, I'm sorry, D, notwithstanding article 45.037, following a plea of guilty or no look contender entered under subsection B, a motion for new trial must be made not later than 10 days after the rendition of judgment and sentence and not afterward.
[01:29:33.000 --> 01:29:41.000]  The justice or judge shall grant a motion for new trial made under this subsection, shall grant a motion for a new trial.
[01:29:41.000 --> 01:29:43.000]  You get that?
[01:29:43.000 --> 01:29:46.000]  And they never do.
[01:29:46.000 --> 01:29:48.000]  All right, folks, y'all hang on.
[01:29:48.000 --> 01:29:50.000]  We will continue this on the other side of this break.
[01:29:50.000 --> 01:29:52.000]  This is rule of law radio.
[01:29:52.000 --> 01:30:00.000]  Y'all hang in and we will be right back.
[01:30:00.000 --> 01:30:05.000]  Stakes and stones may break my bones, but names will never hurt me.
[01:30:05.000 --> 01:30:14.000]  I'll be back in a moment to explain how your first middle and last names can actually affect your immortality.
[01:30:14.000 --> 01:30:21.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
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[01:30:44.000 --> 01:30:48.000]  The initials of your name could significantly impact how long you live.
[01:30:48.000 --> 01:30:57.000]  According to a University of California study, positive initials like VIP or ACE could add more than four years to a man's life.
[01:30:57.000 --> 01:31:03.000]  Negative initials like PIG or DIE could shorten a man's life by two years.
[01:31:03.000 --> 01:31:09.000]  While women are less impacted by negative initials than men, positive initials can add three years to their lives.
[01:31:09.000 --> 01:31:16.000]  Researchers believe initials are powerful symbols that affect how people are treated and how they feel about themselves, and research supports it.
[01:31:16.000 --> 01:31:22.000]  Those with negative initials were more likely to commit suicide and die in accidents than those with positive initials.
[01:31:22.000 --> 01:31:24.000]  So name your kids well.
[01:31:24.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:31.000 --> 01:33:40.000]  Alright folks, we are back. This is Rule of Law Radio.
[01:33:40.000 --> 01:33:45.000]  Alright, then we get down to Article 45.024.
[01:33:45.000 --> 01:33:49.000]  Defendants Refusal to Plead.
[01:33:49.000 --> 01:33:58.000]  The justice or judge shall enter a plea of not guilty if the defendant refuses to plead.
[01:33:58.000 --> 01:34:02.000]  You get that?
[01:34:02.000 --> 01:34:08.000]  Doesn't say the justice or judge shall falsify records and send to the following government agencies
[01:34:08.000 --> 01:34:13.000]  the falsified information for the purpose of punishing the defendant without trial.
[01:34:13.000 --> 01:34:16.000]  But that's what they're doing.
[01:34:16.000 --> 01:34:22.000]  Nor shall the judge assess an additional criminal penalty of failure to appear upon the failure to enter a plea.
[01:34:22.000 --> 01:34:26.000]  That's not in there either.
[01:34:26.000 --> 01:34:29.000]  Yet, they're doing it.
[01:34:29.000 --> 01:34:31.000]  How are they doing it?
[01:34:31.000 --> 01:34:34.000]  Well, they're doing it illegally. That's how they're doing it.
[01:34:34.000 --> 01:34:38.000]  And that's exactly why we have them over a barrel if we pursue it.
[01:34:38.000 --> 01:34:44.000]  Because there is no immunity. There is no discretion.
[01:34:44.000 --> 01:34:51.000]  There is nothing for them to cling to to say, I can do that.
[01:34:51.000 --> 01:34:55.000]  Because there isn't any way for them to do that, not lawfully.
[01:34:55.000 --> 01:35:00.000]  Article 45.041, Judgment.
