ROL_2022-04-15_16k_Hr1-2.timecode

[00:00.000 --> 00:05.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500]  They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000]  Our liberty depends on it.
[00:11.000 --> 00:16.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500]  Privacy is under attack.
[00:18.500 --> 00:22.000]  When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500]  Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000]  This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500]  Start over with Startpage.
[00:45.500 --> 00:47.500]  Spar, it's what fighters do.
[00:47.500 --> 00:51.000]  It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000]  If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 00:56.500]  Spar with an extra P.
[00:56.500 --> 01:03.000]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:03.000 --> 01:08.500]  Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.500 --> 01:10.500]  But petition for redress is another matter.
[01:10.500 --> 01:14.500]  We have the right to petition the government for a redress of grievances.
[01:14.500 --> 01:17.500]  It means that if we're unhappy with what's going on in our government,
[01:17.500 --> 01:21.000]  we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:30.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:30.500 --> 01:34.500]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000]  They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500]  Our liberty depends on it.
[01:39.500 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.000]  to remember one of your constitutional rights.
[01:46.000 --> 01:48.000]  Privacy is under attack.
[01:48.000 --> 01:51.500]  When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.500 --> 01:58.000]  So protect your rights.
[01:58.000 --> 02:01.500]  Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000]  This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000]  the private search engine alternative to Google, Yahoo, and VIN.
[02:12.000 --> 02:15.500]  Start over with StartPage.
[02:15.500 --> 02:19.500]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.500 --> 02:22.000]  around the Bill of Rights in a big old bear hug.
[02:22.000 --> 02:26.000]  It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000]  arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500]  Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:37.500]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.500 --> 02:38.500]  when he said,
[02:38.500 --> 02:43.500]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.500 --> 02:47.500]  one more safeguard against the tyranny which now appears remote in America,
[02:47.500 --> 02:51.000]  but which historically has proved to always be possible.
[02:51.000 --> 03:14.500]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:21.000 --> 03:27.500]  What you gonna do? What you gonna do?
[03:27.500 --> 03:30.500]  Bad boys, bad boys, what you gonna do?
[03:30.500 --> 03:33.000]  What you gonna do when they come for you?
[03:33.000 --> 03:36.000]  Bad boys, bad boys, what you gonna do?
[03:36.000 --> 03:38.500]  What you gonna do when they come for you?
[03:38.500 --> 03:41.500]  When you were eight and you had bad traits,
[03:41.500 --> 03:44.000]  you'd go to school and learn the golden rules.
[03:44.000 --> 03:47.000]  So why are you acting like a bloody fool?
[03:47.000 --> 03:49.500]  If you get fucked then you might just cool.
[03:49.500 --> 03:52.500]  Bad boys, bad boys, what you gonna do?
[03:52.500 --> 03:54.500]  What you gonna do when they come for you?
[03:54.500 --> 03:58.000]  Bad boys, bad boys, what you gonna do?
[03:58.000 --> 04:00.500]  What you gonna do when they come for you?
[04:00.500 --> 04:03.500]  You chuck it on that one, you chuck it on this one.
[04:03.500 --> 04:06.000]  You chuck it on your mother and you chuck it on your father.
[04:06.000 --> 04:08.500]  You chuck it on your brother and you chuck it on your sister.
[04:08.500 --> 04:11.500]  You chuck it on that one and you chuck it on me.
[04:11.500 --> 04:14.500]  Bad boys, bad boys what you gonna do?
[04:14.500 --> 04:16.500]  What you gonna do when they come for you?
[04:16.500 --> 04:36.180]  Whatcha gonna do, whatcha gonna do, when they come for you?
[04:36.180 --> 04:36.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, when they come for you?
[04:36.200 --> 04:36.500]  Nobody now giving no break. Police now giving no break.
[04:36.500 --> 04:46.020]  Okay. Howdy, howdy, Randy Kelton, Brett Fountain, Rue La La Radio, on this the 15th day of April.
[04:46.020 --> 04:51.540]  2022, and it's not even Income Tax Day.
[04:51.540 --> 04:54.940]  Feels like it's going to be, right?
[04:54.940 --> 04:58.780]  All the pressure's there, and then you realize, oh, you have an extra couple days.
[04:58.780 --> 05:02.540]  Right after Easter Sunday.
[05:02.540 --> 05:04.140]  That should make everybody happy.
[05:04.140 --> 05:11.580]  And turning the phone lines on, if you have a question or comment, give us a call on the
[05:11.580 --> 05:17.220]  call-in number, 512-646-1984.
[05:17.220 --> 05:20.020]  We'll be taking your calls all night.
[05:20.020 --> 05:26.020]  And I'm going to start out with what I started to start out with yesterday.
[05:26.020 --> 05:32.820]  I had some people want me to do a presentation on the codes that we keep using.
[05:32.820 --> 05:39.180]  You know, Brett and I keep spitting out all these codes, and people think we've got the
[05:39.180 --> 05:42.540]  penal code and Code of Criminal Procedure memorized.
[05:42.540 --> 05:50.140]  Well, just for the record, I don't, Brett does.
[05:50.140 --> 05:53.980]  So he's responsible for all of that.
[05:53.980 --> 05:54.980]  But finally...
[05:54.980 --> 06:04.100]  I thought you were going to say you don't, and then you put me on the spot like I do.
[06:04.100 --> 06:05.500]  Yeah, I don't.
[06:05.500 --> 06:06.500]  You do.
[06:06.500 --> 06:13.140]  We've got to call her, but I don't know if I want to talk to her.
[06:13.140 --> 06:14.140]  He's kind of a chump.
[06:14.140 --> 06:16.140]  Should we take the chump?
[06:16.140 --> 06:17.140]  Yeah.
[06:17.140 --> 06:18.140]  Okay.
[06:18.140 --> 06:19.140]  Hello, chump.
[06:19.140 --> 06:20.140]  Who are you talking to?
[06:20.140 --> 06:21.140]  You know who I'm talking to.
[06:21.140 --> 06:22.140]  You have a question directly on point, right?
[06:22.140 --> 06:23.140]  This is Scott Richardson.
[06:23.140 --> 06:24.140]  Directly on point.
[06:24.140 --> 06:25.140]  You haven't started playing anything yet.
[06:25.140 --> 06:40.780]  Yeah, I just called to see if you need any answers to anything.
[06:40.780 --> 06:45.500]  Yeah, we do, but we need correct answers.
[06:45.500 --> 06:48.620]  Well, I plan on giving you those later.
[06:48.620 --> 06:53.220]  Okay, I was going to go through the codes that we normally use.
[06:53.220 --> 07:01.780]  You're kind of familiar with the fact that we tend to use the same codes over and over.
