ROL_2021-04-15_16k.timecode

[00:00.000 --> 00:07.000]  The following news flashes brought to you by the Lone Star Lowdown.
[00:07.000 --> 00:13.320]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.320 --> 00:21.600]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.600 --> 00:29.920]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.920 --> 00:41.760]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.760 --> 00:52.640]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated
[00:52.640 --> 00:57.960]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.960 --> 01:04.960]  10 and entering 40.
[01:04.960 --> 01:09.640]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp and
[01:09.640 --> 01:14.440]  Attacks's law back in June, county prosecutors around the state including Houston, Austin,
[01:14.440 --> 01:19.080]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:19.080 --> 01:23.040]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:23.040 --> 01:24.920]  test the herb for THC.
[01:24.920 --> 01:28.680]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.680 --> 01:33.240]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.240 --> 01:34.240]  law.
[01:34.240 --> 01:37.840]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.840 --> 01:42.320]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.320 --> 01:48.520]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.520 --> 01:51.480]  well as other cities too like the district attorney.
[01:51.480 --> 01:57.520]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law quote
[01:57.520 --> 02:02.000]  will not have an effect on the prosecution of marijuana cases in El Paso.
[02:02.000 --> 02:07.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:07.000 --> 02:11.440]  in Harris County who stated that quote, the law is constantly changing on what makes something
[02:11.440 --> 02:13.720]  illegal based on its chemical makeup.
[02:13.720 --> 02:17.600]  It's important that if someone is charged with something, the test matches what they're
[02:17.600 --> 02:22.800]  charged with.
[02:22.800 --> 02:27.680]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.680 --> 02:32.600]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.600 --> 02:38.240]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.240 --> 02:39.720]  Pacific Ocean.
[02:39.720 --> 02:44.040]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.040 --> 02:50.280]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.280 --> 03:16.320]  glow.
[03:20.280 --> 03:25.280]  What's she gonna do? What's she gonna do?
[03:25.280 --> 03:29.280]  Yeah, bad boys, bad boys
[03:29.280 --> 03:32.280]  What's she gonna do? What's she gonna do when they come for you?
[03:32.280 --> 03:34.280]  Bad boys, bad boys
[03:34.280 --> 03:38.280]  What's she gonna do? What's she gonna do when they come for you?
[03:38.280 --> 03:41.280]  When you were eight and you had that dream
[03:41.280 --> 03:44.280]  You go to school and learn to go and then lose
[03:44.280 --> 03:46.280]  So why are you acting like a bloody fool?
[03:46.280 --> 03:50.280]  If you get beat, then you must just prove bad boys, bad boys
[03:50.280 --> 03:54.280]  What's she gonna do? What's she gonna do when they come for you?
[03:54.280 --> 03:56.280]  Okay, howdy, howdy
[03:56.280 --> 04:00.280]  This is Randy Kelton, Brett Fountain, Wheel of Law Radio
[04:00.280 --> 04:03.280]  On this Thursday
[04:03.280 --> 04:07.280]  The what day? The 15th day of April?
[04:07.280 --> 04:09.280]  April 4th
[04:09.280 --> 04:11.280]  No, no, this is Pay Your Tax Day
[04:11.280 --> 04:13.280]  Exactly
[04:13.280 --> 04:19.280]  Oh, okay, the 15th of April, 2021
[04:19.280 --> 04:22.280]  And I'm here with Brett Fountain
[04:22.280 --> 04:26.280]  And I just got back from Tennessee
[04:26.280 --> 04:30.280]  My mom passed away last week and we buried her
[04:30.280 --> 04:37.280]  And I just got back and have been, before I left, I got a call out of Johnson County
[04:37.280 --> 04:40.280]  I had someone in jail in Johnson County
[04:40.280 --> 04:45.280]  And I went down there and kind of put in an appearance
[04:45.280 --> 04:47.280]  So that they know I'm there
[04:47.280 --> 04:52.280]  We were about to land on Johnson County a second time
[04:52.280 --> 04:55.280]  I landed on them a few years ago
[04:55.280 --> 04:58.280]  When was that?
[04:58.280 --> 05:02.280]  Brett, probably 2007 or 2008
[05:02.280 --> 05:04.280]  I don't know
[05:04.280 --> 05:07.280]  I presented the district attorney there to the grand jury
[05:07.280 --> 05:13.280]  Because he refused to act on criminal complaints against public officials
[05:13.280 --> 05:18.280]  And it turns out that he's doing the same thing again
[05:18.280 --> 05:22.280]  So we're going to do our best to wind their clocks
[05:22.280 --> 05:28.280]  The program I'm putting together for Wise County
[05:28.280 --> 05:31.280]  We'll import into Johnson County
[05:31.280 --> 05:37.280]  And I've got someone I'm working with down in Houston at Fort Bend County
[05:37.280 --> 05:44.280]  I'm finding the same situation in most all of these places
[05:44.280 --> 05:51.280]  In that there is no 16.17 or in the record
[05:51.280 --> 05:57.280]  And that turns out to be a really, really big deal
[05:57.280 --> 06:01.280]  Yeah, it seems like a pattern and a practice of deprivation of rights
[06:01.280 --> 06:05.280]  Yeah, they have been for a long time
[06:05.280 --> 06:09.280]  They've been not doing examining trials
[06:09.280 --> 06:13.280]  And there's some really stupid case out in 1970
[06:13.280 --> 06:21.280]  Clark v. State that said that references the fact that 16.01 Texas Code of Criminal procedure
[06:21.280 --> 06:27.280]  Chapter 16 is the section on examining trials
[06:27.280 --> 06:30.280]  In Texas they're called examining trials
[06:30.280 --> 06:35.280]  In most states they're called preliminary hearings
[06:35.280 --> 06:39.280]  They're addressed in the federal as preliminary hearings
[06:39.280 --> 06:47.280]  But it is the requirement that if a person is arrested for any reason
[06:47.280 --> 06:50.280]  With or without a warrant
[06:50.280 --> 06:56.280]  They are to be taken directly to the nearest magistrate
[06:56.280 --> 07:01.280]  And the officer must explain themselves
[07:01.280 --> 07:04.280]  And that's not because they don't trust the officers
[07:04.280 --> 07:09.280]  This has been in place since 1215 AD
[07:09.280 --> 07:14.280]  They didn't want the public to fear the police
[07:14.280 --> 07:21.280]  So they made it so that the police could arrest but had no power to imprison
[07:21.280 --> 07:26.280]  They did not hold the key to the jailhouse door
[07:26.280 --> 07:29.280]  That was left to the magistrate
[07:29.280 --> 07:32.280]  It was intended that you not have to fear the police
[07:32.280 --> 07:39.280]  But somehow prosecutors always felt like
[07:39.280 --> 07:46.280]  They should be the ones to make a decision as to whether or not to prosecute
[07:46.280 --> 07:49.280]  Our founders understood that
[07:49.280 --> 07:54.280]  And absolutely forbade them to do that
[07:54.280 --> 07:57.280]  But they got back to it anyway
[07:57.280 --> 08:05.280]  The problem is the code was very carefully crafted
[08:05.280 --> 08:11.280]  And a large number of pieces were put in place
[08:11.280 --> 08:17.280]  Such that if you failed to hold this examining trial
[08:17.280 --> 08:25.280]  All sorts of rights would be violated against the accused
[08:25.280 --> 08:28.280]  Yeah, the rest of the code just doesn't even work
[08:28.280 --> 08:33.280]  Well, let me go through a few of these
[08:33.280 --> 08:38.280]  Okay, let me back up a little bit
[08:38.280 --> 08:44.280]  In order for the court to get subject matter jurisdiction
[08:44.280 --> 08:49.280]  First, there must be a criminal affidavit
[08:49.280 --> 08:55.280]  Does not have to be by a...
[08:55.280 --> 08:57.280]  What's the term, Brett?
[08:57.280 --> 08:59.280]  Someone with first hand...
[08:59.280 --> 09:00.280]  An eyewitness?
[09:00.280 --> 09:05.280]  Yeah, an eyewitness, it can be here, say
[09:05.280 --> 09:09.280]  It doesn't have to be someone who has actual first hand knowledge
[09:09.280 --> 09:14.280]  If my next door neighbor tells me that his next door neighbor
[09:14.280 --> 09:18.280]  He saw him do something really horrible, but he's terrified of this guy
[09:18.280 --> 09:21.280]  And he is not going to say anything
[09:21.280 --> 09:26.280]  But if my neighbor tells me he did this thing and I believe that he did this thing
[09:26.280 --> 09:29.280]  Then I have a duty to report it
[09:29.280 --> 09:35.280]  And a magistrate can hear my complaint, my evidence
[09:35.280 --> 09:37.280]  And it doesn't have to be first hand evidence
[09:37.280 --> 09:45.280]  For the purpose of determining if a crime has been committed
[09:45.280 --> 09:49.280]  And the named person committed the crime
[09:49.280 --> 09:58.280]  And in order to do that, all someone has to have is reason to believe and do believe
[09:58.280 --> 10:02.280]  And this is the prescription for a criminal complaint in the state of Texas
[10:02.280 --> 10:13.280]  Texas is the only state that I've seen so far that prescribes what must be in a criminal complaint
[10:13.280 --> 10:19.280]  It says that a criminal complaint must run in the name of the state of Texas
[10:19.280 --> 10:30.280]  And the complainant must claim that they have reason to believe and do believe
[10:30.280 --> 10:33.280]  That's all that's required
[10:33.280 --> 10:41.280]  No first hand evidence, no direct witness evidence, just hearsay
[10:41.280 --> 10:45.280]  Just believe, have reason to believe and do believe
[10:45.280 --> 10:50.280]  And I have some forms on juristimprudence.website
[10:50.280 --> 10:57.280]  And they start with, the title is in the name and under the, by the authority of the state of Texas
[10:57.280 --> 11:03.280]  And it starts out, I give my name here and have to refer to as complainant
[11:03.280 --> 11:08.280]  Have reason to believe and do believe based on the following column
[11:08.280 --> 11:18.280]  And then I state the facts addressing the allegation and then based on the above, therefore based on the above
[11:18.280 --> 11:26.280]  I charge that so and so violated such and such a crime, committed such and such a crime in violation of a specific statute
[11:26.280 --> 11:28.280]  That's my criminal complaints
[11:28.280 --> 11:29.280]  That's all it takes
[11:29.280 --> 11:43.280]  A criminal complaint is what's necessary to give a magistrate subject matter jurisdiction for the purpose of holding a preliminary hearing
[11:43.280 --> 11:52.280]  No court can have subject matter jurisdiction without a determination that a crime has been committed
[11:52.280 --> 12:02.280]  And the name that there is reason to believe a crime has been committed and that the named person committed that crime
[12:02.280 --> 12:14.280]  That can only be done by a examining trial or in all other states of preliminary hearing before a magistrate, not a judge
[12:14.280 --> 12:19.280]  Now, the person sitting may actually be a judge
[12:19.280 --> 12:29.280]  But when they're sitting for the purpose of examining into a criminal accusation, they're sitting in the capacity of a magistrate
[12:29.280 --> 12:35.280]  All judges in the state of Texas are magistrates and so are all the mayors
[12:35.280 --> 12:40.280]  And something called reporters, we're not exactly sure what that is
[12:40.280 --> 12:49.280]  There's an indication that it may be a clerk, but it's unclear, so I never include recorders
[12:49.280 --> 12:52.280]  But certainly all judges and mayors
[12:52.280 --> 12:58.280]  So any of those can hear a criminal complaint and assure want
[12:58.280 --> 13:12.280]  The only method for issuing a warrant in the state of Texas by anyone other than the trial court is by way of an examining trial
[13:12.280 --> 13:20.280]  In chapter 16 defines all of the things that must be done in an examining trial
[13:20.280 --> 13:32.280]  And their problem is they're not holding one, so when they don't hold one, the person at a preliminary hearing, they're holding a hearing before a magistrate
[13:32.280 --> 13:42.280]  Or I've been not saying a magistrate because in this case they're acting as a judicial officer
[13:42.280 --> 13:49.280]  They're holding a hearing, but the hearing that they hold, they call it a magistration
[13:49.280 --> 13:57.280]  So if you put magistration into Microsoft Word, it will draw the red line under it
[13:57.280 --> 14:02.280]  It doesn't recognize it, but frankly I don't either
[14:02.280 --> 14:12.280]  It's not in the code anywhere, now there is something that they do that they call it a magistration
[14:12.280 --> 14:23.280]  What they do is contained in 14.06 code of criminal procedure and 15.17 code of criminal procedure
[14:23.280 --> 14:39.280]  And what this goes to, if you are arrested for a crime and you're arrested outside the county for, I'm sorry, if you're arrested on an on-site offense under 14.06
[14:39.280 --> 14:50.280]  14.01 authorizes an officer to arrest someone for an on-site offense
[14:50.280 --> 15:00.280]  But let's say the officer sees the guy committed a crime and he splits and the officer chases him and catches him in another county
[15:00.280 --> 15:07.280]  Well, you have a right to an examining trial in the county where the crime has been committed, the county of regional jurisdiction
[15:07.280 --> 15:22.280]  If he arrests the person outside the county, then while the magistrate can hold an examining trial under Attorney General Opinion H500 addresses
[15:22.280 --> 15:26.280]  Who can hold examining trials
[15:26.280 --> 15:44.280]  Any magistrate may sit in an examining court
[15:44.280 --> 15:52.280]  211 says, when a magistrate sits for the purpose of examining into a criminal accusation, that is an examining court
[15:52.280 --> 16:07.280]  So any magistrate may sit for an examining court and under Attorney General Opinion H500, any magistrate can hear any complaint fell in your misdemeanor state or federal from anywhere in the state
[16:07.280 --> 16:17.280]  So technically, no matter where you're at, you can take someone before a magistrate and they can hold an examining trial