[01:35:00.000 --> 01:35:05.000]  Subsection A-1, notwithstanding any other provision of this article,
[01:35:05.000 --> 01:35:10.000]  during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court,
[01:35:10.000 --> 01:35:16.000]  as provided by article 27.14A or 27.16A,
[01:35:16.000 --> 01:35:22.000]  the justice or judge shall inquire whether the defendant has sufficient resources or income
[01:35:22.000 --> 01:35:29.000]  to immediately pay all or part of the fines and costs, blah, blah, blah.
[01:35:29.000 --> 01:35:34.000]  A-1, again, an updated section, which went into effect after the fact,
[01:35:34.000 --> 01:35:41.000]  says basically the same thing except for a couple of things in a different section that we're not interested in.
[01:35:41.000 --> 01:35:45.000]  So, what else is there in chapter 45?
[01:35:45.000 --> 01:35:50.000]  45.044, forfeiture of cash bond and satisfaction of fine.
[01:35:50.000 --> 01:35:55.000]  Subsection A, a justice or judge may enter a judgment of conviction in forefoot of cash bond
[01:35:55.000 --> 01:35:59.000]  posted by the defendant in satisfaction of the defendant's fine and costs
[01:35:59.000 --> 01:36:07.000]  if the defendant A-1 has entered a written and signed plea of no contest and a waiver of jury trial.
[01:36:07.000 --> 01:36:13.000]  And sub-item C, notwithstanding article 45.037 of this code,
[01:36:13.000 --> 01:36:19.000]  the defendant may file a motion for a new trial within the period provided by subsection B of this article
[01:36:19.000 --> 01:36:24.000]  and the court shall grant the motion if the motion was made within that period.
[01:36:24.000 --> 01:36:29.000]  On the new trial, the court shall permit the defendant to withdraw the previously entered plea of no look contender
[01:36:29.000 --> 01:36:32.000]  and waiver of jury trial.
[01:36:32.000 --> 01:36:35.000]  Okay?
[01:36:35.000 --> 01:36:41.000]  Article 45.051, suspension of sentence and deferral of final disposition.
[01:36:41.000 --> 01:36:47.000]  A, on a plea of guilty or no look contender by a defendant or on a finding of guilt
[01:36:47.000 --> 01:36:52.000]  in a misdemeanor case punishable by fine only and payment of all court costs,
[01:36:52.000 --> 01:36:58.000]  the judge may defer further proceedings without entering an adjudication of guilt
[01:36:58.000 --> 01:37:03.000]  and placed the defendant on probation for a period not to exceed 180 days.
[01:37:03.000 --> 01:37:08.000]  In issuing the order of deferral, the judge may impose a special expense fee on the defendant
[01:37:08.000 --> 01:37:14.000]  in an amount not to exceed the amount of the fine that could be imposed on the defendant's punishment for the offense.
[01:37:14.000 --> 01:37:19.000]  So not only do they get to keep you under their thumb for an additional 180 days,
[01:37:19.000 --> 01:37:28.000]  they can still charge you the maximum fine even though this is supposed to be a deferral of final disposition.
[01:37:28.000 --> 01:37:32.000]  Can you talk about double jeopardy in another way?
[01:37:32.000 --> 01:37:40.000]  You're being punished twice for an offense that by law is punishable by fine only,
[01:37:40.000 --> 01:37:46.000]  just to get a deferral on the judgment.
[01:37:46.000 --> 01:37:56.000]  This whole system is rigged and it's rigged against you just like the slot machines in Vegas, okay?
[01:37:56.000 --> 01:38:05.000]  If we go to 45.0511 driver safety course or motorcycle operator course dismissal,
[01:38:05.000 --> 01:38:12.000]  go down to subsection B sub-item 3, the defendant enters a plea under article 45.021 in person
[01:38:12.000 --> 01:38:17.000]  or in writing of no contest or guilty, order before the answer date on the notice to appear,
[01:38:17.000 --> 01:38:22.000]  and blah, blah, blah, subsection C, the court shall enter adjustment on the defendant's plea
[01:38:22.000 --> 01:38:28.000]  of no contest or guilty at the time the plea is made, blah, blah, blah.