[07:01.780 --> 07:03.340]  There are only a few of them.
[07:03.340 --> 07:07.660]  The first one, the one we use the most is 39.03.
[07:07.660 --> 07:13.100]  You want to tell them all about that, Scott?
[07:13.100 --> 07:22.340]  Well, it's just official oppression on what are they doing basically to operate out of
[07:22.340 --> 07:27.900]  scope, and once they start operating out of scope, then they could lose their qualified
[07:27.900 --> 07:28.900]  immunity.
[07:28.900 --> 07:33.060]  Then that opens them up to all kinds of liability.
[07:33.060 --> 07:36.260]  It's also a Class A misdemeanor.
[07:36.260 --> 07:45.060]  If a public official exerts or purports to exert an authority they do not expressly have
[07:45.060 --> 07:51.780]  or fails to perform a duty they're required to perform, and in the process denies a citizen
[07:51.780 --> 07:58.340]  full and free access to their introvert or right, that's a Class A misdemeanor in Texas.
[07:58.340 --> 08:05.660]  That's a pretty big deal, and if they do that while they're prominently displaying a dead
[08:05.660 --> 08:10.340]  weapon, it gets to be an even bigger deal.
[08:10.340 --> 08:16.980]  For instance, if they arrest you for something they don't have the authority to arrest you
[08:16.980 --> 08:26.900]  for, the arrest would be considered assault, taking of your physical body.
[08:26.900 --> 08:33.580]  Or as Eddie phrases it, seizing you at your liberty.
[08:33.580 --> 08:43.620]  Yes, and that would be simple assault 22.01, unless you're prominently displaying a dead
[08:43.620 --> 08:56.500]  weapon, in which case it would be 22.02, a second-degree felony aggravated assault, unless
[08:56.500 --> 09:06.140]  or except if the individual was acting under the color or pretense of an official capacity
[09:06.140 --> 09:10.820]  in that case, it would be a felony of the first degree.
[09:10.820 --> 09:17.140]  When the Rome police officer pulled me over and wrote me a ticket, he didn't have authority
[09:17.140 --> 09:22.460]  to enforce the transportation code, so he acted under the color of his authority when
[09:22.460 --> 09:30.460]  he seized me at my liberty, while prominently displaying a dead weapon, so I just sent a
[09:30.460 --> 09:35.500]  first-degree felony aggravated assault charge against him to his chief of police.
[09:35.500 --> 09:38.740]  Let's see how that works out.
[09:38.740 --> 09:44.780]  Anyway, we're getting callers, and we've got two up, so I guess I won't get time to
[09:44.780 --> 09:47.060]  go through all of this today.
[09:47.060 --> 09:51.620]  Scott, what did you call for before I bushwhacked you?
[09:51.620 --> 10:02.860]  Well, I was going to do some quasi-crowing, and just had a little encounter with the Emory
[10:02.860 --> 10:13.100]  Police about four or five days ago, and that was over in Raines County, and I had gone
[10:13.100 --> 10:21.620]  through the ringer over in Raines County and did a lot of proactive work at my favor, and
[10:21.620 --> 10:30.180]  so obviously it might have had a little positive effect on me being able to go around there
[10:30.180 --> 10:39.020]  and not have to worry about a few things, but anyhow, I was coming home one night after
[10:39.020 --> 10:40.020]  fishing and stuff.
[10:40.020 --> 10:47.420]  I was out there in the country in Raines County, and this Emory cop pulls me over.
[10:47.420 --> 10:53.140]  I was just about to come out of town, and the speed limit was 55.
[10:53.140 --> 11:00.100]  I just set it to 65, and right there was a little school, and there was a cop there.
[11:00.100 --> 11:07.100]  As soon as I blew right past him, he threw one of his cherries, and I was like, ah, shit,
[11:07.100 --> 11:08.100]  everything.
[11:08.100 --> 11:15.740]  So anyhow, I pull over, and as soon as I did, he came up to the window, and I'm just sitting
[11:15.740 --> 11:18.900]  there, and of course, I just crack it just enough to stick my license and everything
[11:18.900 --> 11:21.780]  through, and so I just handed him the license.
[11:21.780 --> 11:26.260]  I didn't say a word to him, and he goes, sir, the reason I pulled you over, you were doing
[11:26.260 --> 11:28.260]  65 and a 55.
[11:28.260 --> 11:29.260]  I didn't say nothing.
[11:29.260 --> 11:34.580]  I just had my stuff sticking out there, and he grabbed it, and he goes, you do realize
[11:34.580 --> 11:35.580]  how fast you were going.
[11:35.580 --> 11:42.660]  I said, yes, sir, and I didn't say nothing else, and he was like, oh, okay, and so he
[11:42.660 --> 11:48.540]  walks back to his little Suburban, and it was pitch black out there, it was dark, and
[11:48.540 --> 11:54.140]  all of a sudden, some of the lights kind of got less bright, like he turned off some of
[11:54.140 --> 11:59.060]  these lights, and so I was like, is it me, or did it just get a little bit darker around
[11:59.060 --> 12:00.060]  here?
[12:00.060 --> 12:04.780]  I was thinking, oh, well, let's see if another car pulls up here, about two minutes later,
[12:04.780 --> 12:10.620]  he comes bouncing out of that thing, and he says, sir, this is just a warning, here's
[12:10.620 --> 12:16.420]  your license, here's your insurance, be very careful getting back on the road, and have
[12:16.420 --> 12:17.420]  a good day.
[12:17.420 --> 12:22.420]  He turned around and got right on out of there, boy, and I was like, okay, and man, I put
[12:22.420 --> 12:26.340]  it in drive and cruised, hauled on out of there.
[12:26.340 --> 12:35.180]  So no confrontation at all, and I called you, and I told you about it, and he goes, yeah,
[12:35.180 --> 12:39.700]  he probably turned out that light, just so you could read the computer screen to see,
[12:39.700 --> 12:44.780]  look at all the red flags, and do not detain on your license.
[12:44.780 --> 12:50.060]  Yeah, he decided real quick, once he had a chance to look things up, he decided he didn't
[12:50.060 --> 12:51.540]  want to be messing with you.
[12:51.540 --> 12:59.140]  Yeah, he was like, well, I've got other things better to do tonight, so the knife is very
[12:59.140 --> 13:04.900]  young, I've got other fish I can catch, so I thought...
[13:04.900 --> 13:14.980]  Good, that's what happens when you fight them, so that's what happens when you fight them,
[13:14.980 --> 13:20.180]  they really don't like to fight, they like to bully around and do whatever they want
[13:20.180 --> 13:26.100]  to do, and they want you to be a docile little sheepy dude.