[16:17.280 --> 16:28.280]  Or you can take a criminal complaint to a magistrate and the magistrate can hold an examining trial in the form of an exporter hearing
[16:28.280 --> 16:36.280]  That's why when you read a warrant, the warrant says we're about to jump off the cliff
[16:36.280 --> 16:48.280]  This is Randy Kelton, Brett Fountain, Rue Valle Radio, our call in number 512-646-1984. Oh, we'll be right back in about 13 seconds
[16:48.280 --> 16:57.280]  So I couldn't see my clock so I had to get a scroll on the screen. Hang on, we'll be right back
[16:57.280 --> 17:11.280]  It's the 2019 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gun Works
[17:11.280 --> 17:18.280]  Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air
[17:18.280 --> 17:27.280]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR-15. More prizes and sponsors to be announced
[17:27.280 --> 17:36.280]  Every $25 donation is a chance to win. When you purchase Randy Kelton's ebook, Legal 101, you get 4 chances to win
[17:36.280 --> 17:40.280]  Purchase Eddie Craig's Traffic Seminar and get 10 chances to win
[17:40.280 --> 17:49.280]  Enjoy the shows on Logos Radio Network. Support our fundraiser so we can keep bringing you the best quality programming on Talk Radio today
[17:49.280 --> 17:56.280]  We also accept Bitcoin and other cryptocurrencies. And remember, every $25 donation is a chance to win
[17:56.280 --> 18:01.280]  Go to LogosRadioNetwork.com for details and donate today
[18:01.280 --> 18:12.280]  Logos Radio Network welcomes a new show to our lineup for the new year. Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time
[18:12.280 --> 18:21.280]  Our goal is in accord with Matthew 516. Let your light so shine before men that they may see your good works and glorify your Father which is in Heaven
[18:21.280 --> 18:26.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear
[18:26.280 --> 18:34.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works
[18:34.280 --> 18:41.280]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week
[18:41.280 --> 18:48.280]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development
[18:48.280 --> 19:00.280]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures
[19:18.280 --> 19:47.280]  We are back, Randy Kelton, Brett Fountain, We Will Are Radio and I'm talking about what I believe to be
[19:47.280 --> 19:56.280]  One of the most important issues in Texas law today, at least Texas criminal law
[19:56.280 --> 20:07.280]  And that's an examining trial. I've been 30 years researching the system, looking for what is wrong. We have a system that's destabilized here
[20:07.280 --> 20:20.280]  And anytime, as an engineer, if I look at a system and it's generally breaking down, I can't go blame this on the operators
[20:20.280 --> 20:33.280]  I have to look at something in the system that's destabilizing the system and it's kind of worthless to go after symptoms. You want to find what the cause is
[20:33.280 --> 20:48.280]  So I spent some 30 years researching this particular issue. First 15 years, I read the Code of Criminal Procedure and Penal Code after I'd been arrested one time
[20:48.280 --> 21:04.280]  And then looked at the practice and I thought, have I stepped through the looking glass? And how could the practice be so dramatically different than the Code? And I was sure that I must have missed something
[21:04.280 --> 21:13.280]  After 15 years, it became abundantly clear that I hadn't missed anything. That it said exactly what it said, they just weren't doing it right
[21:13.280 --> 21:22.280]  Okay, once I got that, I don't know, first I blamed the police and then I blamed the prosecutors and the judges
[21:22.280 --> 21:33.280]  There's none of those. The system is breaking down because something basic is wrong
[21:33.280 --> 21:45.280]  And I can't find any real bad guys here. Okay, there are, in any system, there are always going to be a few individuals that are problematic
[21:45.280 --> 21:54.280]  But I don't know a policeman. I don't know a single one who became a policeman so he'd be a Jack Boogie thug
[21:54.280 --> 22:00.280]  They want to be good guys. Most of all the public officials I talk to, they want to be good guys
[22:00.280 --> 22:08.280]  And most people I talk to who are part of the system agree the system is a mess
[22:08.280 --> 22:20.280]  But they didn't make this mess. They inherited it. And frankly, they can't fix it. Our job to fix it. But what do we fix?
[22:20.280 --> 22:30.280]  I got the first step. The first thing to fix is examining trials. Everything breaks down there
[22:30.280 --> 22:40.280]  We put examining trials back in a mix. This animosity between the police and the public will simply go away
[22:40.280 --> 22:54.280]  If a policeman knows that if he arrests someone for any reason, he's going to have to take that person directly to the nearest magistrate and explain himself
[22:54.280 --> 23:09.280]  He's going to be a lot more careful. If you pull somebody over like me who has this attitude and he has a notion of adjusting my attitude
[23:09.280 --> 23:26.280]  If he has to immediately go explain to a magistrate, that's going to change his behavior dramatically. It will keep police from doing incautious things that could cost them their careers
[23:26.280 --> 23:42.280]  So, I'm trying to get that back in place. And the prosecutors feel like they should be the ones to make the determination of whether or not to prosecute because they're the ones that have to be prosecuted
[23:42.280 --> 23:58.280]  Our founders understood that and absolutely forbade them to do that. Put examining trials in place to keep prosecutors from doing that
[23:58.280 --> 24:12.280]  But they felt like they should and our legislature in its infinite wisdom decided that the police and lower courts needed legal advice
[24:12.280 --> 24:26.280]  And since we already have learned counsel and public employee in the form of prosecuting attorneys, it seemed like a really good idea to have these prosecuting attorneys give legal advice to the police and lower courts
[24:26.280 --> 24:35.280]  It was a prescription for precisely the disaster we experience right now
[24:35.280 --> 24:59.280]  It was just a really bad idea. And over a period of time, through a series of seemingly minor adjustments toward administrative convenience and educative experience, the system has reformed itself to the point that it no longer even vaguely resembles due process
[24:59.280 --> 25:15.280]  So how do we fix it? What is the least tiniest little thing we can do to re-stabilize the system? It turns out it appears to be examining trials
[25:15.280 --> 25:20.280]  Brett, you got any other idea of what we might do?
[25:20.280 --> 25:31.280]  Well, bar grieve in the lawyer seems to be a fun thing to do. The prosecutors come in there and they're so embarrassed and they keep switching out and you get a different prosecutor
[25:31.280 --> 25:42.280]  And then they switch out and you get a different prosecutor and they bring in their buddies and they bring in their books and they're embarrassed and they're whispering and they bring in a special prosecutor, whatever that means
[25:42.280 --> 25:48.280]  But that's the one that gets the special bar grievance
[25:48.280 --> 25:52.280]  And he did and he disappeared
[25:52.280 --> 26:02.280]  But yeah, I was complaining about this very issue. I was telling the judge that they're not following due process
[26:02.280 --> 26:19.280]  It's very clear it says there's supposed to be an examining trial and the prosecutor at that time, the lady that was there, she was so proud of herself at first for being the supervisor of other lawyers, other prosecutorial team or something
[26:19.280 --> 26:34.280]  And after a while and she couldn't find the criminal code that said this or that, but I could quote it and cite it and I think she was kind of upset about that
[26:34.280 --> 26:42.280]  And then she was saying, are you trying to tell me, she kind of lost her composure and looked over at me, you know, you're supposed to talk to the judge
[26:42.280 --> 26:52.280]  She looked over at me and she was saying, are you trying to tell me that we're doing things the same way everybody else all across Texas is doing and you're trying to tell me that's wrong
[26:52.280 --> 27:00.280]  And I looked at the judge and I said, Your Honor, I don't know if she is here trying to testify and throw all the prosecutors in Texas under the bus
[27:00.280 --> 27:05.280]  But all I'm trying to tell you is, here's what the law says, she's not doing it
[27:05.280 --> 27:13.280]  That doesn't tend to make her very happy, but oh well
[27:13.280 --> 27:28.280]  Well, that's one of our tools and examining trial is a key primarily to get, put the police in a position to where they are motivated to follow law
[27:28.280 --> 27:35.280]  And bar grievances, that's what we do for comic relief
[27:35.280 --> 27:46.280]  But anyway, a preliminary hearing, there are all of these rights you have when they do this initial hearing
[27:46.280 --> 27:54.280]  They are currently doing what they call a registration and that's where they issue warnings
[27:54.280 --> 28:04.280]  And the code says, if you arrest someone out of county, then the out of county magistrate can issue these warnings
[28:04.280 --> 28:12.280]  Then when they're brought back into the county of jurisdiction, then they have a right to an examining trial there
[28:12.280 --> 28:26.280]  But what the prosecutors have done is told these magistrates to always treat a person as if they were arrested out of county
[28:26.280 --> 28:30.280]  And they call that thing they do a registration
[28:30.280 --> 28:38.280]  The problem with that is, at that hearing before the magistrate, the person has a right to counsel
[28:38.280 --> 28:42.280]  That's one of the notices they give them, you have a right to counsel
[28:42.280 --> 28:51.280]  And if they don't have a counsel at that hearing, they can get a continuance in order to give them time to secure counsel
[28:51.280 --> 28:57.280]  They lost my place here, okay
[28:57.280 --> 29:03.280]  What else do you do for the hate when that happens?
[29:03.280 --> 29:08.280]  Okay, okay, here we are, counsel
[29:08.280 --> 29:16.280]  And before any evidence is entered against the court, let me go down to 1604
[29:16.280 --> 29:25.280]  Under 16.02, the magistrate may have the request of either party postpone the examination to procure testimony
[29:25.280 --> 29:35.280]  But the accused shall in the meantime be detained in county jail to give bail and be present from day to day before the magistrate until examination is concluded
[29:35.280 --> 29:41.280]  Which he may do in all cases except under treason
[29:41.280 --> 29:51.280]  Okay, 1604, this is a key one, the primary reason I would believe we need an examining trial
[29:51.280 --> 30:00.280]  If the accused desires to make a voluntary statement, he may do so before the examination of any witnesses, but not after
[30:00.280 --> 30:06.280]  Businesses ask you for a lot of personal information and you may trust them to keep it safe
[30:06.280 --> 30:11.280]  But it turns out that even the most trusted companies may be unwittingly revealing your secrets
[30:11.280 --> 30:15.280]  I'm Dr. Catherine Albrecht and I'll be right back with details
[30:15.280 --> 30:21.280]  Privacy is under attack, when you give up data about yourself, you'll never get it back again
[30:21.280 --> 30:26.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:26.280 --> 30:31.280]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.280 --> 30:33.280]  Privacy, it's worth hanging on to
[30:33.280 --> 30:37.280]  This public service announcement is brought to you by StartPage.com
[30:37.280 --> 30:41.280]  The private search engine alternative to Google, Yahoo and Bing
[30:41.280 --> 30:44.280]  Start over with StartPage
[30:44.280 --> 30:51.280]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information
[30:51.280 --> 30:54.280]  But what happens if it escapes their control?
[30:54.280 --> 31:03.280]  It's not an idle question, according to a recent survey, a shocking 90% of US companies admit their security was breached by hackers in the last year
[31:03.280 --> 31:07.280]  That's one more reason you should trust your searches to StartPage.com
[31:07.280 --> 31:12.280]  Unlike other search engines, StartPage doesn't store any data on you
[31:12.280 --> 31:16.280]  They've never been hacked, but even if they were, there would be nothing for criminals to see
[31:16.280 --> 31:18.280]  The cupboard would be bare
[31:18.280 --> 31:21.280]  Too bad other companies don't treat your data the same way
[31:21.280 --> 31:46.280]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:51.280 --> 31:53.280]  I believe there is more to the story
[31:53.280 --> 31:54.280]  Bring justice to my son
[31:54.280 --> 31:55.280]  My uncle, my nephew
[31:55.280 --> 31:56.280]  My son
[31:56.280 --> 31:58.280]  Go to BuildingWhat.org
[31:58.280 --> 32:26.280]  Why it sells, why it matters, and what you can do
[32:26.280 --> 32:41.280]  You can get your own copy of this invaluable material by going to rulelawradio.com and ordering your copy today
[32:41.280 --> 32:48.280]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law vs. the Lie, video and audio of the original 2009 seminar
[32:48.280 --> 32:51.280]  Hundreds of research documents and other useful resource material
[32:51.280 --> 32:55.280]  Learn how to fight for your rights with the help of this material from rulelawradio.com
[32:55.280 --> 33:02.280]  You can order your copy today and together we can have free society we all want and deserve
[33:02.280 --> 33:12.280]  Live free speech radio, LogosRadioNetwork.com
[33:12.280 --> 33:26.280]  Yes, Mr. Albrecht, are you taking the line ahead? Won't you follow the law of the land? I don't understand
[33:26.280 --> 33:53.280]  When you're gonna stop abuse, you're gonna stop abuse
[33:53.280 --> 34:04.280]  You're the power
[34:04.280 --> 34:11.280]  Okay, we are back. Randy Kelham, Brett Fountain, rulelawradio, and I really screwed that presentation up.
[34:11.280 --> 34:18.280]  We have a whole board full of callers, and we've talked about the examining trials before.
[34:18.280 --> 34:25.280]  I'll do this tomorrow and I'll try to have things a little more organized and not let myself get drifted off.