[01:38:28.000 --> 01:38:35.000]  Article 45.053, dismissal of misdemeanor charge on commitment of chemically dependent person,
[01:38:35.000 --> 01:38:43.000]  subsection A on a plea of guilty or no look contender, blah, blah, blah, okay?
[01:38:43.000 --> 01:38:48.000]  Or on a finding of a guilt in a misdemeanor case punishable by fine only, a finding of guilt.
[01:38:48.000 --> 01:38:55.000]  So again, after the fact, not like they're doing it right now which is before you even gone to trial, okay?
[01:38:55.000 --> 01:39:02.000]  Then article 45.060, unadjudicated children, now adults, notice on reaching age and majority,
[01:39:02.000 --> 01:39:09.000]  again, not something we have to worry about in most cases and that's all that there is there, okay?
[01:39:09.000 --> 01:39:17.000]  So that leaves us with just a few other chapters and what they have and we will get into those real quick here
[01:39:17.000 --> 01:39:24.000]  as I get them open and ready to peruse and go from there, all right?
[01:39:24.000 --> 01:39:34.000]  Now, in chapter 52 under article 52.04, rights of witnesses, sub-item B1,
[01:39:34.000 --> 01:39:40.000]  if the court of inquiry pertains to the activities of a state governmental entity or its officers or employees,
[01:39:40.000 --> 01:39:44.000]  the officers and employees of that state governmental entity shall be indented for attorney's fees
[01:39:44.000 --> 01:39:49.000]  incurred as a result of exercising the employees or officers' right to counsel under subsection A.
[01:39:49.000 --> 01:39:54.000]  If, one, the officer or employee is found not guilty after trial or appeal on the complaint,
[01:39:54.000 --> 01:40:00.000]  information or indictment is dismissed without a plea of guilty or no contest being entered, all right?
[01:40:00.000 --> 01:40:05.000]  Anything else? Nope, that's the only one under that chapter, okay?
[01:40:05.000 --> 01:40:12.000]  56.01, or sorry, 56.02, crime victims' rights.
[01:40:12.000 --> 01:40:18.000]  Under subsection A, a victim, guardian of a victim or close relative of a deceased victim is entitled to the following rights
[01:40:18.000 --> 01:40:25.000]  within the criminal justice system, sub-item 4 of A, the right to be informed when requested by a peace officer
[01:40:25.000 --> 01:40:29.000]  concerning the defendant's right to bail and the procedures and criminal investigations,
[01:40:29.000 --> 01:40:34.000]  and by the district attorney's office concerning the general procedures in the criminal justice system,
[01:40:34.000 --> 01:40:38.000]  including general procedures and guilty plea negotiations and arrangements,
[01:40:38.000 --> 01:40:45.000]  restitution in the appeals and parole process, okay?
[01:40:45.000 --> 01:40:52.000]  Then we get down to same section or same section, but sub-item 12A,
[01:40:52.000 --> 01:40:57.000]  by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted,
[01:40:57.000 --> 01:41:02.000]  again irrelevant to issuing a false allegation of failure to appear.
[01:41:02.000 --> 01:41:06.000]  56.08, notification of rights by attorney representing the state.
[01:41:06.000 --> 01:41:11.000]  A, not later than the 10th day after the date that the indictment or information is returned against the defendant
[01:41:11.000 --> 01:41:16.000]  for an offense, the attorney representing the state shall give to each victim of the offense a written notice containing,
[01:41:16.000 --> 01:41:22.000]  one, a brief general statement of each procedural stage in the processing of a criminal case,
[01:41:22.000 --> 01:41:27.000]  including bail, plea bargaining, parole, restitution and appeal, okay?
[01:41:27.000 --> 01:41:32.000]  Then we get down to the next section there, which is B-1,
[01:41:32.000 --> 01:41:37.000]  the attorney representing the state as far as reasonably practical shall give to the victim, guardian of a victim,
[01:41:37.000 --> 01:41:44.000]  or close relative of the deceased victim, notice of the existence in terms of any plea bargain agreement to be presented to the court.