[13:26.100 --> 13:31.020]  I just coined that new term, docile little sheepy dude, you think that will catch on,
[13:31.020 --> 13:32.020]  Brett?
[13:32.020 --> 13:39.180]  Oh, maybe if your friend starts saying it on his outlets, then maybe it'll start catching
[13:39.180 --> 13:40.180]  on.
[13:40.180 --> 13:41.180]  Okay.
[13:41.180 --> 13:55.500]  Okay, so you had a good experience, you got out of a speeding ticket.
[13:55.500 --> 14:05.100]  Only because I had to do a lot of fighting, back in the day, 2015, 2013, all that stuff,
[14:05.100 --> 14:11.100]  but it will pay off down the road, and plus, I already knew what I was going to do, and
[14:11.100 --> 14:17.220]  if people were going to rob me a ticket, it was like, just have a couple of questions
[14:17.220 --> 14:25.100]  for him, and that would have been it, and then the paper, oh, information request, oh,
[14:25.100 --> 14:26.100]  it would have gotten...
[14:26.100 --> 14:27.100]  Yeah.
[14:27.100 --> 14:28.860]  Did you fall off your stool?
[14:28.860 --> 14:29.860]  Huh?
[14:29.860 --> 14:38.860]  Did you fall off your stool, or you kind of broke in the middle of the street, or something
[14:38.860 --> 14:39.860]  like that?
[14:39.860 --> 14:42.860]  Or you kind of broke in the middle of the sololable?
[14:42.860 --> 14:49.660]  No, I was just saying, I already kind of knew what I was going to do, if I had to go through
[14:49.660 --> 14:56.580]  the fight, but they didn't want the fight, and I'm out of there good to go, so take it
[14:56.580 --> 15:03.180]  through, is all I can say, and stand up for your rights, and that's, you'll learn something,
[15:03.180 --> 15:05.180]  so other than that...
[15:05.180 --> 15:10.020]  You only have to get jerked through your window once.
[15:10.020 --> 15:20.620]  Well, yeah, only once, and then, you know, and go visit the Who Scouts a couple of times,
[15:20.620 --> 15:29.020]  but yeah, you certainly will figure out how the system really works, and how to start
[15:29.020 --> 15:34.180]  applying pressure by filing criminal charges against them.
[15:34.180 --> 15:40.900]  So at the end of the day, considering that couple of years where you really worked on
[15:40.900 --> 15:44.700]  them, was it worth it?
[15:44.700 --> 15:47.700]  Of course.
[15:47.700 --> 15:48.700]  Good.
[15:48.700 --> 15:55.500]  It is worth it, when you don't have to be afraid of these guys anymore, and you don't
[15:55.500 --> 16:00.860]  have to get drugged out your window and thrown in jail, and we're working on practices to
[16:00.860 --> 16:06.940]  keep that from happening, and primarily the way we do that is we don't fight with police
[16:06.940 --> 16:07.940]  on the street.
[16:07.940 --> 16:12.740]  We pick the fight later, and you know, Scott got pulled over, and he didn't pick a fight,
[16:12.740 --> 16:19.700]  he didn't mess with the cop, and the fact that you just responded yes, you knew how
[16:19.700 --> 16:25.300]  fast you were going, and said nothing else, warned the cop.
[16:25.300 --> 16:29.900]  Said, this guy's not acting right.
[16:29.900 --> 16:36.620]  So he went back and checked, and sure enough, when you learn how to handle these guys, you
[16:36.620 --> 16:41.420]  have a lot less problems, and your life is better.
[16:41.420 --> 16:43.420]  You're not afraid of your environment anymore.
[16:43.420 --> 16:47.380]  Hang on, I have to go to our sponsors.
[16:47.380 --> 16:49.780]  Randy Keller, are you done, Scott?
[16:49.780 --> 16:50.780]  I am.
[16:50.780 --> 16:51.780]  Have a good night.
[16:51.780 --> 16:52.780]  Okay.
[16:52.780 --> 16:53.780]  Thank you, Scott.
[16:53.780 --> 17:00.340]  Randy Keller, Brett Fountain, we'll be right back.
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[18:08.580 --> 18:12.180]  to have a free society, then we're going to have to stand and defend our own rights.
[18:12.180 --> 18:15.740]  Among those rights are the right to travel freely from place to place, the right to act
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[18:54.460 --> 19:09.460]  Order your copy today, and together we can have the free society we all want and deserve.
[19:09.460 --> 19:37.460]  Thank you, Justice, yeah, whoa, the world is spinning like it's on fire, yeah, whoa,
[19:37.460 --> 19:43.260]  the world is spinning like it's out of control, on the edge of a hole, inside a deep dark
[19:43.260 --> 19:53.100]  hole, I'm always on the lookout for something to soothe my soul, so I sit back and I watch
[19:53.100 --> 20:08.740]  the evidence unfold, and I see justice is the goal, yeah, justice is the goal.
[20:08.740 --> 20:19.180]  Okay, howdy, howdy, Ray DeKalcom, Brett Fountain, ruleoflawradio, and we're going to Barrett
[20:19.180 --> 20:28.620]  in Colorado or Arizona somewhere, Barrett, we seem to remember something about you, you
[20:28.620 --> 20:36.500]  were in one state and had an issue about another state, right, I do, I do, I was arrested about
[20:36.500 --> 20:42.500]  nine months ago, and I was not taken before a magistrate, which I really wanted to be,
[20:42.500 --> 20:46.260]  and I told the jail officers, you know, I really want to see a magistrate before you're
[20:46.260 --> 20:51.540]  locked in the cell, I told them that, and they didn't do it, and I didn't see a magistrate
[20:51.540 --> 20:54.940]  for about 20 hours, I was in that cell.
[20:54.940 --> 20:55.940]  What state?
[20:55.940 --> 21:01.660]  To where they, to where I can...
[21:01.660 --> 21:03.660]  What state did this occur in?
[21:03.660 --> 21:12.100]  It's Arizona, St. John's, Arizona, St. John's jail, Arizona, matter of fact, county jail.
[21:12.100 --> 21:19.100]  Okay, so are you living in, you're listed on our database with both Colorado and Arizona,
[21:19.100 --> 21:20.660]  are you living in Arizona?
[21:20.660 --> 21:25.460]  Yeah, now I'm living in Arizona because I bought property out here.
[21:25.460 --> 21:28.500]  Okay, okay, now I know who you are.
[21:28.500 --> 21:31.740]  So they impounded your car?
[21:31.740 --> 21:32.740]  Yeah.
[21:32.740 --> 21:39.180]  So what's the, what's the, what's the situation now?