[34:25.280 --> 34:31.280]  Sometimes I try to answer all the questions I can imagine that people come up with when they're listening to me.
[34:31.280 --> 34:35.280]  And sometimes I get off track, and that's what I did today.
[34:35.280 --> 34:43.280]  My bad, but I'll blame somebody else for it because we're guys and guys never take responsibility for their behavior.
[34:43.280 --> 34:50.280]  We're gonna go to our callers with Wajima in California. Did I pronounce that right?
[34:50.280 --> 34:53.280]  Almost, Wajima.
[34:53.280 --> 34:58.280]  Wajima, okay. What do you have for us today?
[34:58.280 --> 35:05.280]  Yes, I have. It's actually for my younger brother. He's 24. He got in a car accident two years ago.
[35:05.280 --> 35:10.280]  He rear ended a woman that looked like she wanted to get rear ended, and it was like sandwiched cars.
[35:10.280 --> 35:15.280]  So three other cars hit him from behind, but he was the first one who hit her.
[35:15.280 --> 35:21.280]  And now the insurance paid her out, but she's coming with, I guess, a lawsuit. She has a lawyer.
[35:21.280 --> 35:29.280]  And they're basically coming after bodily injuries, nerve damage, missing work, in school.
[35:29.280 --> 35:32.280]  I think like her two kids are husband and wife in the car.
[35:32.280 --> 35:47.280]  My brother put together an affidavit of status, affidavit of fact, and explanatory statement, and a counter-rebuttal to her claim.
[35:47.280 --> 35:57.280]  And he went to the clerk yesterday to file it, or he dropped it off and finally got a hold of the court clerk,
[35:57.280 --> 36:04.280]  and she said that she can't file it because we didn't use their case number, their docket number.
[36:04.280 --> 36:09.280]  We just basically are not, we're not going to use their number. We're just going to do our own thing.
[36:09.280 --> 36:14.280]  And she said, I can't file it. If you want to file it, it's going to cost $435.
[36:14.280 --> 36:26.280]  Plus, you're not following the court format, so she can't file his document and his paperwork, which is a counterclaim to her.
[36:26.280 --> 36:37.280]  You've got to file the rules. You may not like the rules, you may not agree with the rules, but pick your battles carefully.
[36:37.280 --> 36:47.280]  Do you want to fight about whether the rules are right or whether you have to follow them or not, or do you want to address your issue?
[36:47.280 --> 36:49.280]  Yeah, we want to address our issue.
[36:49.280 --> 36:58.280]  Pick your fight real careful. Go to the clerk. If she don't like it, tell her what, you know, have her tell you what she doesn't like.
[36:58.280 --> 37:01.280]  You have to file it under the cause number.
[37:01.280 --> 37:03.280]  Okay.
[37:03.280 --> 37:13.280]  The clerk has no power to accept a document that's not filed in an active case.
[37:13.280 --> 37:15.280]  Oh, okay.
[37:15.280 --> 37:22.280]  So when you give it that case number, then that allows them to put it in there with the accusation.
[37:22.280 --> 37:28.280]  You want it to be a counterreputal. You want it to be an affidavit that's somehow accessible in the context of that case.
[37:28.280 --> 37:30.280]  That's how you do it.
[37:30.280 --> 37:36.280]  Now, if you can, if you want to address it separately and say, hey, this is not right, I should be able to this or that,
[37:36.280 --> 37:46.280]  and then you could just take note, get that whatever her recorded to the certified response from them that says that they have to have it this way,
[37:46.280 --> 37:52.280]  and then just go ahead and do it their way and address that issue later if you feel that's important.
[37:52.280 --> 38:03.280]  Yes, it's real important that you know exactly what you're trying to achieve and only fight the battles you need to.
[38:03.280 --> 38:11.280]  I'm fighting battles that I don't need to, but I picked them real careful.
[38:11.280 --> 38:21.280]  From my perspective, the best fight to have is one you picked, but if somebody's picked to fight with you, then you don't get to make that choice.
[38:21.280 --> 38:34.280]  So figure out what you want at the end of the day and direct everything you do toward that intended outcome.
[38:34.280 --> 38:43.280]  If you are not an attorney and if you're not experienced in the court, I have some suggestions.
[38:43.280 --> 39:05.280]  Go to a local attorney and tell them that you're homeschooling your kids and you want to give them a course in practical law and ask them what are the most popular litigation guides in California.
[39:05.280 --> 39:14.280]  A litigation guide is what lawyers use. They don't figure out how to craft every single motion or pleading.
[39:14.280 --> 39:20.280]  They don't research all of the details to create a motion of pleading from scratch.
[39:20.280 --> 39:24.280]  They go to the litigation guides.
[39:24.280 --> 39:26.280]  Pick a motion, pick a pleading.
[39:26.280 --> 39:36.280]  They will tell you exactly how to write the motion or pleading, how to argue the issues, what case law to use, how to argue against the issues.
[39:36.280 --> 39:38.280]  They got it all in there.
[39:38.280 --> 39:40.280]  Do that first.
[39:40.280 --> 39:48.280]  And every case will have some variables that are not in the litigation guide.
[39:48.280 --> 39:53.280]  But everything that's in the litigation guide, use that.
[39:53.280 --> 40:13.280]  When you give a motion or pleading to the court, the only way you want that judge to know that the motion or pleading was not prepared by a lawyer is that it doesn't have a lawyer's signature at the bottom of it.
[40:13.280 --> 40:22.280]  Unless you just want to fight with them about the issues that don't go to whether or not you win the case or not.
[40:22.280 --> 40:31.280]  If you've got other things that you want to say you want to change the way the courts do things, or you can fight about anything you want to.
[40:31.280 --> 40:34.280]  And nobody's told me that kind of advice early on.
[40:34.280 --> 40:37.280]  And I took up every little thing.
[40:37.280 --> 40:39.280]  And they're very prolific with their lawlessness.
[40:39.280 --> 40:41.280]  And it's exhausting.
[40:41.280 --> 40:48.280]  If you want to follow up on every little bit of lawlessness that they do, it will suck your life dry.
[40:48.280 --> 40:53.280]  Nobody gave me that kind of advice early on. Hey, pick your battles.
[40:53.280 --> 40:55.280]  Nobody told me early on.
[40:55.280 --> 40:57.280]  Don't go after the clerks.
[40:57.280 --> 41:00.280]  The clerks can be your best friend or your worst enemy.
[41:00.280 --> 41:03.280]  Nobody was, I mean, I'm just looking at this like here's what the law says.
[41:03.280 --> 41:05.280]  Does it have a duty?
[41:05.280 --> 41:07.280]  You're not doing your duty.
[41:07.280 --> 41:08.280]  You're in trouble.
[41:08.280 --> 41:11.280]  And it was really exhausting.
[41:11.280 --> 41:36.280]  You know, the judges, even if the judge really wants to be fair and even for both sides, if you give them pleadings that broadcast a position or a, how to term this,
[41:36.280 --> 41:41.280]  they have this term now they call sovereign citizen.
[41:41.280 --> 41:53.280]  If you give them a document that reeks of sovereign what they call sovereign citizen, the judge may not want to be prejudiced against you.
[41:53.280 --> 41:59.280]  But it is in our nature to be prejudiced.
[41:59.280 --> 42:09.280]  And you don't want to accidentally get the court to lean toward the other side where the court has discretion.
[42:09.280 --> 42:14.280]  I don't want the court to recognize that my document was not written by a lawyer.
[42:14.280 --> 42:18.280]  So I never put verbiage in there.
[42:18.280 --> 42:26.280]  That's not important to the case that is different from what lawyers normally do.
[42:26.280 --> 42:29.280]  I wanted to look just like they did a quick story.
[42:29.280 --> 42:32.280]  Ken Magnuson, he's my civil go-to guy.
[42:32.280 --> 42:36.280]  He was in a foreclosure situation, which he was unfamiliar with.
[42:36.280 --> 42:41.280]  He needed a restraining order to stop an eviction.
[42:41.280 --> 42:45.280]  He wrote one up, send it to me and asked me to look it over.
[42:45.280 --> 42:48.280]  And I did and he called me and said, what do you think?
[42:48.280 --> 42:50.280]  It's a piece of crap, Ken.
[42:50.280 --> 42:51.280]  Oh, you think you can do better?
[42:51.280 --> 42:52.280]  Absolutely.
[42:52.280 --> 42:54.280]  So I seen him one.
[42:54.280 --> 42:59.280]  He looked at it, thought it was OK, filed it in the court.
[42:59.280 --> 43:03.280]  They didn't think the other lawyer would show up, but they did.
[43:03.280 --> 43:10.280]  The judge went into chambers and went into court with both of them, gave him his ruling.
[43:10.280 --> 43:14.280]  He came out of court and the lawyer said, are you an attorney?
[43:14.280 --> 43:16.280]  He said, no, but my brother is.
[43:16.280 --> 43:17.280]  Did you write this?
[43:17.280 --> 43:19.280]  He said, well, I had some help.
[43:19.280 --> 43:23.280]  He said, this is very good.
[43:23.280 --> 43:26.280]  And he told me that and I thought, what the heck?
[43:26.280 --> 43:30.280]  I used O'Connor's forms and filled in the blanks.
[43:30.280 --> 43:32.280]  I didn't tell him that right away.
[43:32.280 --> 43:34.280]  I wanted him to think I was pretty smart.
[43:34.280 --> 43:36.280]  But I thought I did.
[43:36.280 --> 43:41.280]  The judge got it and he saw everything he expected to see, where he expected to see it.
[43:41.280 --> 43:44.280]  The only thing he had to look at was the minor details.
[43:44.280 --> 43:46.280]  He could ignore all the rest.
[43:46.280 --> 43:47.280]  Looked like a lawyer did it.
[43:47.280 --> 43:48.280]  He just signed it.
[43:48.280 --> 43:54.280]  Hang on, Randy Kelton, Brett Fountain, lose our radio, we'll be right back.
[44:18.280 --> 44:20.280]  No, because I sent it all on supplements.
[44:20.280 --> 44:22.280]  How can I help logos?
[44:22.280 --> 44:24.280]  Well, I'm glad you asked.
[44:24.280 --> 44:29.280]  Whenever you order anything from Amazon, you can help logos with ordering your supplies or holiday gifts.
[44:29.280 --> 44:31.280]  First thing you do is clear your cookies.
[44:31.280 --> 44:34.280]  Now, go to LogosRadioNetwork.com.
[44:34.280 --> 44:37.280]  Get on the Amazon logo and bookmark it.
[44:37.280 --> 44:43.280]  Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[44:43.280 --> 44:44.280]  Do I pay extra?
[44:44.280 --> 44:45.280]  No.
[44:45.280 --> 44:47.280]  Do you have to do anything different when I order?
[44:47.280 --> 44:48.280]  No.
[44:48.280 --> 44:49.280]  Can I use my Amazon Prime?
[44:49.280 --> 44:50.280]  No.
[44:50.280 --> 44:51.280]  I mean, yes.
[44:51.280 --> 44:55.280]  Wow, giving without doing anything or spending any money, this is perfect.
[44:55.280 --> 44:57.280]  Thank you so much.
[44:57.280 --> 44:58.280]  We are welcome.
[44:58.280 --> 45:27.280]  Happy Holidays, Logos!
[45:28.280 --> 45:34.280]  The Laws'ばJurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.280 --> 45:43.280]  Even if you're not in the lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.280 --> 45:52.280]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosay tactics, and much more.
[45:52.280 --> 46:01.280]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.280 --> 46:39.280]  Okay, we are back. Randy Calton, Brett Fountain, rule of law radio, and we're talking to Wajima
[46:39.280 --> 46:47.280]  in California. Did I do that right? Yes, you did. Perfect. Okay, there are some general
[46:47.280 --> 46:55.280]  principles that we all need to understand when we go into court. First thing is you need to know
[46:55.280 --> 47:04.280]  exactly what you're trying to achieve going in the door. It is extremely easy to get sucked down
[47:04.280 --> 47:16.280]  rabbit holes. The other thing is knowing what the judge is there to do. It is the duty of the judge
[47:16.280 --> 47:24.280]  to determine the facts in accordance with the rules of evidence, then apply the law as it comes to him
[47:24.280 --> 47:34.280]  to the facts in the case. When you step into the courtroom, your only purpose before the trial court
[47:34.280 --> 47:45.280]  should be to set the record for appeal. You really don't care what the judge rules. You'll be
[47:45.280 --> 47:55.280]  ruled in your favor, wonderful, but that's not why you're there. If you go in that court wanting that judge
[47:55.280 --> 48:04.280]  to rule in your favor and the judge doesn't, you're going to feel defeated, disappointed, betrayed,
[48:04.280 --> 48:12.280]  and it debilitates you, it hamstrings you. So you don't care what the judge rules. The judge
[48:12.280 --> 48:21.280]  upset at you? Who cares? I just revel in jerking judges around in court. There's nothing more fun
[48:21.280 --> 48:28.280]  than asking the bailiff to arrest the judge right in the courtroom. The judge is going to be upset at me.
[48:28.280 --> 48:39.280]  Who cares? I'm only here to set the record. Then you don't have, especially if you're prosa, then you
[48:39.280 --> 48:45.280]  don't have this problem with feeling like you've been horribly betrayed and you completely lose your
[48:45.280 --> 48:52.280]  ability to function. So you're there to take the judge to task. The judge does not need to be your buddy.
[48:52.280 --> 48:56.280]  You don't care what the judge likes or what he doesn't like. You're only there to set the record.