[01:41:44.000 --> 01:41:48.000]  Subsection E, the brief general statement describing the plea bargaining stage,
[01:41:48.000 --> 01:41:56.000]  one, dealing with a plea bargain, two, dealing with a plea bargain, C, two, dealing with a plea bargain, okay?
[01:41:56.000 --> 01:42:02.000]  Again, completely irrelevant to what they're doing, so that's all of them in that chapter.
[01:42:02.000 --> 01:42:10.000]  In Chapter 60, Article 60.061, information on persons licensed by certain agencies.
[01:42:10.000 --> 01:42:14.000]  Subsection B, the Department of Public Safety shall perform at least quarterly a computer match
[01:42:14.000 --> 01:42:20.000]  of the licensing list against the convictions maintained in the computerized criminal history system.
[01:42:20.000 --> 01:42:24.000]  The Department of Public Safety shall report to the appropriate licensing agency for verification
[01:42:24.000 --> 01:42:28.000]  and administrative action as considered appropriate by the licensing agency.
[01:42:28.000 --> 01:42:33.000]  The name of any person found to have a record of conviction except a defendant whose prosecution is deferred
[01:42:33.000 --> 01:42:39.000]  during a period of community supervision without an adjudication or plea of guilt.
[01:42:39.000 --> 01:42:44.000]  And that's all there is in Chapter 60.
[01:42:44.000 --> 01:42:51.000]  Now we move over to Chapter 62, and we look at Article 62.351, motion and hearing generally,
[01:42:51.000 --> 01:42:55.000]  exemptions from registration for certain juveniles.
[01:42:55.000 --> 01:43:02.000]  Again, mostly irrelevant to us, but 62.351D, if a respondent as part of a plea agreement,
[01:43:02.000 --> 01:43:05.000]  again with a plea agreement, not something we need to know about.
[01:43:05.000 --> 01:43:11.000]  Subsection B, after hearing under Article 62.351 or under a plea agreement, again irrelevant
[01:43:11.000 --> 01:43:13.000]  from what we're talking about.
[01:43:13.000 --> 01:43:20.000]  62.355, waiver of a hearing, Subsection A, the prosecuting attorney may waive the state's right
[01:43:20.000 --> 01:43:25.000]  to a hearing under this chapter and agree that the registration under this chapter is not required.
[01:43:25.000 --> 01:43:30.000]  A waiver under this section must state whether the waiver is entered under a plea agreement.
[01:43:30.000 --> 01:43:34.000]  Again, plea agreement, plea agreement, plea agreement.
[01:43:34.000 --> 01:43:40.000]  So again irrelevant for our purposes and thus exhaust Chapter 62, leaving us with three other chapters
[01:43:40.000 --> 01:43:45.000]  to go through its references on the other side of this break, and then we will be done.
[01:43:45.000 --> 01:43:48.000]  Let's hope I can get through it because that's our last segment.
[01:43:48.000 --> 01:43:52.000]  Y'all hang on folks and we'll be right back after this break.
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:02.000 --> 01:46:22.000]  Music
[01:46:22.000 --> 01:46:24.000]  Alright folks, we are back.
[01:46:24.000 --> 01:46:26.000]  This is rule of law radio.
[01:46:26.000 --> 01:46:27.000]  We are now in the last segment.
[01:46:27.000 --> 01:46:30.000]  Yes folks, the phones are off because I'm trying to get this material out there
[01:46:30.000 --> 01:46:33.000]  and there's no way I would get this done otherwise.
[01:46:33.000 --> 01:46:36.000]  Okay, now let me see if I can get this wrapped up here.
[01:46:36.000 --> 01:46:43.000]  The next section that we have is chapter 64, which deals with motion for forensic DNA testing.
[01:46:43.000 --> 01:46:46.000]  And this all has to do with convictions and blah blah blah.
[01:46:46.000 --> 01:46:52.000]  So again, I don't know of many traffic offenses where forensic DNA testing is necessary.