[21:39.180 --> 21:47.660]  Well, they keep putting it off, it's been over a year now, and my Sixth Amendment right
[21:47.660 --> 21:54.860]  to a speedy trial has been violated at least five times, and I told the judge, the traffic
[21:54.860 --> 22:02.820]  judge, who represents the plaintiff, which is the state, I'm like...
[22:02.820 --> 22:08.940]  Okay, okay, it doesn't help us for you to make those kinds of dispersions.
[22:08.940 --> 22:18.460]  The traffic judge is representing the state, and have you filed a motion to dismiss for
[22:18.460 --> 22:20.460]  denial of speedy trial?
[22:20.460 --> 22:26.420]  Yes, well, I didn't file it in paperwork, I just told the judge, hey, you know, this
[22:26.420 --> 22:28.380]  has been going on a long time.
[22:28.380 --> 22:32.580]  You didn't file it, all you did was complain.
[22:32.580 --> 22:38.020]  You need to write up a speedy trial motion.
[22:38.020 --> 22:44.460]  What does the speedy trial statute in Arizona say?
[22:44.460 --> 22:50.460]  It says 70 days, 70 days.
[22:50.460 --> 22:52.900]  Seventy days for what?
[22:52.900 --> 22:58.620]  A speedy trial for you to get a speedy trial is 70 days.
[22:58.620 --> 23:00.380]  Okay, is this...
[23:00.380 --> 23:02.380]  You say seven, like one week?
[23:02.380 --> 23:05.900]  No, 70, I think he said.
[23:05.900 --> 23:11.420]  Yeah, seven days, like two months and 10 days.
[23:11.420 --> 23:18.780]  Okay, you need to prepare and file a motion to dismiss for denial of speedy trial.
[23:18.780 --> 23:27.420]  And when they deny it, then you prepare and file a petition for writ of mandamus to the
[23:27.420 --> 23:35.140]  court of appeals, asking the court of appeals to dismiss the case for lack of subject matter
[23:35.140 --> 23:44.500]  jurisdiction because the trial court exceeded their statutory time limit and lost jurisdiction.
[23:44.500 --> 23:50.620]  But you can't do this just complaining.
[23:50.620 --> 23:55.060]  You have to read the codes.
[23:55.060 --> 23:58.300]  You can't just say they did something wrong.
[23:58.300 --> 24:06.380]  We have a rule, one of Randy Kelton's, in the gospel according to Randy Kelton, one
[24:06.380 --> 24:14.820]  of the commandments is never make a proactive statement of law out of your own mouth.
[24:14.820 --> 24:19.940]  You can't go to them and say, hey, they denied my speedy trial right.
[24:19.940 --> 24:27.580]  No, you have to say they held me, they accused me of this crime on this day, they arrested
[24:27.580 --> 24:34.300]  me on this day and I was brought before the court on this day and it has been this many
[24:34.300 --> 24:42.300]  days without an adjudication of the case and the speedy trial act gives them this number
[24:42.300 --> 24:43.300]  of days.
[24:43.300 --> 24:51.380]  Therefore, they are the result of X number of days past their jurisdiction according
[24:51.380 --> 24:57.140]  to this statute, he asked the court to dismiss.
[24:57.140 --> 25:03.420]  So I got to look at the statute.
[25:03.420 --> 25:06.860]  That is a really good idea.
[25:06.860 --> 25:19.460]  Not just the statute, go online Arizona and do a search for speedy trial brief or treatise.
[25:19.460 --> 25:25.700]  I don't bother with Lexis, Westlaw, any of those search engines anymore, they're wasting
[25:25.700 --> 25:27.220]  my time.
[25:27.220 --> 25:36.180]  I go online and look for cases, the first thing I want are briefs or treatises and if
[25:36.180 --> 25:43.580]  you do a search you will find treatises by college students, they have college students,
[25:43.580 --> 25:47.260]  graduate students who are getting close to getting out of college, one of the things
[25:47.260 --> 25:51.620]  they have them do is write up treatises on these different issues.
[25:51.620 --> 25:56.260]  They got all the case law in there, they got all the arguments, they make the arguments
[25:56.260 --> 25:59.980]  a whole lot better than you can make them.
[25:59.980 --> 26:05.820]  So pull down some of these treatises, they go through the whole subject for you, just
[26:05.820 --> 26:12.580]  that one subject, you don't need to learn all of the law on the planet, just that one
[26:12.580 --> 26:20.940]  subject to look for briefs or treatises, a brief will be an argument that a lawyer filed
[26:20.940 --> 26:25.980]  in a court case in support of his claim for speedy trial.
[26:25.980 --> 26:31.580]  And just go in there and read his brief and you'll find places you can just cut and paste
[26:31.580 --> 26:34.380]  into your document.
[26:34.380 --> 26:41.340]  If you've seen my documents, you don't really think I write all that stuff, do you?
[26:41.340 --> 26:48.140]  That would be nuts, I got lawyers and judges who do a lot better job than me, all I do
[26:48.140 --> 26:53.940]  is put headings on it and put stuff in quotes and make it look free.
[26:53.940 --> 26:58.380]  I am an accomplished plagiarist and you need to be the same thing.
[26:58.380 --> 27:06.380]  So go look this stuff up, you'll find it's interesting reading.
[27:06.380 --> 27:12.580]  They write these briefs really well, they will help you wrap your head around the subject
[27:12.580 --> 27:19.660]  matter and then you just don't come in wiping and complaining at the court because the judge
[27:19.660 --> 27:23.900]  really can't pay any attention to that.
[27:23.900 --> 27:31.740]  The judge has two primary duties, he has some secondary duties or maintaining the decor
[27:31.740 --> 27:40.220]  of the court, maintaining his calendar and ensure that the cases get through and some
[27:40.220 --> 27:47.820]  administrative stuff like that but his primary duty is to determine the facts in accordance
[27:47.820 --> 27:54.260]  with the rules of evidence, then apply the law as it comes to him to the facts in the
[27:54.260 --> 27:55.260]  case.
[27:55.260 --> 27:57.260]  That's his job.
[27:57.260 --> 28:02.180]  So if you go in there and tell him they did this wrong and they mistreated me and blah
[28:02.180 --> 28:10.380]  blah blah, you can make the most compelling arguments and he can agree with you.
[28:10.380 --> 28:18.220]  But if you haven't give him facts and law as it applies to those facts, he has no power
[28:18.220 --> 28:26.580]  to rule in your favor and we go into court and we tell them how horrible the police have
[28:26.580 --> 28:33.300]  been, they've rotten stuff they did but we don't give them facts and the law as it applies
[28:33.300 --> 28:41.300]  to those facts so we've given the judge nothing he can work with and he's not supposed to
[28:41.300 --> 28:45.580]  tell you that because he's not your lawyer.