[48:56.280 --> 49:07.280]  Okay, with that said, if you are writing motions and pleadings from scratch, you're screwing up.
[49:07.280 --> 49:18.280]  There is one skill that I have honed above all others. I am an accomplished plagiarist.
[49:18.280 --> 49:27.280]  If you're doing more than writing intros and outros from rulings of courts, you haven't done enough
[49:27.280 --> 49:37.280]  homework. The rulings in courts that I read and case law are extremely well done.
[49:37.280 --> 49:46.280]  It's a special style they use. As you're reading case law, you'll see the style.
[49:46.280 --> 49:53.280]  You'll notice that it's peculiar in the way it's written. If you take the ruling from a case that fits
[49:53.280 --> 50:01.280]  your circumstance and take that and drop it in the motion as if you had written it, just change the
[50:01.280 --> 50:07.280]  intro and outro and you may have to change some tenses and such to make it read right.
[50:07.280 --> 50:14.280]  The judge will read that and will know precisely what you've done.
[50:14.280 --> 50:22.280]  More importantly, he will know this is not your verbiage. This is the verbiage of the court.
[50:22.280 --> 50:28.280]  That will give it much, much more weight and make your job a lot easier.
[50:28.280 --> 50:40.280]  Speaking of making your job easier, after you have gotten the local litigation guide and most of them,
[50:40.280 --> 50:47.280]  like O'Connor's for Texas is the best, O'Connor's Civil Trials is wonderful.
[50:47.280 --> 50:53.280]  Every motion you can think of, they got in there. They got how to write it, they got how to argue it,
[50:53.280 --> 51:01.280]  they got all the case law included in it and most all lawyers in Texas use O'Connor's.
[51:01.280 --> 51:10.280]  So if you're writing a pleading and you're building it from scratch, you're going to get clobbered.
[51:10.280 --> 51:15.280]  You take a motion of pleading that you've researched out yourself and followed with court.
[51:15.280 --> 51:22.280]  And the court looks at this and he sees all this case law he's never seen before.
[51:22.280 --> 51:30.280]  And he's busy. Whether he's negative to you or prejudice against you or not, he's busy.
[51:30.280 --> 51:38.280]  He don't have time to read all this. Denied, denied, denied. Now that might not be right.
[51:38.280 --> 51:44.280]  But in the world that I live in, that's the way it works.
[51:44.280 --> 51:49.280]  We need to play to the judge that we're before.
[51:49.280 --> 51:55.280]  Not that we need him to be our buddy or we need to be nice to him or anything like that.
[51:55.280 --> 51:59.280]  We need to understand what he's having to deal with.
[51:59.280 --> 52:04.280]  He's busy. He reads all the time.
[52:04.280 --> 52:11.280]  If he has to read a log monologue that doesn't get to the point, he's going to get bored and just skip over it.
[52:11.280 --> 52:14.280]  He's a human being is how it works.
[52:14.280 --> 52:22.280]  So first get the litigation guide, then look up cases similar to yours.
[52:22.280 --> 52:31.280]  Wajima, in your case, you're talking about a traffic accident where somebody got rear-ended.
[52:31.280 --> 52:32.280]  Yes.
[52:32.280 --> 52:38.280]  There are probably 10,000 cases.
[52:38.280 --> 52:43.280]  Look, do a search for this type of traffic case.
[52:43.280 --> 52:53.280]  Once you've read three or four of these cases, you will begin to realize these things are all the same.
[52:53.280 --> 52:56.280]  The issues are the same. The case law is the same.
[52:56.280 --> 53:09.280]  Each one has little variations in the details. Look for a rear-end collision case where there is a counterclaim.
[53:09.280 --> 53:11.280]  Read the counterclaims.
[53:11.280 --> 53:16.280]  It will tell you the kinds of counterclaims you can make and how to make those counterclaims.
[53:16.280 --> 53:19.280]  Don't write those yourself.
[53:19.280 --> 53:23.280]  Pull them right out of these cases and drop them in there.
[53:23.280 --> 53:26.280]  That will do most of the work for you.
[53:26.280 --> 53:37.280]  I could spend four hours on this, but one other detail I would like to throw in when you put together emotion or pleading.
[53:37.280 --> 53:42.280]  Put a heading on every paragraph.
[53:42.280 --> 53:53.280]  If you're using Microsoft Word, you can go up to the top menu bar here at home.
[53:53.280 --> 53:59.280]  In about two-thirds of the way over, there's a section called Styles.
[53:59.280 --> 54:05.280]  One of the first ones is Normal. Normal is what they use all the time.
[54:05.280 --> 54:11.280]  If you're doing legal work, like in California, they require double spacing.
[54:11.280 --> 54:22.280]  Right-click on Normal, that's the style, and click Paragraph, and then you can go in and set the spacing, set in, dance, all kind of stuff.
[54:22.280 --> 54:32.280]  You set a style the way the court wants to see it, and then you apply that style to all of your text.
[54:32.280 --> 54:38.280]  If you're putting in a quote, then they have a style for quotes.
[54:38.280 --> 54:52.280]  If the court has specifics on how they want quotes formatted, then use the Style section to do that.
[54:52.280 --> 55:04.280]  When you're putting in headings, if you use the Style section to put in headings, then Microsoft Word will make a table contents.
[55:04.280 --> 55:11.280]  You go to the View tab on the top menu bar and over to Navigation pane and click it.
[55:11.280 --> 55:18.280]  It will turn on a table of contents that runs down the left side of the page.
[55:18.280 --> 55:30.280]  Put a paragraph heading on every single paragraph, and once you've written your motion, then go to that table of contents and see if the same heading,
[55:30.280 --> 55:37.280]  or two headings that are essentially the same, very similar, occur in your table contents.
[55:37.280 --> 55:39.280]  And look at that real careful.
[55:39.280 --> 55:43.280]  Have you argued the same issue more than once?
[55:43.280 --> 55:49.280]  Have you repeated the same things more than one place?
[55:49.280 --> 55:56.280]  Does the table of contents logically follow one thing from another?
[55:56.280 --> 56:02.280]  That allows you to see the content of each paragraph in a single little heading.
[56:02.280 --> 56:10.280]  When you're writing legal documents, these documents can become very large, very confusing.
[56:10.280 --> 56:17.280]  By simply putting a heading on every paragraph, you'll eliminate 90% of that confusion.
[56:17.280 --> 56:26.280]  And make sure what you put under that heading stays on point to that heading.
[56:26.280 --> 56:33.280]  The most difficult thing to avoid in legal documents is drifting off topic.
[56:33.280 --> 56:39.280]  You're writing this argument and something else comes to mind related to this argument.
[56:39.280 --> 56:42.280]  You run off on that one and something else comes to mind.
[56:42.280 --> 56:47.280]  You run off on that one before you know it, everybody's completely lost.
[56:47.280 --> 56:52.280]  Headings on every paragraph is the most powerful thing you can do.
[56:52.280 --> 56:56.280]  I could spend a lot more time on it, but that's the basics of how to start this.
[56:56.280 --> 57:10.280]  The first thing I would do if I was you, Wajima, is do a search for California Auto Collision Rear End Counter Complaint, or counterclaim.
[57:10.280 --> 57:19.280]  I'll give you a hit on a whole bunch of case law, and these will be the cases lawyers are using in court.
[57:19.280 --> 57:23.280]  I'll read through a few of those and then call us back next week.
[57:23.280 --> 57:27.280]  We'll go to the next step.
[57:27.280 --> 57:30.280]  It's not as difficult as it appears.
[57:30.280 --> 57:37.280]  When you look at legal pleadings and you think of creating these things, it sounds really overwhelming.
[57:37.280 --> 57:50.280]  But just a few little tricks we can add in there will eliminate 90% of this confusion, and we can get down to the good stuff.
[57:50.280 --> 57:52.280]  Okay?
[57:52.280 --> 57:58.280]  Okay, and then can I find some of this stuff on jurisdictionary because I actually paid for the court about five years ago.
[57:58.280 --> 58:00.280]  Oh, absolutely.
[58:00.280 --> 58:09.280]  Every time I get someone on that has been to jurisdictionary, it doesn't take me long to figure it out.
[58:09.280 --> 58:14.280]  I say, well, did you do this? Yeah, I did that. Did you do this? No, I didn't do that for this reason.
[58:14.280 --> 58:20.280]  It becomes pretty clear jurisdictionary will give you all the basics very quickly.
[58:20.280 --> 58:32.280]  Go through that first. It doesn't give you these basics, but it'll give you all the basics of how the courts work and how motions work, how to write them, how to get them put on for hearing, all that stuff.
[58:32.280 --> 58:35.280]  They really don't even teach in law school.
[58:35.280 --> 58:38.280]  So yeah, do that and call us next week.
[58:38.280 --> 58:43.280]  I like to go through these basics repeatedly and we'll go through those again.
[58:43.280 --> 58:48.280]  We're about to go to our sponsors or into Count and Brett Fountain, we'll be right back.
[58:48.280 --> 58:50.280]  We'll be right back.
[59:18.280 --> 59:28.280]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:28.280 --> 59:33.280]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.280 --> 59:48.280]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:48.280 --> 59:52.280]  That's freestudybible.com.
[59:52.280 --> 01:00:01.280]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:01.280 --> 01:00:06.280]  Thank you for calling these flashes brought to you by the Lone Star Lowdown.
[01:00:31.280 --> 01:01:00.280]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedance Day Parade, killing 10 and injuring 40.
[01:01:00.280 --> 01:01:24.280]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into Texas law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.280 --> 01:01:33.280]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.280 --> 01:02:01.280]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.280 --> 01:02:13.280]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.280 --> 01:02:22.280]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.280 --> 01:02:39.280]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.280 --> 01:02:51.280]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:51.280 --> 01:03:00.280]  This is Book Roadie with a lowdown for July 22, 2019.
[01:03:21.280 --> 01:03:34.280]  Okay, we are back.
[01:03:34.280 --> 01:03:43.280]  Randy Kelton, Brett Fountain, Rule of Law Radio, and we were talking about how to write legal documents.
[01:03:43.280 --> 01:04:03.280]  And one more thing that I wanted to address, the so what phenomenon, when a judge reads your pleading, everything you put in the pleading, you should have somebody look at it and say so what?
[01:04:03.280 --> 01:04:08.280]  What's that got to do with anything?
[01:04:08.280 --> 01:04:16.280]  It will keep you from getting a stray from your point.
[01:04:16.280 --> 01:04:28.280]  The last thing a judge will do before they send the jury out to deliberate.
[01:04:28.280 --> 01:04:46.280]  And the first thing you should do when you start writing a pleading is go through the pattern jury charge for whatever claim or cause of action that's before the court.
[01:04:46.280 --> 01:05:04.280]  The judge will say, this is what you must find. If you're to win your case, everything the judge says after that, you have to have argued and proven.
[01:05:04.280 --> 01:05:16.280]  You miss one, the jury cannot find in your favor. Well, they can during doing what they want to, but realistically and technically, you haven't proven your case.
[01:05:16.280 --> 01:05:24.280]  If you argue anything that's not in that list, waste of time. So what? What's that got to do with everything?
[01:05:24.280 --> 01:05:34.280]  And the judge is always going to be thinking, so what? You're telling me this stuff, so what? What's that got to do with anything?
[01:05:34.280 --> 01:05:46.280]  Make sure you stay on point and make sure before you start writing a pleading, the first thing I want to do is I want to look at pattern jury charge.
[01:05:46.280 --> 01:06:05.280]  When you read the other side's pleadings, look at the claims they're making, look up the pattern jury charge. You can look online for pattern jury charges and see if what the lawyer is arguing is included in the pattern jury charge.
[01:06:05.280 --> 01:06:20.280]  If it's not ignored, they will lead you down rabbit holes. They will bring up issues that are meaningless. Tina's on the line, we'll bring her up shortly.
[01:06:20.280 --> 01:06:31.280]  She had an issue before the court and the lawyer was arguing all kind of stuff. There's only one thing before the court. So ignore all that stuff.
[01:06:31.280 --> 01:06:42.280]  It doesn't matter what he argues. If you pick up one of those arguments, then you go run with it, you're wasting your time, you're wasting the court's time, and you're going to lose your argument.
[01:06:42.280 --> 01:06:51.280]  First thing you do is get pattern jury charge. Make sure you only argue what's in the pattern jury charge.
[01:06:51.280 --> 01:07:03.280]  Look at what the other lawyer produces. Look at the pattern jury charges. If he's arguing an issue that's not in there, he's trying to bait you. Ignore it.
[01:07:03.280 --> 01:07:14.280]  Okay, that's my brief story on motions and pleadings. Make sure you pay attention to the sew what factor all of the time.
[01:07:14.280 --> 01:07:25.280]  Okay, now we're going to go to Tina in California. Tina, you had a motion.
[01:07:25.280 --> 01:07:33.280]  Well, well, I wanted to say I heard something today that when you were first talking on the call, I thought it went to it.
[01:07:33.280 --> 01:07:47.280]  And it was, I think it was Tucker Carlson was commenting on the different penalties that journalists are getting depending on their political end.
[01:07:47.280 --> 01:07:59.280]  And what he said, I thought was quite interesting. He said, when laws are not applied equally, they become tools of persecution.
[01:07:59.280 --> 01:08:10.280]  And he said, we have two systems of justice, one for allies of people in charge and one for enemies of those people.
[01:08:10.280 --> 01:08:19.280]  I thought it was kind of profound, especially that first one, because it does seem to many of us that the laws are not being applied equally,
[01:08:19.280 --> 01:08:25.280]  especially when we bring something out for the attorneys and nothing is done about them.