[01:46:52.000 --> 01:46:57.000]  So this one is pretty much irrelevant because the term plea only appears here once
[01:46:57.000 --> 01:46:59.000]  and it deals with a convicted person.
[01:46:59.000 --> 01:47:02.000]  So irrelevant for our purposes, right?
[01:47:02.000 --> 01:47:06.000]  Now we get over to chapter 66.
[01:47:06.000 --> 01:47:13.000]  66.104, duties of licensing agencies to provide information regarding license holders.
[01:47:13.000 --> 01:47:19.000]  We get down to subsection B, the Department of Public Safety shall, one,
[01:47:19.000 --> 01:47:23.000]  perform at least quarterly a computer match of the licensing list against the convictions
[01:47:23.000 --> 01:47:26.000]  maintained in the computerized criminal history system.
[01:47:26.000 --> 01:47:32.000]  And two, report to the appropriate licensing agency for verification and administrative action
[01:47:32.000 --> 01:47:35.000]  as considered appropriate by the licensing agency.
[01:47:35.000 --> 01:47:39.000]  The name of any person found to have a record of conviction other than a defendant
[01:47:39.000 --> 01:47:43.000]  whose prosecution is deferred during a period of community supervision
[01:47:43.000 --> 01:47:48.000]  without an adjudication of guilt or a plea of guilty, okay?
[01:47:48.000 --> 01:47:53.000]  And that is all there is in that entire chapter of chapter 66,
[01:47:53.000 --> 01:47:59.000]  which now brings us to chapter, what, here, 103,
[01:47:59.000 --> 01:48:03.000]  which deals with, of all things, collections.
[01:48:03.000 --> 01:48:09.000]  Payment collection and record keeping to be exact in these so-called criminal cases
[01:48:09.000 --> 01:48:11.000]  of all kinds and varieties.
[01:48:11.000 --> 01:48:20.000]  And we get down to article 1.03.0031 collection contracts,
[01:48:20.000 --> 01:48:28.000]  subsection B, sub-item 2, a commissioner's court or governing body of a municipality
[01:48:28.000 --> 01:48:32.000]  that enters into a contract with a private attorney or private vendor under this article
[01:48:32.000 --> 01:48:37.000]  may authorize the addition of a collection fee in the amount of 30%
[01:48:37.000 --> 01:48:42.000]  on each item described in the subsection A that is more than 60 days past due
[01:48:42.000 --> 01:48:48.000]  and has been referred to the attorney or vendor for collection.
[01:48:48.000 --> 01:48:53.000]  The collection fee does not apply to a case that has been dismissed by a court
[01:48:53.000 --> 01:48:57.000]  of competent jurisdiction or to have any amount that has been satisfied
[01:48:57.000 --> 01:49:00.000]  through time-served credit or community service.
[01:49:00.000 --> 01:49:04.000]  The collection fee may be applied to any balance remaining after a partial credit
[01:49:04.000 --> 01:49:09.000]  for time-served or community service if the balance is more than 60 days past due.
[01:49:09.000 --> 01:49:11.000]  Unless the contract provides otherwise,
[01:49:11.000 --> 01:49:15.000]  the court shall calculate the amount of any collection fee due to the governmental entity
[01:49:15.000 --> 01:49:18.000]  or to the private attorney or private vendor performing the collection services
[01:49:18.000 --> 01:49:21.000]  and shall receive all fees including the collection fee.
[01:49:21.000 --> 01:49:24.000]  With respect to cases described by subsection A2,
[01:49:24.000 --> 01:49:30.000]  the amount to which 30% collection fee applies is sub-item 2,
[01:49:30.000 --> 01:49:34.000]  the amount ordered paid by the court after plea or trial.
[01:49:34.000 --> 01:49:35.000]  Okay?
[01:49:35.000 --> 01:49:39.000]  Now there's another issue here with how they're doing this
[01:49:39.000 --> 01:49:44.000]  and we have to go back to the beginning of Title II of the Code of Criminal Procedure
[01:49:44.000 --> 01:49:47.000]  which is where this is located by the way to explain that.