[28:45.580 --> 28:54.820]  I once said as a judge in a mock trial and it was surprisingly difficult, listening to
[28:54.820 --> 29:01.180]  these two guys spouting a bunch of BS patriot mythology and I know this guy's going to go
[29:01.180 --> 29:08.900]  to jail and I can't tell him that that's patriot mythology.
[29:08.900 --> 29:17.540]  I've got to sit there and hope he gives me something I can rule on in his favor.
[29:17.540 --> 29:20.220]  He never did.
[29:20.220 --> 29:26.140]  He wound up going to prison, he did two mock trials and he pulled people off the street
[29:26.140 --> 29:32.940]  to sit as a mock jury and the mock juries found him guilty both times and the trial
[29:32.940 --> 29:37.180]  in Pennsylvania put him in jail for two years.
[29:37.180 --> 29:44.540]  You've got to give him facts and law, facts and law as it applies to those facts and these
[29:44.540 --> 29:50.500]  treatises and briefs will show you exactly how to do that, it's not hard at all.
[29:50.500 --> 29:58.420]  Randy Kelton, Brett Fountain, Rue de la Radio, a call in number 512-646-1984, we'll be right
[29:58.420 --> 29:59.420]  back.
[29:59.420 --> 30:06.300]  It's clear cell phones have changed the way we live and work but have they negatively
[30:06.300 --> 30:07.300]  affected our health?
[30:07.300 --> 30:11.460]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how
[30:11.460 --> 30:15.780]  cell phones may actually alter our brain chemistry.
[30:15.780 --> 30:17.380]  Privacy is under attack.
[30:17.380 --> 30:21.780]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:21.780 --> 30:25.740]  is gone, you'll find your freedoms will start to vanish too.
[30:25.740 --> 30:30.860]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.860 --> 30:33.520]  Privacy, it's worth hanging on to.
[30:33.520 --> 30:37.820]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.820 --> 30:41.340]  engine alternative to Google, Yahoo and Bing.
[30:41.340 --> 30:45.180]  Start over with Startpage.
[30:45.180 --> 30:49.380]  Cell phones emit radio frequency energy, it's a fact, but whether it's dangerous to have
[30:49.380 --> 30:52.700]  a phone beaming this kind of radiation near your head has been disputed.
[30:52.700 --> 30:57.660]  Some have blamed it for brain tumors while cell phone companies have downplayed concerns.
[30:57.660 --> 31:01.700]  Well now the Journal of the American Medical Association is confirming that cell phones
[31:01.700 --> 31:02.700]  affect brain chemistry.
[31:02.700 --> 31:08.300]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.300 --> 31:11.980]  to the cell phone antenna increases when the cell phone is on.
[31:11.980 --> 31:15.900]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.900 --> 31:16.900]  chances.
[31:16.900 --> 31:20.340]  I always keep the phone far from my body and I use a corded headset.
[31:20.340 --> 31:30.620]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.620 --> 31:31.620]  I lost my son.
[31:31.620 --> 31:32.620]  My nephew.
[31:32.620 --> 31:33.620]  My uncle.
[31:33.620 --> 31:34.620]  My son.
[31:34.620 --> 31:35.620]  On September 11, 2001.
[31:35.620 --> 31:38.900]  People don't know that a third tower fell on September 11.
[31:38.900 --> 31:42.940]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.940 --> 31:48.860]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.860 --> 31:52.580]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.580 --> 31:54.060]  Bring justice to my son.
[31:54.060 --> 31:55.060]  My uncle.
[31:55.060 --> 31:56.060]  My nephew.
[31:56.060 --> 31:57.060]  My son.
[31:57.060 --> 31:58.060]  Go to buildingwatch.org.
[31:58.060 --> 32:01.820]  Why it fell, why it matters, and what you can do.
[32:01.820 --> 32:06.220]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.220 --> 32:07.220]  Word?
[32:07.220 --> 32:11.900]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:11.900 --> 32:16.940]  Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[32:16.940 --> 32:17.940]  2.15.
[32:17.940 --> 32:23.260]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.260 --> 32:25.660]  dividing the word of truth.
[32:25.660 --> 32:29.660]  Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse
[32:29.660 --> 32:32.980]  by verse and discuss the true Gospel message.
[32:32.980 --> 32:37.620]  Our second-hour topical studies will vary each week with discussions on sound doctrine
[32:37.620 --> 32:40.020]  and Christian character development.
[32:40.020 --> 32:44.540]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.540 --> 32:48.900]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.900 --> 32:50.380]  of our Lord and Savior Jesus.
[32:50.380 --> 32:57.780]  So tune in to Scripture Talk live on LogosRadioNetwork.com, Wednesdays from 8 to 10 p.m. to inspire and
[32:57.780 --> 33:01.140]  motivate your studies of the Scriptures.
[33:01.140 --> 33:09.220]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:09.220 --> 33:28.700]  Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them.
[33:28.700 --> 33:31.700]  Okay.
[33:31.700 --> 33:49.220]  We are back, Randy Kelton, Brett Fountain, and Rue La Blah Radio, and we're talking to
[33:49.220 --> 33:52.820]  Barrett in Arizona.
[33:52.820 --> 34:01.620]  So what has been happening lately, why did you call in?
[34:01.620 --> 34:09.740]  Um, this case has taken so long to go through that I no longer can sue the police officer
[34:09.740 --> 34:12.260]  because the statute of limitations has expired.
[34:12.260 --> 34:15.260]  It's a year, isn't it?
[34:15.260 --> 34:17.260]  No, it hasn't.
[34:17.260 --> 34:19.980]  Statute of limitations hasn't even started yet.
[34:19.980 --> 34:20.980]  Why?
[34:20.980 --> 34:28.740]  As long as, until the case is over, the statute of limitations for his behavior hasn't started.
[34:28.740 --> 34:29.740]  Oh, good.
[34:29.740 --> 34:32.060]  So I still have a whole year?
[34:32.060 --> 34:34.060]  Yeah, more than that.
[34:34.060 --> 34:36.860]  They hadn't ended the case yet.
[34:36.860 --> 34:39.860]  So go ahead and sue him.
[34:39.860 --> 34:42.380]  So after, okay, let me see if I got this straight.
[34:42.380 --> 34:46.180]  So when I go to court, I intend on winning this trial.
[34:46.180 --> 34:50.060]  I intend on winning it because I have so much evidence against this cop.
[34:50.060 --> 34:51.060]  It's pathetic.
[34:51.060 --> 34:53.060]  But, um, so-
[34:53.060 --> 34:57.820]  Okay, evidence is not enough.
[34:57.820 --> 35:05.860]  You have to have law, or I'm sorry, you have to have facts and law as it applies to those
[35:05.860 --> 35:06.860]  facts.