[01:08:25.280 --> 01:08:30.280]  You know, there's no big deal if they commit a felony by submitting false documents.
[01:08:30.280 --> 01:08:35.280]  It's no big deal if they lie. It's no big deal if they do this.
[01:08:35.280 --> 01:08:40.280]  So I just thought that would be interesting for people to hear.
[01:08:40.280 --> 01:08:49.280]  And of course, we have my case from yesterday, so maybe Brad should talk a little bit about it as soon as he was on the call
[01:08:49.280 --> 01:08:56.280]  and he could see the judges and I couldn't because I couldn't get on the, you know, internet hearing.
[01:08:56.280 --> 01:09:00.280]  I could only appear by phone.
[01:09:00.280 --> 01:09:03.280]  Brad, you want to pick that up?
[01:09:03.280 --> 01:09:08.280]  Sure. Well, I saw it. I was watching the, they didn't have it on Zoom for everybody.
[01:09:08.280 --> 01:09:19.280]  They just had Zoom available for her, so it was, they had made it available on some other alternate platform.
[01:09:19.280 --> 01:09:25.280]  And they changed the URL right at the last minute for the public.
[01:09:25.280 --> 01:09:32.280]  So you had to go back to their docket and click the new URL to get to find where they moved it to.
[01:09:32.280 --> 01:09:35.280]  I thought that was kind of spunky.
[01:09:35.280 --> 01:09:41.280]  But so they, there were three justices and an attorney.
[01:09:41.280 --> 01:09:48.280]  And you could see them on the screen not being disrespectful, or at least that's the way it looked to me.
[01:09:48.280 --> 01:09:59.280]  The Chief Justice was trying to decide whether he was going to allow her to speak or not,
[01:09:59.280 --> 01:10:05.280]  and he says, okay, fine. I'll, I'll, you go ahead. How long is it going to take?
[01:10:05.280 --> 01:10:09.280]  And she says, well, 10 minutes or less.
[01:10:09.280 --> 01:10:14.280]  Well, okay, fine. You go ahead. Go ahead. Oh, yes. Go ahead.
[01:10:14.280 --> 01:10:18.280]  So I'll let you speak.
[01:10:18.280 --> 01:10:27.280]  She was very well prepared. I thought Tina did an amazing job of delivery and even in spite of that judge,
[01:10:27.280 --> 01:10:30.280]  continuously kept on interrupting her.
[01:10:30.280 --> 01:10:44.280]  He kept, I'm sorry, I'm just going to have to stop you right there because, and he didn't even let her finish her thoughts or else she would have already addressed these issues.
[01:10:44.280 --> 01:10:52.280]  The things that she was planning to say were things that he was pre-arguing as if he needed to.
[01:10:52.280 --> 01:10:58.280]  He's in the position of a judge, so that's not his place anyway. He should just be listening to what's brought to him.
[01:10:58.280 --> 01:11:05.280]  But he was very biased and rude to her, kept on interrupting.
[01:11:05.280 --> 01:11:09.280]  Meanwhile, one of these other judges over here, you can see him on the screen too.
[01:11:09.280 --> 01:11:15.280]  He's leaning back in his chair and he's looking off in the distance and playing with his pen.
[01:11:15.280 --> 01:11:22.280]  And just looked, again, disrespectful, unprofessional.
[01:11:22.280 --> 01:11:28.280]  So, yep, I thought that Tina did extremely well.
[01:11:28.280 --> 01:11:40.280]  She was ripping the lawyers to shreds and highlighting their fraud and saying these issues that have, okay, they keep wanting to say res judicata.
[01:11:40.280 --> 01:11:46.280]  And no matter how many times they chant res judicata, these issues have never been before the court.
[01:11:46.280 --> 01:11:51.280]  And this is a declaratory judgment suit. This is not about trying to relitigate anything.
[01:11:51.280 --> 01:11:55.280]  So she kind of took all the legs out from under them.
[01:11:55.280 --> 01:11:58.280]  And you could see the attorney on the screen.
[01:11:58.280 --> 01:12:04.280]  Her face was, she was obviously not having a good day.
[01:12:04.280 --> 01:12:12.280]  And you could tell she was kind of, I don't know if you would say scared or concerned, worried, but she was definitely not happy.
[01:12:12.280 --> 01:12:24.280]  And at some point, the attorney attempted to come back and start talking about res judicata and she just didn't have anywhere to go with that.
[01:12:24.280 --> 01:12:30.280]  So I thought that Tina did great.
[01:12:30.280 --> 01:12:32.280]  Well, Tina?
[01:12:32.280 --> 01:12:35.280]  Thank you very much for that just kind of word's breadth.
[01:12:35.280 --> 01:12:43.280]  It was a self bit worn out after it because it felt like I'd gone three rounds with these judges boxing them.
[01:12:43.280 --> 01:12:47.280]  And, you know, I did try to keep on point.
[01:12:47.280 --> 01:12:53.280]  It is hard when they constantly interrupt you because he wouldn't let me read my statement.
[01:12:53.280 --> 01:13:06.280]  And then, you know, I kept reminding him that, you know, I managed to get in, you know, what is it that this attorney is trying to hide and why?
[01:13:06.280 --> 01:13:12.280]  You know, and I just kept bringing it back to this is about him promising to do something and he didn't.
[01:13:12.280 --> 01:13:26.280]  And we're just going on 2941 and I managed to get in. I think the last piece where I'm saying that, you know, not not changing the legislative and 10s and stuff.
[01:13:26.280 --> 01:13:36.280]  But I felt that right from the start, they had made their mind up that because they did say, well, you've lost the property, the property's gone, so why are we here?
[01:13:36.280 --> 01:13:43.280]  You've borrowed, you've lost the property and what, you know, I don't know why we're here basically is what he was saying.
[01:13:43.280 --> 01:13:52.280]  And, you know, as Brett said, they looked forward, they didn't want me to be there, but I wanted to get it on record.
[01:13:52.280 --> 01:14:00.280]  And now, you know, I have to wait and see what they did after accepting my affidavit of truth.
[01:14:00.280 --> 01:14:09.280]  They stuck it from the record. I noticed, I got a notice about that. They denied it after was accepting it.
[01:14:09.280 --> 01:14:16.280]  I'm sorry, what? They denied an affidavit? How is an affidavit denied?
[01:14:16.280 --> 01:14:24.280]  It's not requesting anything of them. It's just a fact. It stands on its own. It's not before the court to deny it.
[01:14:24.280 --> 01:14:37.280]  Yes, but you can't, if the trial court can hear facts, the Court of Appeals can only hear the facts that are already before the court.
[01:14:37.280 --> 01:14:42.280]  But the attorney tried to bring up other staff, didn't she, Brett?
[01:14:42.280 --> 01:14:43.280]  Oh, yeah.
[01:14:43.280 --> 01:14:45.280]  Then the judge's letter.
[01:14:45.280 --> 01:14:47.280]  Yeah, no problem.
[01:14:47.280 --> 01:14:54.280]  The Merriam-Webster's definition of standing is this, and, oh, and I didn't put this case law in my other, so I'm going to bring it in here.
[01:14:54.280 --> 01:15:03.280]  And she was, you know, it was hard to understand what it was, but what Merriam-Webster's dictionary definition of standing got to do with it?
[01:15:03.280 --> 01:15:04.280]  Yeah.
[01:15:04.280 --> 01:15:05.280]  Why didn't you bring it first?
[01:15:05.280 --> 01:15:10.280]  Objection. Here, say, put Merriam-Webster on the stand and let's hear from them.
[01:15:10.280 --> 01:15:15.280]  Who's Merriam-Webster? Get them on the witness stand and make sure you swear them in.
[01:15:15.280 --> 01:15:26.280]  And then objection, surprise, bringing in a brand new case just to talk about it at the appeals court. I mean, come on.
[01:15:26.280 --> 01:15:32.280]  Yeah. And also, I thought it was interesting that they didn't want to hear this.
[01:15:32.280 --> 01:15:38.280]  They said, oh, it doesn't matter about the attorneys and telling the truth.
[01:15:38.280 --> 01:15:43.280]  We're not here to decide whether they've told the truth or not or whether they are telling the truth.
[01:15:43.280 --> 01:15:46.280]  That's for the trial court to decide.
[01:15:46.280 --> 01:15:59.280]  I said, what they, I mean, if they're lying in front of the appeal court and if they've lied on their response to the appeal court, then the appeal court should be taking notice of it.
[01:15:59.280 --> 01:16:04.280]  That's where this one rule for one and the other is it's persecution.
[01:16:04.280 --> 01:16:08.280]  They don't want to hear that the attorneys are continually lying.
[01:16:08.280 --> 01:16:17.280]  And she did not like that. She said, I'm very offended that she's accusing us of lying where you are.
[01:16:17.280 --> 01:16:21.280]  It's the shoe fits.
[01:16:21.280 --> 01:16:24.280]  But her lips were moving.
[01:16:24.280 --> 01:16:28.280]  Yes. And she was breathing, so she must be lying.
[01:16:28.280 --> 01:16:37.280]  And I thought it was interesting that the assistant came. It's not the main attorney. It was the assistant.
[01:16:37.280 --> 01:16:40.280]  That is interesting.
[01:16:40.280 --> 01:16:44.280]  So you should bargain with the main attorney anyway.
[01:16:44.280 --> 01:16:47.280]  Hang on, Randy Kelton, Brett Fountain.
[01:16:47.280 --> 01:16:49.280]  Roodle on radio.
[01:16:49.280 --> 01:16:53.280]  I'll call in number 512-646-1984.
[01:16:53.280 --> 01:17:00.280]  We'll be right back.
[01:17:00.280 --> 01:17:05.280]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.280 --> 01:17:11.280]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[01:17:11.280 --> 01:17:14.280]  Our goal is in accord with Matthew 516.
[01:17:14.280 --> 01:17:21.280]  Let your light so shine before men that they may see your good works and glorify your Father which is in Heaven.
[01:17:21.280 --> 01:17:26.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.280 --> 01:17:34.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[01:17:34.280 --> 01:17:40.280]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[01:17:40.280 --> 01:17:47.280]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[01:17:47.280 --> 01:18:04.280]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:18:04.280 --> 01:18:11.280]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
[01:18:11.280 --> 01:18:18.280]  Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air.
[01:18:18.280 --> 01:18:24.280]  From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15.
[01:18:24.280 --> 01:18:30.280]  More prizes and sponsors to be announced. Every $25 donation is a chance to win.
[01:18:30.280 --> 01:18:35.280]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[01:18:35.280 --> 01:18:39.280]  Purchase Eddie Craig's Traffic Seminar and get 10 chances to win.
[01:18:39.280 --> 01:18:48.280]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming on talk radio today.
[01:18:48.280 --> 01:18:55.280]  We also accept Bitcoin and other cryptocurrencies. And remember, every $25 donation is a chance to win.
[01:18:55.280 --> 01:19:11.280]  Go to LogosRadioNetwork.com for details and donate today.
[01:19:25.280 --> 01:19:41.280]  Well, you ain't gonna fool me with that same old trick again. I was blindsided, but now I can see your eyes.
[01:19:41.280 --> 01:19:55.280]  Okay, we are back. Randy Kelton, Brett Fountain, Wheel of Radio on this, the 15th day of April, 2021. And we're talking to Tina in California.
[01:19:55.280 --> 01:19:58.280]  Tina, do you have anything else for us?
[01:19:58.280 --> 01:20:12.280]  No, I just wanted to share that and see what you thought about the judge not caring whether the attorney was telling the truth and saying that, you know, they didn't have to listen to that.
[01:20:12.280 --> 01:20:24.280]  That should have got a serious comment. That may get maybe a good thing to follow judicial conduct complaint against them over.
[01:20:24.280 --> 01:20:37.280]  Technically, he was right. But if you're accusing the lawyer of lying in a trial court, then that's not the issue before the Court of Appeals.
[01:20:37.280 --> 01:20:46.280]  That was for the trial court judge to determine. But if they're lying to court at the appellate court, then that's for the appellate court to determine.
[01:20:46.280 --> 01:20:48.280]  Yes.
[01:20:48.280 --> 01:20:53.280]  But this should set you up pretty good for a cert to the Supreme.
[01:20:53.280 --> 01:21:08.280]  Well, that's where we're going next. And they certainly won't like that. And I think the other attorney didn't turn up because, you know, he's been served the lawsuit for promissory fraud.
[01:21:08.280 --> 01:21:10.280]  Good.
[01:21:10.280 --> 01:21:15.280]  Happy birthday.
[01:21:15.280 --> 01:21:23.280]  Okay. Thank you very much, Tina. We need to move along. We've got a couple more callers and we're going to run out of time here.
[01:21:23.280 --> 01:21:28.280]  Thank you, Tina. And call back tomorrow night. I'd like to talk about this in a little more detail.
[01:21:28.280 --> 01:21:30.280]  Okay. Sounds good.
[01:21:30.280 --> 01:21:37.280]  Thank you, Tina. Now we're going to go to Chris in Colorado. Hello, Chris. What do you have for us today?
[01:21:37.280 --> 01:21:47.280]  Okay. I've been pretty busy this week trying to get organized, get everything in the court and get all the other clients going. I have a bar grievance on the screen.
[01:21:47.280 --> 01:22:01.280]  That's one of my quick questions there. So I have the attorney's name. I looked through the code of conduct for, it turns out it's been actually in Minnesota, not Wisconsin, that this insurance company is.