[01:49:47.000 --> 01:49:52.000]  But in there, in order for them to even begin to collect any money whatsoever,
[01:49:52.000 --> 01:49:59.000]  one penny's worth, they are required to submit an itemized signed bill to the defendant.
[01:49:59.000 --> 01:50:06.000]  It's right there in the very first chapters of Title II of the Code of Criminal Procedure,
[01:50:06.000 --> 01:50:09.000]  everything they require to do to collect and they never do it.
[01:50:09.000 --> 01:50:14.000]  And yet they put out warrants for failure to pay and everything else
[01:50:14.000 --> 01:50:18.000]  when in fact they have not done what the law requires them to do
[01:50:18.000 --> 01:50:23.000]  in order to itemize what they're charging for so that that money can be tracked and accounted for
[01:50:23.000 --> 01:50:29.000]  and we can know whether or not they're defrauding the individual for monies they're not entitled to.
[01:50:29.000 --> 01:50:34.000]  Like the hospitals do all the time, $500 for a single aspirin.
[01:50:34.000 --> 01:50:36.000]  What a load of crap.
[01:50:36.000 --> 01:50:37.000]  Okay?
[01:50:37.000 --> 01:50:42.000]  Now, under sub-item J here, it says,
[01:50:42.000 --> 01:50:47.000]  a communication to the accused person regarding the amount of payment that is acceptable to the court.
[01:50:47.000 --> 01:50:51.000]  Under the court standard policy for resolution of a case must include, one,
[01:50:51.000 --> 01:50:56.000]  a notice of the person's right to enter a plea or go to trial on any offense charged.
[01:50:56.000 --> 01:50:57.000]  Okay?
[01:50:57.000 --> 01:50:59.000]  But they don't do that.
[01:50:59.000 --> 01:51:05.000]  But here they're trying to say that these people can collect on a ticket that has not been adjudicated.
[01:51:05.000 --> 01:51:09.000]  Otherwise, why would this be here?
[01:51:09.000 --> 01:51:13.000]  Why would they have to notify you that you have a right to enter a plea and go to trial
[01:51:13.000 --> 01:51:20.000]  unless they're attempting to collect the money before the case has ever even been adjudicated?
[01:51:20.000 --> 01:51:26.000]  And this is only allowed to go to these collection agencies if they're 60 days past due.
[01:51:26.000 --> 01:51:29.000]  They can't be past due if they haven't been adjudicated
[01:51:29.000 --> 01:51:34.000]  and the individual has not pled guilty or no contest.
[01:51:34.000 --> 01:51:37.000]  Yet they're doing it.
[01:51:37.000 --> 01:51:47.000]  See what I mean about them not following the code of criminal procedure so they can steal your money more expeditiously?
[01:51:47.000 --> 01:51:50.000]  This is what they're doing all the time.
[01:51:50.000 --> 01:51:58.000]  Now, we have gone through every single chapter and every single place where the entering of a plea exists in the code of criminal procedure.
[01:51:58.000 --> 01:52:03.000]  Code of criminal procedure is the only place that deals with the entering of a plea.
[01:52:03.000 --> 01:52:06.000]  Okay? There is nothing else that does that.
[01:52:06.000 --> 01:52:11.000]  So everything we've gone through here, not one single statute,
[01:52:11.000 --> 01:52:22.000]  authorizes any magistrate or judge of any court to convert a failure or refusal to enter a plea,
[01:52:22.000 --> 01:52:26.000]  especially an unconscionable uninformed plea,
[01:52:26.000 --> 01:52:30.000]  into a criminal act of failure to appear,
[01:52:30.000 --> 01:52:33.000]  and then falsify not only the charge,
[01:52:33.000 --> 01:52:38.000]  but additional records and information transferred to other state agencies
[01:52:38.000 --> 01:52:45.000]  to place penalties upon the accused without adjudication of the allegation in the first place.
[01:52:45.000 --> 01:52:49.000]  Because here's what is happening in the case I'm helping with.