[35:06.860 --> 35:08.820]  I know I need to step up.
[35:08.820 --> 35:09.820]  I know that.
[35:09.820 --> 35:15.100]  Yeah, you can't just say the dirty rotten scoundrel did this and that and the other.
[35:15.100 --> 35:19.940]  You need to pull some, have you read any case law?
[35:19.940 --> 35:20.940]  I haven't.
[35:20.940 --> 35:24.140]  I need to know where to find that where I could find stuff like that.
[35:24.140 --> 35:25.140]  Okay.
[35:25.140 --> 35:31.580]  And in that case, what you need to do is take the phone and beat yourself around the eyes
[35:31.580 --> 35:35.540]  and the ears and knock some sense into yourself.
[35:35.540 --> 35:37.980]  Go read some cases.
[35:37.980 --> 35:40.580]  You will find they're very interesting.
[35:40.580 --> 35:42.940]  They tell great stories.
[35:42.940 --> 35:43.940]  One of my favorite ones.
[35:43.940 --> 35:46.940]  He's saying he doesn't know.
[35:46.940 --> 35:49.660]  Oh, go ahead.
[35:49.660 --> 35:50.660]  Go ahead.
[35:50.660 --> 35:51.660]  I wasn't listening to you, Barrett.
[35:51.660 --> 35:54.140]  You said you don't know how to find them?
[35:54.140 --> 35:55.580]  He doesn't know where to look for him.
[35:55.580 --> 35:59.660]  He doesn't know how to, how to pull them up.
[35:59.660 --> 36:14.220]  Just go in and type G-O-O-G-L-E Google, just go on Google and put in a false arrest, put
[36:14.220 --> 36:18.780]  in whatever your issue is.
[36:18.780 --> 36:22.340]  This is the 21st century.
[36:22.340 --> 36:25.580]  I forget that sometimes.
[36:25.580 --> 36:29.700]  Sometimes I sit around and, okay, how am I going to find this information?
[36:29.700 --> 36:32.460]  And that's because I'm old school.
[36:32.460 --> 36:43.460]  You know, I was around, I was taking programming courses when there were no desktop computers.
[36:43.460 --> 36:46.620]  The fact that when they're, when they invented the zeros and the ones.
[36:46.620 --> 36:47.620]  Yeah.
[36:47.620 --> 36:49.620]  I think that they were all in black and white.
[36:49.620 --> 36:50.620]  Yes.
[36:50.620 --> 36:56.700]  And he wrote in machine language that no human being could understand.
[36:56.700 --> 37:01.740]  And with all these advancements, I sometimes forget that everything I need is right there
[37:01.740 --> 37:09.140]  on Google and AI is, has infiltrated Google big time.
[37:09.140 --> 37:17.940]  Most people use Google and they don't realize how much of that is AI.
[37:17.940 --> 37:24.940]  When the internet first started, the, in order to be effective on the internet, you had to
[37:24.940 --> 37:30.740]  understand how to craft your queries.
[37:30.740 --> 37:35.980]  You had to craft them very carefully to find the information you need.
[37:35.980 --> 37:36.980]  You don't anymore.
[37:36.980 --> 37:41.740]  They speak English better than speaking English.
[37:41.740 --> 37:45.820]  They understand English.
[37:45.820 --> 37:56.060]  You can ask Google a question just like you can ask me and Google will give you good answers.
[37:56.060 --> 38:08.460]  So just go on Google and say Arizona traffic ticket limitations and that'll give you good
[38:08.460 --> 38:21.060]  hits and case law maybe or Arizona traffic ticket, treatise and briefs.
[38:21.060 --> 38:27.140]  It will go, it will understand the sentence that you're telling it.
[38:27.140 --> 38:33.420]  Like a human being would and go find your briefs and treatises.
[38:33.420 --> 38:37.980]  You may have to go through a few and it's good to go through a few.
[38:37.980 --> 38:42.900]  Because you'll read some and this one's off point, you'll read the next one and this one's
[38:42.900 --> 38:43.900]  off point.
[38:43.900 --> 38:51.940]  But while you're reading these, you'll begin to see that they're all talking about essentially
[38:51.940 --> 38:54.780]  the same things.
[38:54.780 --> 38:59.380]  That most of what you're seeing is the same and then there's some variations.
[38:59.380 --> 39:08.380]  By reading several different cases or treatises or briefs, you will very quickly get a good
[39:08.380 --> 39:12.020]  handle on all the basics.
[39:12.020 --> 39:22.020]  So there, just go to Google, do a search for Arizona traffic ticket defense and you can
[39:22.020 --> 39:30.780]  qualify that by Arizona traffic ticket defense speedy trial and it'll go find you stuff right
[39:30.780 --> 39:31.780]  on point.
[39:31.780 --> 39:34.780]  Does that make sense, Brett?
[39:34.780 --> 39:38.140]  Yes, yes it does.
[39:38.140 --> 39:45.220]  If that doesn't work, just go out into the street and flag down the first 10-year-old
[39:45.220 --> 39:54.900]  man you see and have him explain to you that this is the 21st century you old buzzard.
[39:54.900 --> 39:57.780]  I have to do this on a regular basis.
[39:57.780 --> 40:04.180]  I was in the Walmart and this woman was pushing a cart and had this little baby that couldn't
[40:04.180 --> 40:11.020]  have been over a year and a half, maybe two years old and was sitting hunched over with
[40:11.020 --> 40:17.700]  a cell phone in her lap just punching away and I stopped the woman and said, ma'am, I
[40:17.700 --> 40:21.500]  got this new cell phone and I can't figure out how it works.
[40:21.500 --> 40:25.780]  Will you have her show me how this works?
[40:25.780 --> 40:31.020]  She assured me that the little girl could.
[40:31.020 --> 40:36.660]  So if you can't figure it out, ask one of the kids, they'll explain it to you.
[40:36.660 --> 40:39.860]  Okay, do you have any other questions?
[40:39.860 --> 40:45.820]  Yeah, I just want to make sure that I have this straight at the judge because I've got
[40:45.820 --> 40:55.660]  the motion to dismiss paperwork to send in to the court where I'm being tried at and
[40:55.660 --> 41:04.820]  I'm going to say the arrest date and all the details and how long it's been going on and
[41:04.820 --> 41:08.420]  that I'd like this to be dismissed.
[41:08.420 --> 41:14.460]  Okay, okay, I'm hearing something that I'm not liking to hear.
[41:14.460 --> 41:16.140]  Okay.
[41:16.140 --> 41:24.020]  You're still old school and you're thinking in terms of talking to the court and telling
[41:24.020 --> 41:26.060]  the court what you want them to know.
[41:26.060 --> 41:29.420]  Stop thinking in those terms.