[01:22:01.280 --> 01:22:09.280]  And my question is, is, do I need to include evidence with my claim?
[01:22:09.280 --> 01:22:17.280]  It depends on the nature of the claim. If the evidence seems relevant to support your claim, absolutely.
[01:22:17.280 --> 01:22:29.280]  Okay. And then, do I include more than one complaint in the complaint, you know, one claim and one in the complaint, or do I save them up for like 30 days down the road?
[01:22:29.280 --> 01:22:37.280]  Each accusation or each complaint should be separate and should be filed at least a week apart.
[01:22:37.280 --> 01:22:40.280]  Otherwise, I'll try to group them all together into one.
[01:22:40.280 --> 01:22:43.280]  Okay. So a week to two weeks, probably a good timeframe?
[01:22:43.280 --> 01:22:45.280]  Yes.
[01:22:45.280 --> 01:22:57.280]  Okay. And then the reason I asked about evidence is because the lawyer who waived his saber at me, essentially in the email, made a false statement.
[01:22:57.280 --> 01:23:04.280]  In a way, that was pretty interesting. And he said, I have reviewed the claim file. Your car was illegally parked at such and such in Chicago.
[01:23:04.280 --> 01:23:11.280]  Well, clearly after a year and a half and a ruling against the tow company, I was not parked illegally.
[01:23:11.280 --> 01:23:18.280]  So I'm going to file a complaint for a false statement, but I was wondering, can I throw humor in there?
[01:23:18.280 --> 01:23:23.280]  Can I throw something in like impersonating a judge?
[01:23:23.280 --> 01:23:26.280]  Certainly.
[01:23:26.280 --> 01:23:36.280]  I did a pleading once where I said the, you know, I was, the pleading was addressing an attorney.
[01:23:36.280 --> 01:23:44.280]  And I said, attorney so and so here and after referred to a shyster, a shyster or something like that.
[01:23:44.280 --> 01:23:51.280]  And when I finished the pleading, I was going to, you know, search and replace, you know, with a more appropriate term.
[01:23:51.280 --> 01:23:57.280]  And I decided, I had a heck with it. I'll just leave it. And the judge is reading the pleading.
[01:23:57.280 --> 01:24:02.280]  And you can tell he's trying not to chuckle because he knew the lawyer on the other side clearly.
[01:24:02.280 --> 01:24:06.280]  And he's not trying not to chuckle at the lawyer's expense.
[01:24:06.280 --> 01:24:17.280]  When he got finished, he said, Mr. Kelton, as to your rather descriptive term for counsel here, we're not going to do that again.
[01:24:17.280 --> 01:24:27.280]  Judge, I'm sorry about that. I was just screwing around and I really meant to do a search and replace and the judge grinned and said, here you did.
[01:24:27.280 --> 01:24:35.280]  But clearly judges, they sit up there, they get bored. They do the same thing over and over.
[01:24:35.280 --> 01:24:40.280]  A little comic relief. Absolutely will not hurt anything.
[01:24:40.280 --> 01:24:47.280]  And they're not going to get that from another attorney. So they got to really appreciate it when it comes to somebody that's not an attorney.
[01:24:47.280 --> 01:24:49.280]  It's willing to do something like that.
[01:24:49.280 --> 01:24:57.280]  If I read you the whole statement, you'd see how full this guy is of himself. But okay. All right, I'm good there. I got the green light.
[01:24:57.280 --> 01:25:02.280]  My next little hurdle, we'll try to keep it short here. That's it. I'll call back in the night.
[01:25:02.280 --> 01:25:12.280]  I finally found a detective in Chicago. She seems eager to help me beat the statute of limitations and arrest these guys for stealing the car a couple years, three years ago, if possible.
[01:25:12.280 --> 01:25:24.280]  She's asking for all my information. But as I'm going back through this, one of the questions was for me to turn in a copy of my insurance in the time, which I'm happy to do, but I forgot.
[01:25:24.280 --> 01:25:37.280]  The car that is mine was in my friend's name at the time. I bought it from her in December or November of 2017. The tow was in April of 2018.
[01:25:37.280 --> 01:25:43.280]  And it's just gone on me. Is that going to burn me in the long run here with all these lawsuits and everything?
[01:25:43.280 --> 01:25:46.280]  No, not if you can show you had legal possession.
[01:25:46.280 --> 01:25:53.280]  Okay. So if I have a title, proof that I paid for it, legal possession, doesn't matter whose name it was in.
[01:25:53.280 --> 01:25:59.280]  They'll probably try to bring that up, but they're not the ones who paid the tow.
[01:25:59.280 --> 01:26:13.280]  They're not the ones who, you know, the person you bought this from is not the one that parked the vehicle there that had to pay for the towing and you're suing based on what inconvenience and such that caused you.
[01:26:13.280 --> 01:26:17.280]  So that should make no difference. Excuse me. They should make no difference.
[01:26:17.280 --> 01:26:23.280]  Certainly the lawyer on the other side will find everything he possibly can to argue about.
[01:26:23.280 --> 01:26:29.280]  So the best thing to do is address that before that lawyer can get to it.
[01:26:29.280 --> 01:26:35.280]  Okay. I'm not even suing for the theft. I'm not even suing for the damage to the car at this point.
[01:26:35.280 --> 01:26:47.280]  I'm suing for consumer fraud, theft of a vehicle, theft of a, you know, possession inside the vehicle, which is, you know, $20,000 worth of stuff.
[01:26:47.280 --> 01:26:59.280]  I'm suing for a number of different things when I get this lawsuit together, but the criminal charges that she's going to try to go after them for, that's where I'm a little worried that if the police are going to arrest the tow company owner and the driver,
[01:26:59.280 --> 01:27:07.280]  and they say it's not even my car, then I'm wondering how am I dealing with that. Objection relevance.
[01:27:07.280 --> 01:27:18.280]  Okay. If you accuse me of stealing something, just because you didn't accuse me of stealing something you owned is not relevant.
[01:27:18.280 --> 01:27:30.280]  Okay. All right. One of the other detectives that amended my original police report, he brought that up today because I just tried to make sure he got it to the right department. He called me back quietly.
[01:27:30.280 --> 01:27:40.280]  He says, I'm just asking you, did you have the insurance? Take care of the damage. And I said, I don't even remember, but no, I don't think we did it all that back then.
[01:27:40.280 --> 01:27:50.280]  And he says, well, if you did, then your claim is no longer valid. It's the insurance company's claim. I said, well, I'm not really going after all that. And technically, we're going after the criminal act.
[01:27:50.280 --> 01:27:52.280]  He's incorrect.
[01:27:52.280 --> 01:27:54.280]  Okay.
[01:27:54.280 --> 01:27:57.280]  Is he fishing for excuses?
[01:27:57.280 --> 01:28:00.280]  No.
[01:28:00.280 --> 01:28:14.280]  I think he just doesn't understand how the law works. Your harm is your harm. The insurance company did not pay you for your harm. You made a bet with the insurance company.
[01:28:14.280 --> 01:28:27.280]  You bet that your car would be damaged. They bet that it wouldn't. They lost the bet. It wasn't about making you whole.
[01:28:27.280 --> 01:28:34.280]  Just because the insurance paid to fix it doesn't make wrongful behavior on the part of someone else go away.
[01:28:34.280 --> 01:28:37.280]  Exactly. That's what I said. Okay.
[01:28:37.280 --> 01:28:47.280]  No, I'm running into a lot of cops that are spewing legalese at me and they know nothing about it yet. None of them have the courage to go after the laws that are actually clearly on their face that I emailed to them.
[01:28:47.280 --> 01:28:56.280]  So I don't take any of them seriously. But this detective woman, she seemed real polite, real helpful. She called me, listened to the whole story, so I feel like I'm in a good position there.
[01:28:56.280 --> 01:28:59.280]  Wonderful.
[01:28:59.280 --> 01:29:04.280]  Yeah. Keep us up to speed on how this goes.
[01:29:04.280 --> 01:29:15.280]  I will. I have 10 days to get the lawsuit. I listened to the girl you talked to who you gave some advice. I'm having a hard time finding predatory practice, towing practice lawsuit.
[01:29:15.280 --> 01:29:26.280]  I can't get an actual court document. I don't know where to get it. I'm seeing ads in newspapers where they reported on it, but I'm not actually seeing the court filing. You got any quick recommendations?
[01:29:26.280 --> 01:29:42.280]  Go to the clerk of the court where the case was filed. Generally, most courts now have their dockets and all their files online. If not, you can contact the clerk and have him send it to you.
[01:29:42.280 --> 01:29:45.280]  Okay. I'll do that.
[01:29:45.280 --> 01:30:00.280]  Okay. Thank you. Randy Kelton, Brett Fountain, Rural Law Radio. I'm not going to give out the call in number. We've got two people on the line and one, two segments left, so we'll be right back.
[01:30:00.280 --> 01:30:16.280]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing. But now researchers say we can add stress to the list. I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:16.280 --> 01:30:35.280]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging onto.
[01:30:35.280 --> 01:30:46.280]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:30:46.280 --> 01:30:57.280]  Are you always on the go and juggling multiple projects? If so, you might think that multitasking proves you're smart. But think again, all that stress might be eating your brain.
[01:30:57.280 --> 01:31:11.280]  This study finds stress reduces the number of connections between neurons, which actually makes it harder for people to manage problems. Researchers at Yale University found that stressed-out people have less gray matter in their prefrontal cortex.
[01:31:11.280 --> 01:31:22.280]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions. So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:22.280 --> 01:31:31.280]  For Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.280 --> 01:31:37.280]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.280 --> 01:31:44.280]  The government says that fire brought it down. However, 1500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.280 --> 01:31:53.280]  Over 6,000 of my fellow service members have given their lives to thousands of my fellow force responders at dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[01:31:53.280 --> 01:32:16.280]  I'm an Air Force pilot. I'm a father who lost his son. We are Americans, and we deserve the truth. Go to RememberBuilding7.org today.
[01:32:23.280 --> 01:32:26.280]  To learn how to enforce and preserve our rights through due process.
[01:32:26.280 --> 01:32:36.280]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold records to the rule of law.
[01:32:36.280 --> 01:32:41.280]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
[01:32:41.280 --> 01:32:48.280]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of your original 2009 seminar.
[01:32:48.280 --> 01:32:55.280]  Hundreds of research documents and other useful resource material. Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[01:32:55.280 --> 01:33:02.280]  Order your copy today, and together we can have the free society we all want and deserve.
[01:33:02.280 --> 01:33:12.280]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[01:33:12.280 --> 01:33:22.280]  LogosRadioNetwork.com
[01:33:42.280 --> 01:33:49.280]  Wow, we have some horrible audio.
[01:33:49.280 --> 01:33:53.280]  Is that better? That is much better.
[01:33:53.280 --> 01:33:59.280]  It's going through my speaker. Okay, super quick question, hopefully.
[01:33:59.280 --> 01:34:09.280]  I've got my traffic citation, pre-trial slash docket hearing, whatever that is, on Monday.
[01:34:09.280 --> 01:34:13.280]  What can I... Okay, hold on.
[01:34:13.280 --> 01:34:19.280]  About the jurisdiction. Have you had any other hearings in this case?
[01:34:19.280 --> 01:34:22.280]  No.
[01:34:22.280 --> 01:34:27.280]  Have you filed any motions or pleadings in the case?
[01:34:27.280 --> 01:34:38.280]  I'm just doing the jurisdiction, the subject matter jurisdiction and...
[01:34:38.280 --> 01:34:42.280]  Okay, so you have filed motions. Okay.
[01:34:42.280 --> 01:34:51.280]  The only thing they can do, look up 28.01 Texas Code of Criminal Procedure.
[01:34:51.280 --> 01:34:58.280]  It lists all of those things the judge can order you to court for.
[01:34:58.280 --> 01:35:10.280]  And any pre-trial hearing can only be called for the purpose of an arraignment or there are 11 items,
[01:35:10.280 --> 01:35:17.280]  first one's arraignment, the other 10 all go to motions and pleadings before the court.
[01:35:17.280 --> 01:35:24.280]  So, where is this citation out of?
[01:35:24.280 --> 01:35:28.280]  Rome, White County.
[01:35:28.280 --> 01:35:36.280]  Oh, they're going to do this thing. This is the one they're going to do on Zoom?
[01:35:36.280 --> 01:35:39.280]  Oh, do you have to show up?
[01:35:39.280 --> 01:35:42.280]  Zoom, just on Zoom.
[01:35:42.280 --> 01:35:53.280]  That will be interesting. They almost certainly, generally they want you to meet with the prosecutor so he can make a deal.
[01:35:53.280 --> 01:36:03.280]  So, my suggestion is, is your only reason for being there is to address the motions before the court.
[01:36:03.280 --> 01:36:09.280]  Has the prosecutor responded to your motions?
[01:36:09.280 --> 01:36:11.280]  No.
[01:36:11.280 --> 01:36:29.280]  Then immediately you move the court to dismiss because you have an unanswered subject matter jurisdiction challenge before the court therefore the judge must accept everything in the motion as true and you have a right to summer judgment.
[01:36:29.280 --> 01:36:36.280]  But what he's going to want, he's going to want you to talk to the prosecutor.
[01:36:36.280 --> 01:36:47.280]  And what you, what I always tell him is, is I don't talk to persecuting attorneys. He's the bad guy. He's on the other side. I don't talk to him. I only talk to the judge.