[01:52:49.000 --> 01:52:54.000]  This municipal court did exactly what we're talking about.
[01:52:54.000 --> 01:53:00.000]  They converted someone's declination to plea.
[01:53:00.000 --> 01:53:03.000]  They declined to plea because, one, they had not been served with a copy of the complaint.
[01:53:03.000 --> 01:53:10.000]  A complaint still does not even exist in relation to the case that we have a copy of or know about.
[01:53:10.000 --> 01:53:16.000]  And this court sent notice to the Department of Public Safety that the individual failed to appear
[01:53:16.000 --> 01:53:22.000]  because the individual wouldn't enter a plea to the clerk.
[01:53:22.000 --> 01:53:25.000]  Not the court, the clerk.
[01:53:25.000 --> 01:53:27.000]  Okay?
[01:53:27.000 --> 01:53:30.000]  The judge is the one who has to authorize this,
[01:53:30.000 --> 01:53:32.000]  so the judge is not going to have any way to say,
[01:53:32.000 --> 01:53:36.000]  I didn't know, I'm not responsible, I'm not to blame.
[01:53:36.000 --> 01:53:39.000]  You are absolutely to blame.
[01:53:39.000 --> 01:53:45.000]  And it's a criminal conspiracy because two people are involved in it.
[01:53:45.000 --> 01:53:48.000]  Two or more people are involved in it.
[01:53:48.000 --> 01:53:54.000]  The judge and his clerks or clerk, either one of them, it only takes two or more.
[01:53:54.000 --> 01:53:57.000]  So we have criminal conspiracy.
[01:53:57.000 --> 01:54:00.000]  We have conspiracy against rights.
[01:54:00.000 --> 01:54:04.000]  Those are both federal offenses as well as state offenses.
[01:54:04.000 --> 01:54:06.000]  Okay?
[01:54:06.000 --> 01:54:11.000]  Not to mention the individual rights violations that are being directed at the individual
[01:54:11.000 --> 01:54:16.000]  in relation to this false allegation to the state agency of the Department of Public Safety,
[01:54:16.000 --> 01:54:21.000]  who has refused to allow the man to renew his license
[01:54:21.000 --> 01:54:24.000]  because the court falsely reported failure to appear.
[01:54:24.000 --> 01:54:31.000]  Now get this, they are not allowed to suspend the license.
[01:54:31.000 --> 01:54:32.000]  They didn't suspend it.
[01:54:32.000 --> 01:54:38.000]  We have a copy of his actual driver's record to prove there was no suspension.
[01:54:38.000 --> 01:54:42.000]  It simply says that he was ineligible for renewal.
[01:54:42.000 --> 01:54:49.000]  Okay? Because of the report that this court falsely put on him with the Department of Public Safety.
[01:54:49.000 --> 01:54:56.000]  So when his license expired, and he has to be in a car to do what he does.
[01:54:56.000 --> 01:54:58.000]  Okay?
[01:54:58.000 --> 01:55:02.000]  And he can't renew it after it expired because the DPS refuses to renew it.
[01:55:02.000 --> 01:55:03.000]  But he still had to work.
[01:55:03.000 --> 01:55:04.000]  He still had to do everything.
[01:55:04.000 --> 01:55:08.000]  Now there was no notice for an administrative hearing on this.
[01:55:08.000 --> 01:55:15.000]  And the administrative hearing would have done nothing to solve this problem of what this court did.
[01:55:15.000 --> 01:55:17.000]  Wouldn't have done it at all.
[01:55:17.000 --> 01:55:24.000]  Because the DPS does not take its cues on suspension from the administrative court.
[01:55:24.000 --> 01:55:28.000]  It takes it from the other court.
[01:55:28.000 --> 01:55:35.000]  So the hearing, had he been notified of one, would have been worthless and pointless.
[01:55:35.000 --> 01:55:37.000]  Okay?
[01:55:37.000 --> 01:55:41.000]  Notice that the hearing is not even subject to because he's not a transportation driver.