[41:29.420 --> 41:34.620]  You might want to put a piece of tape across your mouth when you go into the court so you
[41:34.620 --> 41:36.420]  don't open your mouth.
[41:36.420 --> 41:42.340]  If you know you're going to go into the court and you can't open your mouth, everything
[41:42.340 --> 41:47.340]  you need before the court must be in your documentation.
[41:47.340 --> 41:52.500]  You mean it's not all going to unfold like Perry Mason and you can just keep on explaining
[41:52.500 --> 41:54.500]  whatever you want?
[41:54.500 --> 41:57.740]  Absolutely not.
[41:57.740 --> 42:04.900]  You need it in the paperwork and I counsel people when you go into court, do not argue
[42:04.900 --> 42:07.860]  your issues.
[42:07.860 --> 42:12.020]  You are out of your league.
[42:12.020 --> 42:17.780]  All you're going to do by opening your mouth is give the prosecutor tools he can use to
[42:17.780 --> 42:19.300]  beat you up with.
[42:19.300 --> 42:20.300]  Yes.
[42:20.300 --> 42:28.700]  Put all of your facts and law in your documents and when the judge asks you to argue your
[42:28.700 --> 42:35.900]  issues to him, I stand on my documentation and we've had judges say, well, if you don't
[42:35.900 --> 42:38.500]  argue your issue, I'm going to rule against you.
[42:38.500 --> 42:43.980]  Then you tell the judge, I don't really care how you rule, Judge.
[42:43.980 --> 42:48.340]  I'm just here to get the facts and law on the record so you just do anything you want
[42:48.340 --> 42:49.340]  to.
[42:49.340 --> 42:52.860]  It won't hurt my feelings.
[42:52.860 --> 42:53.860]  That'll hurt his feelings.
[42:53.860 --> 42:54.860]  Yes.
[42:54.860 --> 42:55.860]  It will.
[42:55.860 --> 43:04.420]  But if he can get you to argue your issues, he will clobber you and never, ever go to
[43:04.420 --> 43:07.980]  the merits.
[43:07.980 --> 43:13.700]  I wasn't driving too fast, the sign, I was, I couldn't see the sign, the sign didn't
[43:13.700 --> 43:16.220]  apply to me, blah, blah, blah.
[43:16.220 --> 43:17.220]  Don't go there.
[43:17.220 --> 43:21.220]  Yeah, that's the last place.
[43:21.220 --> 43:29.140]  Because when you get to the merits, it essentially goes to the discretion of the court.
[43:29.140 --> 43:31.700]  You want to go to jurisdiction.
[43:31.700 --> 43:35.700]  You want to go to speedy trial.
[43:35.700 --> 43:39.420]  Don't go to what happened when you got the ticket, but they'll rule against you every
[43:39.420 --> 43:42.380]  time and you won't have much of a fight against them.
[43:42.380 --> 43:44.380]  Does that make sense?
[43:44.380 --> 43:45.380]  Yes.
[43:45.380 --> 43:46.380]  Okay.
[43:46.380 --> 43:47.380]  Hang on.
[43:47.380 --> 43:52.220]  We're about to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio,
[43:52.220 --> 43:59.580]  our call in number, 512-646-1984, we got some space on the board, so give us a call, we'll
[43:59.580 --> 44:00.580]  be right.
[44:00.580 --> 44:05.340]  Through advances in technology, our lives have greatly improved, except in the area
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[44:46.180 --> 44:47.180]  quality radio.
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[45:39.340 --> 45:43.620]  principles and practices that control our American courts.
[45:43.620 --> 45:49.860]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.860 --> 45:52.060]  pro se tactics, and much more.
[45:52.060 --> 46:09.980]  Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ.
[46:09.980 --> 46:25.900]  Oh, oh, oh, oh.
[46:25.900 --> 46:26.940]  Oh, oh, oh, oh.
[46:26.940 --> 46:28.140]  Oh, oh, oh, oh.
[46:28.140 --> 46:30.180]  Always, I must be careful what I'm wishing for.
[46:30.180 --> 46:36.420]  When I'm hungry, I like to do just what I'm fishing for.
[46:36.420 --> 46:40.420]  Before much I ain't trying to be no glutton
[46:41.420 --> 46:45.420]  I'm just here making my living pushing buttons
[46:47.420 --> 46:52.420]  I give my message out to anyone who's shouting distance
[46:52.420 --> 46:58.420]  I vote for bravery and against slavery showing persistence
[46:58.420 --> 47:03.420]  First I'm crawling, then I'm walking, then I start strutting
[47:03.420 --> 47:08.420]  I'm just so glad to make my living pushing buttons
[47:08.420 --> 47:21.420]  Whoa, whoa, whoa, whoa, yeah
[47:21.420 --> 47:26.420]  We sat down to play Monopoly, we all wanted to win the game
[47:26.420 --> 47:30.420]  Okay, we are back. Randy Kelton, Brett Fountain, Rubello Radio.
[47:30.420 --> 47:33.420]  And Barrett, you've been calling in for a while
[47:33.420 --> 47:39.420]  And we've been telling you to go read the codes for a while
[47:39.420 --> 47:42.420]  And you haven't read the codes
[47:42.420 --> 47:47.420]  Well, where I'm located at, I have very bad reception for internet out here
[47:47.420 --> 47:49.420]  And it's just really hard to get a connection out here
[47:49.420 --> 47:54.420]  And then I don't have a car anymore because they stole that
[47:54.420 --> 48:00.420]  Blah, blah, blah, yeah, we've heard all those stories
[48:00.420 --> 48:05.420]  You can find more reasons for not doing what you need to do
[48:05.420 --> 48:09.420]  Than I can keep up with
[48:09.420 --> 48:13.420]  If it's easy, do it easy, if it's hard, do it hard
[48:13.420 --> 48:15.420]  You need to get this done
[48:15.420 --> 48:22.420]  And I assure you, when you sit down and start going into these codes
[48:22.420 --> 48:27.420]  And looking at the law, very quickly it will become clear to you
[48:27.420 --> 48:32.420]  That you have a lot more remedy than you can imagine
[48:32.420 --> 48:34.420]  You'll be able to take these guys on
[48:34.420 --> 48:39.420]  But you won't be able to do it unless you get focused
[48:39.420 --> 48:42.420]  Right, right, right, I know
[48:42.420 --> 48:45.420]  It don't make any difference how hard it is
[48:45.420 --> 48:48.420]  If you don't have good reception, go somewhere where they do it
[48:48.420 --> 48:51.420]  Go find a library
[48:51.420 --> 48:55.420]  I can do that, there's a library about 10 miles away from here
[48:55.420 --> 48:59.420]  I bought a Black's Law Dictionary, sixth edition
[48:59.420 --> 49:01.420]  I just ordered it like three weeks ago
[49:01.420 --> 49:04.420]  And it should be here in like two days, three days
[49:04.420 --> 49:07.420]  Waste of money, waste of money
[49:07.420 --> 49:08.420]  Really?