[01:36:47.280 --> 01:36:56.280]  So what, I mean, when they said it and said that it was for, you know, said it was a pretrial slash plea docket.
[01:36:56.280 --> 01:37:00.280]  What does that mean? What were they expecting?
[01:37:00.280 --> 01:37:06.280]  They can't call the, there's not, 2801 does not include a plea docket.
[01:37:06.280 --> 01:37:11.280]  Who cares what they were expecting? They're expecting to be able to break the law and see if you're going to go along with it.
[01:37:11.280 --> 01:37:12.280]  Yeah.
[01:37:12.280 --> 01:37:13.280]  That doesn't matter.
[01:37:13.280 --> 01:37:21.280]  What they're expecting is, oh, well, you, you might want to talk to the prosecutor.
[01:37:21.280 --> 01:37:26.280]  Maybe we can resolve this matter without going to court.
[01:37:26.280 --> 01:37:37.280]  That's what they're always the first hearing this for is so the prosecutor come to you and play, well, let's make a deal.
[01:37:37.280 --> 01:37:44.280]  So you tell them that you're not here to make a deal with the prosecutor. You want this dismissed. You filed the motions before the court.
[01:37:44.280 --> 01:37:46.280]  Prosecutor didn't answer.
[01:37:46.280 --> 01:37:52.280]  So he stipulates everything in your motions. You have rights, summary judgment.
[01:37:52.280 --> 01:37:55.280]  And he can't answer then.
[01:37:55.280 --> 01:38:07.280]  Wait, no objection, surprise. If he wanted to raise an issue, if he wanted to oppose my motion, he had to do that in a timely manner at least seven days before this hearing.
[01:38:07.280 --> 01:38:10.280]  He didn't do that.
[01:38:10.280 --> 01:38:14.280]  So he doesn't get to speak. He's forbidden to speak.
[01:38:14.280 --> 01:38:16.280]  Okay.
[01:38:16.280 --> 01:38:25.280]  Another thing that can be addressed in that pre-trial hearing under 2801, Code of Criminal Procedure, is exceptions.
[01:38:25.280 --> 01:38:34.280]  If you, if you're raising an exception to the form or the substance of the indictment or information and.
[01:38:34.280 --> 01:38:40.280]  She's got a subject matter jurisdiction challenge. That's exactly what it does.
[01:38:40.280 --> 01:38:47.280]  There is no indictment or information. I object to the form and the substance of its non-existent document that's supposed to be there.
[01:38:47.280 --> 01:38:52.280]  Where is it? It's gone.
[01:38:52.280 --> 01:38:58.280]  Now, wait, sorry. What object, what document is supposed to be there?
[01:38:58.280 --> 01:39:08.280]  So in order to bring somebody to court and have them stand in answer for a crime, there are certain documents that have to be in place.
[01:39:08.280 --> 01:39:12.280]  This citation is not one of them.
[01:39:12.280 --> 01:39:17.280]  A complaint has to be sworn an affidavit.
[01:39:17.280 --> 01:39:31.280]  Somebody is swearing that they have reason to believe and they do believe that you committed a crime and they describe your actions and they map it so that it goes to a particular crime.
[01:39:31.280 --> 01:39:40.280]  They did swear out an affidavit complaint to the officer and the court clerk signed it and sent it to me.
[01:39:40.280 --> 01:39:50.280]  Okay. So then that complaint is supposed to be, according to the law, is supposed to be the basis of another document.
[01:39:50.280 --> 01:39:55.280]  And that document is called an information.
[01:39:55.280 --> 01:40:03.280]  The prosecuting attorney is supposed to draw up an information based on that complaint and file them both.
[01:40:03.280 --> 01:40:10.280]  Not one, not either, both into a court that has the proper jurisdiction.
[01:40:10.280 --> 01:40:20.280]  Okay. Hold on. In Texas they rule that a traffic citation can be prosecuted on the complaint alone.
[01:40:20.280 --> 01:40:28.280]  Yeah, they did, but then that was overturned in 1999 and they're still pretending like it's legit.
[01:40:28.280 --> 01:40:30.280]  Oh, good.
[01:40:30.280 --> 01:40:38.280]  Chris, send us an email and Brett will send you that case.
[01:40:38.280 --> 01:40:40.280]  Okay, yeah.
[01:40:40.280 --> 01:40:47.280]  What's going to happen here, their only purpose is to get you to talk to the prosecutor and try to make a deal.
[01:40:47.280 --> 01:40:52.280]  They can only call you to court for specific reasons.
[01:40:52.280 --> 01:41:09.280]  So I've spoke to some people in the Republic of Texas about some laws that were passed by the legislature specifically to stop the Republic of Texas from some things they were doing in court.
[01:41:09.280 --> 01:41:17.280]  One of them was 32.46 issuing, what is it, Brett?
[01:41:17.280 --> 01:41:20.280]  Securing execution of a document by deception.
[01:41:20.280 --> 01:41:27.280]  Yes. So securing execution of a document by deception, we get to use it against them.
[01:41:27.280 --> 01:41:37.280]  They sent you a notice to appear for pretrial hearing when really they don't intend to hold a pretrial hearing.
[01:41:37.280 --> 01:41:42.280]  That goes to 32.46.
[01:41:42.280 --> 01:41:59.280]  And there's also 32.48 simulating legal process where they're making it look like based on what they wrote on the document that they made it look like it has the authority to somehow that whoever wrote that document has the authority to tell you to do some action
[01:41:59.280 --> 01:42:06.280]  or refrain from some action in order to comply with that authority that never existed.
[01:42:06.280 --> 01:42:10.280]  So that's also a crime.
[01:42:10.280 --> 01:42:13.280]  Okay.
[01:42:13.280 --> 01:42:15.280]  Wait, you're getting some background noise, Krista.
[01:42:15.280 --> 01:42:20.280]  Can you please up if they... Yes.
[01:42:20.280 --> 01:42:22.280]  Okay, go ahead.
[01:42:22.280 --> 01:42:30.280]  Do I only use those if they deny the subject jurisdiction?
[01:42:30.280 --> 01:42:31.280]  Right.
[01:42:31.280 --> 01:42:35.280]  You don't need to bring those up. Those are separate. That's a no different channel.
[01:42:35.280 --> 01:42:38.280]  You've got one channel going which is getting you off the hook.
[01:42:38.280 --> 01:42:43.280]  And then these others are new issues that they did.
[01:42:43.280 --> 01:42:51.280]  They're committing crimes in the attempt to hook you and get you to squeeze some money out of you.
[01:42:51.280 --> 01:42:55.280]  They're in the process of that. They are committing other crimes.
[01:42:55.280 --> 01:42:58.280]  So picture it like a two-way road.
[01:42:58.280 --> 01:43:04.280]  You've got some people going this way and then on the other side of the median you've got people going the other way.
[01:43:04.280 --> 01:43:08.280]  So you're getting yourself off the hook is one issue.
[01:43:08.280 --> 01:43:19.280]  And then in the process you can highlight their crimes and report their crimes like this 3246 and this 3248.
[01:43:19.280 --> 01:43:21.280]  Those are crimes that they're committing right now.
[01:43:21.280 --> 01:43:27.280]  An official oppression, 3903. These crimes are going on from them.
[01:43:27.280 --> 01:43:34.280]  The hearing that they're supposedly calling her to, they called her to a pre-trial hearing.
[01:43:34.280 --> 01:43:44.280]  The only thing they can do in a pre-trial hearing is an arraignment or hear motions of pleadings.
[01:43:44.280 --> 01:43:51.280]  So the only thing, if they don't hear those motions of pleadings then they've simulated a legal process.
[01:43:51.280 --> 01:43:57.280]  Hang on, Randy Kelton, Brett Fountain, move our radio.
[01:43:57.280 --> 01:44:22.280]  Oh, I screwed that up. Be right back.
[01:44:28.280 --> 01:44:34.280]  How to turn the financial tables on them and make them pay you to go away.
[01:44:34.280 --> 01:44:39.280]  The Michael Mirris proven method is the solution for how to stop debt collectors.
[01:44:39.280 --> 01:44:47.280]  Personal consultation is available as well. For more information please visit ruleoflawradio.com and click on the blue Michael Mirris banner.
[01:44:47.280 --> 01:44:58.280]  Or email Michael Mirris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:44:58.280 --> 01:45:01.280]  To learn how to stop debt collectors next.
[01:45:01.280 --> 01:45:04.280]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.280 --> 01:45:08.280]  Win your case without an attorney with Jurisdictionary.
[01:45:08.280 --> 01:45:16.280]  The affordable, easy to understand, poor CD course that will show you how in 24 hours, step by step.
[01:45:16.280 --> 01:45:20.280]  If you don't have a lawyer, know what your lawyer should be doing.
[01:45:20.280 --> 01:45:24.280]  If you don't have a lawyer, know what you should do for yourself.
[01:45:24.280 --> 01:45:29.280]  Thousands have won with our step by step course and now you can too.
[01:45:29.280 --> 01:45:35.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:35.280 --> 01:45:44.280]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:44.280 --> 01:45:52.280]  Visit our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:52.280 --> 01:45:56.280]  Please visit ruleoflawradio.com and click on the banner.
[01:45:56.280 --> 01:46:23.280]  Or call toll-free 866-LAW-E-V.
[01:46:23.280 --> 01:46:30.280]  We are back.
[01:46:30.280 --> 01:46:32.280]  Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:32.280 --> 01:46:36.280]  It seems you lost, Krista.
[01:46:36.280 --> 01:46:37.280]  Krista, we can talk.
[01:46:37.280 --> 01:46:40.280]  If you're listening, we can talk about this off the air.
[01:46:40.280 --> 01:46:44.280]  Rome, Texas happens to be about five miles from where I live.
[01:46:44.280 --> 01:46:46.280]  I know the chief.
[01:46:46.280 --> 01:46:48.280]  I know the judge.
[01:46:48.280 --> 01:46:49.280]  He doesn't like me.
[01:46:49.280 --> 01:46:52.280]  I ask a bailiff to arrest him in court one day.
[01:46:52.280 --> 01:46:57.280]  He didn't find any humor in that, so I would very much like to address this.
[01:46:57.280 --> 01:46:58.280]  We can talk about it off the air.
[01:46:58.280 --> 01:47:00.280]  I do have a first-time caller.
[01:47:00.280 --> 01:47:09.280]  I'd like to get to if your area code 949, talk to us.
[01:47:09.280 --> 01:47:11.280]  Hi.
[01:47:11.280 --> 01:47:12.280]  Hello.
[01:47:12.280 --> 01:47:15.280]  What is your first name and state?
[01:47:15.280 --> 01:47:16.280]  Yes.
[01:47:16.280 --> 01:47:20.280]  It's E.J. and I'm from California.
[01:47:20.280 --> 01:47:23.280]  What do you have for us today?
[01:47:23.280 --> 01:47:26.280]  Okay.
[01:47:26.280 --> 01:47:29.280]  I'm going on my fourth hearing.
[01:47:29.280 --> 01:47:43.280]  It's May 3rd, so it is a case where a security guard at the hospital where my family member
[01:47:43.280 --> 01:47:51.280]  was hanging in the evening and he told the police that he got punched in the face.
[01:47:51.280 --> 01:47:55.280]  So now I've got these charges against me.
[01:47:55.280 --> 01:47:58.280]  It's like an assault on battery.
[01:47:58.280 --> 01:48:04.280]  I didn't know any of these affidavit approaches.
[01:48:04.280 --> 01:48:10.280]  So I'm starting that now, trying to like affidavit status, affidavit.
[01:48:10.280 --> 01:48:15.280]  Are you talking about the person who was in the hospital claimed that he was punched in
[01:48:15.280 --> 01:48:17.280]  the face by you?
[01:48:17.280 --> 01:48:18.280]  Yes.
[01:48:18.280 --> 01:48:20.280]  Yeah, I'm a family member.
[01:48:20.280 --> 01:48:23.280]  I tried to go to see my mom that night.
[01:48:23.280 --> 01:48:24.280]  They're waiting for me.
[01:48:24.280 --> 01:48:26.280]  I'm sleeping over that night.
[01:48:26.280 --> 01:48:34.280]  I didn't get arrested, but my second hearing, this is shocking because I have no criminal
[01:48:34.280 --> 01:48:35.280]  background.
[01:48:35.280 --> 01:48:39.280]  I mean, it's just shocking.
[01:48:39.280 --> 01:48:46.280]  The second hearing, the judge, he's a trial judge since the courts were closed.
[01:48:46.280 --> 01:48:52.280]  So my case was a thank to a trial judge.
[01:48:52.280 --> 01:48:54.280]  He, what's the word?
[01:48:54.280 --> 01:48:57.280]  I guess he tried to arrest me.
[01:48:57.280 --> 01:49:00.280]  They put handcuffs on me.
[01:49:00.280 --> 01:49:01.280]  Why?
[01:49:01.280 --> 01:49:04.280]  I don't know why.
[01:49:04.280 --> 01:49:08.280]  He never said that I was in contempt or anything and after that.
[01:49:08.280 --> 01:49:11.280]  Actually during the hearing, I said, this is a court of record.
[01:49:11.280 --> 01:49:13.280]  He said no.
[01:49:13.280 --> 01:49:20.280]  So now I'm finding all this information right now that possibly the Superior Court, this
[01:49:20.280 --> 01:49:24.280]  is the Superior Court of County of Orange.
[01:49:24.280 --> 01:49:26.280]  There's like five satellites.
[01:49:26.280 --> 01:49:28.280]  That's huge counties.