[01:55:41.000 --> 01:55:43.000]  But that's another issue.
[01:55:43.000 --> 01:55:50.000]  The thing about it is, he was not given any opportunity to defend his case and prove that he had appeared in that court.
[01:55:50.000 --> 01:55:54.000]  And that the information given to the DPS was in fact false.
[01:55:54.000 --> 01:55:57.000]  And it was knowingly false.
[01:55:57.000 --> 01:56:00.000]  That's a crime.
[01:56:00.000 --> 01:56:03.000]  So the DPS didn't let him renew.
[01:56:03.000 --> 01:56:15.000]  He got a ticket, subsequent harm, because of the false records input into that system by the judge of that other court.
[01:56:15.000 --> 01:56:17.000]  Ta-da!
[01:56:17.000 --> 01:56:21.000]  Criminal conspiracy completed.
[01:56:21.000 --> 01:56:34.000]  The individual has now suffered a harm as a direct result of the actions taken by that judge and his clerk against the individual without any authority of law whatsoever.
[01:56:34.000 --> 01:56:40.000]  And we have evidence that the gentleman appeared in the court on the day he was supposed to appear.
[01:56:40.000 --> 01:56:42.000]  We have a witness that was with him.
[01:56:42.000 --> 01:56:48.000]  We have court stamp documents that he filed, which the court itself has copies of.
[01:56:48.000 --> 01:56:57.000]  Which the court gave him copies of on top of what he kept for himself when he filed it and had it stamped.
[01:56:57.000 --> 01:57:04.000]  And they do this all over the state, regularly.
[01:57:04.000 --> 01:57:14.000]  So now we have a Title 42 lawsuit to write up against this municipal judge, this municipal court, and this municipality.
[01:57:14.000 --> 01:57:29.000]  For failure to properly train, properly manage, and properly oversee this moron with a bar card that thinks he can do whatever the hell he wants because he has a bar card.
[01:57:29.000 --> 01:57:35.000]  And wears the title of judge, albeit laughingly so.
[01:57:35.000 --> 01:57:41.000]  Because the man is completely, utterly, criminally incompetent.
[01:57:41.000 --> 01:57:48.000]  He has done everything necessary to ensure he goes to jail.
[01:57:48.000 --> 01:57:54.000]  And I intend to be the one that ushers him through the door.
[01:57:54.000 --> 01:57:56.000]  Wait and see.
[01:57:56.000 --> 01:58:06.000]  This man is going to pay for what he's done because what he's done is a crime for which he has no immunity or authority.
[01:58:06.000 --> 01:58:07.000]  Mark my words.
[01:58:07.000 --> 01:58:09.000]  We're going after this guy.
[01:58:09.000 --> 01:58:19.000]  All right, folks, sorry I wasn't able to take callers tonight, but I had to get this information out there so you'd understand where we're coming from and where we're going and why we need to do it.
[01:58:19.000 --> 01:58:22.000]  So this has been the Monday Night Rule of Law radio show with your host, Eddie Craig.
[01:58:22.000 --> 01:58:24.000]  I thank you all for listening.
[01:58:24.000 --> 01:58:26.000]  I hope you find the information useful.
[01:58:26.000 --> 01:58:31.000]  And if you're in this same situation, you need to start getting your evidence together for a lawsuit.
[01:58:31.000 --> 01:58:40.000]  Some of the information requests, I'm going to post a copy of what we filed to request this information up on my legal blog and up on my Facebook page.
[01:58:40.000 --> 01:58:45.000]  T-A-O-O-F-L-A-W.wordpress.com is my blog.
[01:58:45.000 --> 01:58:46.000]  Y'all have a great week.
[01:58:46.000 --> 01:58:47.000]  Good night.
[01:58:47.000 --> 01:59:02.000]  God bless.
[01:59:17.000 --> 01:59:21.000]  Visit us online at bfa.org.
[01:59:21.000 --> 01:59:30.000]  This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
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[01:59:33.000 --> 01:59:41.000]  To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102.
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