[01:49:28.280 --> 01:49:31.280]  Anyway, it's my court of record.
[01:49:31.280 --> 01:49:33.280]  He said no.
[01:49:33.280 --> 01:49:36.280]  It has to be a court of record.
[01:49:36.280 --> 01:49:41.280]  Will you charge with a infraction or a class C misdemeanor?
[01:49:41.280 --> 01:49:43.280]  It's a misdemeanor.
[01:49:43.280 --> 01:49:44.280]  Both of them.
[01:49:44.280 --> 01:49:46.280]  It's a sultan battery.
[01:49:46.280 --> 01:49:51.280]  A sultan battery is a misdemeanor, but it's not a class C misdemeanor.
[01:49:51.280 --> 01:49:55.280]  And this has to be a court of record.
[01:49:55.280 --> 01:49:58.280]  So make sure you request the record for the hearing.
[01:49:58.280 --> 01:49:59.280]  I did.
[01:49:59.280 --> 01:50:01.280]  I requested for all three.
[01:50:01.280 --> 01:50:02.280]  I didn't pay for it.
[01:50:02.280 --> 01:50:05.280]  So I haven't received anything through mail.
[01:50:05.280 --> 01:50:07.280]  I don't, they're all the same.
[01:50:07.280 --> 01:50:10.280]  How long ago did you request it?
[01:50:10.280 --> 01:50:16.280]  About close to a month and a half now.
[01:50:16.280 --> 01:50:21.280]  Right after my last hearing, which was in February, February 3rd.
[01:50:21.280 --> 01:50:28.280]  Then you might file a judicial conduct complaint against the judge for failing to
[01:50:28.280 --> 01:50:38.280]  maintain the training for the clerks and other court members because they're not
[01:50:38.280 --> 01:50:40.280]  following law.
[01:50:40.280 --> 01:50:47.280]  Let him argue why they didn't send you the records.
[01:50:47.280 --> 01:50:49.280]  I have this rule that we talk about.
[01:50:49.280 --> 01:50:54.280]  Never ask a public official to do anything you actually want them to do.
[01:50:54.280 --> 01:50:58.280]  Because you never ask a public official to do anything that the law does not
[01:50:58.280 --> 01:50:59.280]  compel them to do.
[01:50:59.280 --> 01:51:02.280]  So when they don't do it, you could hammer them.
[01:51:02.280 --> 01:51:09.280]  So do you know how long some, I wish we had Tina on.
[01:51:09.280 --> 01:51:10.280]  She could tell me this.
[01:51:10.280 --> 01:51:20.280]  How long the court has to respond to a request of this nature?
[01:51:20.280 --> 01:51:21.280]  Okay.
[01:51:21.280 --> 01:51:26.280]  Well, no, I asked the clerk.
[01:51:26.280 --> 01:51:27.280]  Wait, wait.
[01:51:27.280 --> 01:51:31.280]  Did you do this in Rydeck?
[01:51:31.280 --> 01:51:33.280]  No, I just went to the court.
[01:51:33.280 --> 01:51:39.280]  They told me just go to the clerk's office and do a request for the...
[01:51:39.280 --> 01:51:41.280]  Yeah, they wanted to stay unofficial.
[01:51:41.280 --> 01:51:46.280]  However, California has a records request.
[01:51:46.280 --> 01:51:49.280]  They say even verbal is okay.
[01:51:49.280 --> 01:51:57.280]  They prefer writing, but they have specifically said that even if it's verbal,
[01:51:57.280 --> 01:52:00.280]  it's a legit request.
[01:52:00.280 --> 01:52:02.280]  Then you might go down to the...
[01:52:02.280 --> 01:52:09.280]  Make up a criminal complaint against the clerk for denying you due process
[01:52:09.280 --> 01:52:13.280]  and give it to the judge.
[01:52:13.280 --> 01:52:16.280]  That'll get his attention.
[01:52:16.280 --> 01:52:18.280]  Okay.
[01:52:18.280 --> 01:52:20.280]  Before I say that...
[01:52:20.280 --> 01:52:21.280]  Okay.
[01:52:21.280 --> 01:52:25.280]  What do you want to happen here?
[01:52:25.280 --> 01:52:30.280]  I'm saying something that'll really pick a fight with the judge.
[01:52:30.280 --> 01:52:35.280]  Right.
[01:52:35.280 --> 01:52:47.280]  Well, I mean, I submitted a motion to dismiss and the DA, the WDA,
[01:52:47.280 --> 01:52:50.280]  he said that I...
[01:52:50.280 --> 01:52:54.280]  It was untimely, but I did it exactly 10 days.
[01:52:54.280 --> 01:52:57.280]  That's the rule, the court rule says.
[01:52:57.280 --> 01:53:06.280]  And, of course, the judge accepted her untimely objection.
[01:53:06.280 --> 01:53:10.280]  And how long ago was this?
[01:53:10.280 --> 01:53:12.280]  This is March 3rd.
[01:53:12.280 --> 01:53:17.280]  But my 3rd hearing was March 3rd.
[01:53:17.280 --> 01:53:21.280]  My next hearing is the 4th and I haven't even been arranged.
[01:53:21.280 --> 01:53:23.280]  There's an all-arrayment.
[01:53:23.280 --> 01:53:25.280]  And they just...
[01:53:25.280 --> 01:53:26.280]  These are all...
[01:53:26.280 --> 01:53:30.280]  I believe these are kangaroo courts because when I looked at the minutes,
[01:53:30.280 --> 01:53:33.280]  they said that I waived my right for an order.
[01:53:33.280 --> 01:53:37.280]  I never waived my right.
[01:53:37.280 --> 01:53:38.280]  Oh, good.
[01:53:38.280 --> 01:53:40.280]  They start filing...
[01:53:40.280 --> 01:53:43.280]  They...
[01:53:43.280 --> 01:53:48.280]  This is kind of standard in California courts.
[01:53:48.280 --> 01:53:52.280]  California may well be the most corrupt state in the Union.
[01:53:52.280 --> 01:53:54.280]  Wow.
[01:53:54.280 --> 01:53:56.280]  They ignore everything.
[01:53:56.280 --> 01:53:58.280]  Everything, yeah.
[01:53:58.280 --> 01:54:02.280]  So, Bargreaves the prosecutor.
[01:54:02.280 --> 01:54:03.280]  Okay.
[01:54:03.280 --> 01:54:05.280]  Yeah, I need to start doing that because I'm...
[01:54:05.280 --> 01:54:11.280]  So, like, since this is all new to me, I take tons of time trying to...
[01:54:11.280 --> 01:54:12.280]  Okay.
[01:54:12.280 --> 01:54:13.280]  Do you listen...
[01:54:13.280 --> 01:54:15.280]  Have you listened to our show before?
[01:54:15.280 --> 01:54:16.280]  No.
[01:54:16.280 --> 01:54:22.280]  This is my first time because I just got on Alphonse, Alphonse, the telegram.
[01:54:22.280 --> 01:54:28.280]  And then I think I knew Brett because I shared some telegram messages with Brett
[01:54:28.280 --> 01:54:30.280]  regarding my...
[01:54:30.280 --> 01:54:31.280]  I don't...
[01:54:31.280 --> 01:54:33.280]  You probably talk to different people at the time.
[01:54:33.280 --> 01:54:34.280]  But anyway, you know, this is my first call.
[01:54:34.280 --> 01:54:35.280]  Yeah.
[01:54:35.280 --> 01:54:36.280]  Yeah.
[01:54:36.280 --> 01:54:46.280]  I'm a little reluctant to say do this or do that without understanding what you want to
[01:54:46.280 --> 01:54:47.280]  accomplish here.
[01:54:47.280 --> 01:54:54.280]  If this is your first time dealing with the court, I doubt that you are a legal reform
[01:54:54.280 --> 01:54:55.280]  activist.
[01:54:55.280 --> 01:55:00.280]  And it's not your purpose to go in there and fix the evils of the world.
[01:55:00.280 --> 01:55:04.280]  You want to handle this claim that's against you.
[01:55:04.280 --> 01:55:09.280]  And for the most part, what they will do, they don't care what the law is.
[01:55:09.280 --> 01:55:11.280]  They don't care what the facts are.
[01:55:11.280 --> 01:55:19.280]  They just will take the claim against you and jerk you around in the courts for a while
[01:55:19.280 --> 01:55:21.280]  until they got you good and softened up.
[01:55:21.280 --> 01:55:24.280]  And then they'll come to you and offer you a deal.
[01:55:24.280 --> 01:55:30.280]  They will lower the charge to something much lower than what the original charge was.
[01:55:30.280 --> 01:55:34.280]  And you take the deal and plead guilty and then everybody goes home and nobody has to
[01:55:34.280 --> 01:55:35.280]  do any work.
[01:55:35.280 --> 01:55:38.280]  That's what they do.
[01:55:38.280 --> 01:55:44.280]  But before I say pick a fight with a judge or pick a fight with a prosecutor, I really
[01:55:44.280 --> 01:55:47.280]  need to know what you want to do.
[01:55:47.280 --> 01:55:50.280]  I don't want to put your...
[01:55:50.280 --> 01:55:54.280]  I don't suggest you do something and then put you in a position to where they'll want
[01:55:54.280 --> 01:55:58.280]  to come after you and make your fight harder.
[01:55:58.280 --> 01:56:00.280]  Harder, right?
[01:56:00.280 --> 01:56:04.280]  Because in the real world, it really doesn't matter what the law says.
[01:56:04.280 --> 01:56:08.280]  It's all political.
[01:56:08.280 --> 01:56:09.280]  So...
[01:56:09.280 --> 01:56:15.280]  I thought I would be able to fight these guys just because they don't even have a verified
[01:56:15.280 --> 01:56:16.280]  complaint.
[01:56:16.280 --> 01:56:23.280]  I know they don't because the security guard and I think the witness, I haven't seen anything.
[01:56:23.280 --> 01:56:29.280]  And of course, the federal rules, you know, protecting them, they won't even give me a
[01:56:29.280 --> 01:56:34.280]  police report, a redacted one, nor a verified complaint.
[01:56:34.280 --> 01:56:41.280]  I have only the charging document that is a hearsay saying that it's an attorney, a
[01:56:41.280 --> 01:56:49.280]  DA, to assess this knowledge and the penalty of perjury, and he signed it with the head
[01:56:49.280 --> 01:56:54.280]  DA, has been the top officer in Orange County.
[01:56:54.280 --> 01:56:58.280]  So what am I doing here?
[01:56:58.280 --> 01:57:04.280]  I guess I'm going after the head DA because he just...
[01:57:04.280 --> 01:57:05.280]  Yeah, hang on.
[01:57:05.280 --> 01:57:08.280]  See, I'm getting uncomfortable here.
[01:57:08.280 --> 01:57:14.280]  I'm afraid that what I'm likely to do if I'm not careful is throw you into the deep
[01:57:14.280 --> 01:57:16.280]  into the pool.
[01:57:16.280 --> 01:57:19.280]  We're running out of time tonight.
[01:57:19.280 --> 01:57:22.280]  Can you call back tomorrow?
[01:57:22.280 --> 01:57:23.280]  Yes, please.
[01:57:23.280 --> 01:57:24.280]  I will be there.
[01:57:24.280 --> 01:57:25.280]  Yes, thank you.
[01:57:25.280 --> 01:57:30.280]  That'll give me more time to better evaluate this case.
[01:57:30.280 --> 01:57:35.280]  Now, if this were Tina, who takes them on all the time, I would say go for these guys.
[01:57:35.280 --> 01:57:41.280]  If this is your first time, I don't want to throw you in to the deep into the pool and
[01:57:41.280 --> 01:57:46.280]  get you in over your head in a fight you may not want to have.
[01:57:46.280 --> 01:57:48.280]  Okay, thank you.
[01:57:48.280 --> 01:57:53.280]  Okay, thank you very much for calling.
[01:57:53.280 --> 01:58:01.280]  This is Randy Kelkin, Brett Fountain, we'll be back tomorrow night for our info marathon.
[01:58:01.280 --> 01:58:05.280]  If you wanted to call us tonight, we didn't spend enough time with you.
[01:58:05.280 --> 01:58:09.280]  Call back tomorrow night, we'll have more time.
[01:58:09.280 --> 01:58:15.280]  This four hour show is sometimes kind of difficult to do, but it's worth it.
[01:58:15.280 --> 01:58:21.280]  We were able to go through issues in a lot more detail.
[01:58:21.280 --> 01:58:27.280]  So, like, what was your name?
[01:58:27.280 --> 01:58:32.280]  That was E.J.
[01:58:32.280 --> 01:58:37.280]  If I say, oh, do this, do that, the other, she might get into something that she's not
[01:58:37.280 --> 01:58:38.280]  ready to handle.
[01:58:38.280 --> 01:58:45.280]  So, in our longer shows, we can take more time to develop these issues and at the same time
[01:58:45.280 --> 01:58:48.280]  demonstrate to people how we do it.
[01:58:48.280 --> 01:58:58.280]  See you tomorrow night.
[01:59:18.280 --> 01:59:25.280]  This translation is highly accurate and it comes with over 13,000 cross references, plus
[01:59:25.280 --> 01:59:29.280]  charts and maps and an outline for every book of the Bible.
[01:59:29.280 --> 01:59:32.280]  This is truly a Bible you can understand.
[01:59:32.280 --> 01:59:40.280]  To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102.
[01:59:40.280 --> 01:59:52.280]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:52.280 --> 02:00:10.280]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.