[49:08.420 --> 49:12.420]  Yeah, I never bothered with dictionaries
[49:12.420 --> 49:19.420]  Anything you need a definition for, you can do that on the web very quickly
[49:19.420 --> 49:27.420]  Black's Law, I think after the fifth edition they stopped putting in case law
[49:27.420 --> 49:33.420]  Without case law, those definitions are essentially meaningless
[49:33.420 --> 49:36.420]  What you need is case law
[49:36.420 --> 49:39.420]  There's no case law in sixth?
[49:39.420 --> 49:43.420]  Not in Black's, there's nothing in there
[49:43.420 --> 49:46.420]  So I should have bought a fifth or something, you think?
[49:46.420 --> 49:52.420]  I just read recently that after the fifth edition they stopped putting in case law
[49:52.420 --> 49:54.420]  Yeah, at some point they stopped
[49:54.420 --> 49:57.420]  But you can get them all online anyway
[49:57.420 --> 50:01.420]  Without case law it's meaningless, I never mess with those dictionaries
[50:01.420 --> 50:07.420]  I go online, just whatever word I want, definition, whatever word, boom, pops right up
[50:07.420 --> 50:13.420]  And if I need case law I can do the word, definition, case law
[50:13.420 --> 50:19.420]  And give me case law, these things are smart
[50:19.420 --> 50:26.420]  AI is really smart, you learn to use it, you need to be smarter than the computers
[50:26.420 --> 50:29.420]  Don't let them get smarter than you
[50:29.420 --> 50:36.420]  Go find this library, generally have pretty girls work in the library, that makes it worth getting there
[50:36.420 --> 50:41.420]  If you don't do that you don't have a chance of winning your case
[50:41.420 --> 50:44.420]  Right, right, I know, I know what I gotta
[50:44.420 --> 50:48.420]  Wait a second, how does this pretty girls have anything to do with winning this case?
[50:48.420 --> 50:55.420]  Motivation, if you gotta walk ten miles to the library
[50:55.420 --> 50:59.420]  You need some motivation
[50:59.420 --> 51:02.420]  Okay, thank you Barrett
[51:02.420 --> 51:08.420]  Let us know how this goes, call us back so we can talk about case law
[51:08.420 --> 51:11.420]  Okay, alright, bye bye
[51:11.420 --> 51:16.420]  Okay, thank you Barrett, now we're gonna go to what appears to be a first time caller
[51:16.420 --> 51:25.420]  If you're in the 760 area code, that should be somewhere around San Diego
[51:25.420 --> 51:32.420]  Talk to us
[51:32.420 --> 51:36.420]  We're getting some clicking but we're not getting any sound
[51:36.420 --> 51:43.420]  If you're hearing us, if you're on a Bluetooth or a hands free device, turn that off
[51:43.420 --> 51:47.420]  Hello in 760
[51:47.420 --> 51:49.420]  That's me, 860
[51:49.420 --> 51:50.420]  Alright
[51:50.420 --> 51:52.420]  Okay, give us a first name
[51:52.420 --> 51:55.420]  My name's Ray
[51:55.420 --> 51:57.420]  Wait, say that again, Grace
[51:57.420 --> 52:00.420]  My name is Ray, R-A-E
[52:00.420 --> 52:02.420]  Hi Ray, thanks for calling
[52:02.420 --> 52:09.420]  Hi, so I have a landlord tenant problem that has been going on for quite some time
[52:09.420 --> 52:13.420]  I pay my rent ahead, about a month or two ahead of time usually
[52:13.420 --> 52:17.420]  I bought a mobile home and I am renting the space
[52:17.420 --> 52:21.420]  And for some reason the owner decided that she wanted my mobile home I guess
[52:21.420 --> 52:27.420]  Because she, this happened in December, I was paid through the end of December
[52:27.420 --> 52:34.420]  My next payment was due in January 1st and on the 10th of, I guess it was the 9th of December
[52:34.420 --> 52:42.420]  A friend of mine stopped by and wondered why I hadn't asked for help paying the rent
[52:42.420 --> 52:46.420]  Well, because I wasn't having a problem paying the rent
[52:46.420 --> 52:53.420]  But she had called him and said, told him that I hadn't been paying the rent
[52:53.420 --> 52:59.420]  It was several months past due and water charges and she needed a payment now
[52:59.420 --> 53:01.420]  Or I was going to be evicted
[53:01.420 --> 53:04.420]  Whoa, I hope you have receipts
[53:04.420 --> 53:13.420]  Yes, so I ran down to the bank and I pulled out more money thinking that she was being honorable
[53:13.420 --> 53:17.420]  Maybe there was a mistake and that she would straighten it out as soon as we got it
[53:17.420 --> 53:21.420]  Well, I got back and she refused to take, it was a cashier's check from the bank
[53:21.420 --> 53:23.420]  Not a personal check, cashier's check
[53:23.420 --> 53:28.420]  She refused to take that and she wanted my friend to pay cash
[53:28.420 --> 53:32.420]  So he stepped up and he paid the cash and we had to fight for a receipt
[53:32.420 --> 53:38.420]  And it was a generic blank receipt that's barely readable but it's a receipt and I have that now
[53:38.420 --> 53:41.420]  And he paid that and brought it current
[53:41.420 --> 53:42.420]  Well, a couple of weeks
[53:42.420 --> 53:45.420]  Okay, hold on, we need to step back
[53:45.420 --> 53:49.420]  Do you have a rental agreement?
[53:49.420 --> 53:57.420]  It was a six month, I moved in in 2018 and the rental agreement at the top says less than six months
[53:57.420 --> 54:05.420]  And in the agreement it says that at the end of that time if they haven't negotiated a longer one
[54:05.420 --> 54:08.420]  That it would just go to a month to month lease
[54:08.420 --> 54:16.420]  So you have a written agreement and you had a time limit and after that it went to month to month
[54:16.420 --> 54:20.420]  So that written agreement's still in place
[54:20.420 --> 54:21.420]  Yes
[54:21.420 --> 54:27.420]  What does the written agreement say about how you pay your rent?
[54:27.420 --> 54:31.420]  What do you mean how I pay it? It's supposed to be by the fifth
[54:31.420 --> 54:35.420]  Does it stipulate cash?
[54:35.420 --> 54:37.420]  No
[54:37.420 --> 54:40.420]  Have they accepted something other than cash?
[54:40.420 --> 54:42.420]  Yes
[54:42.420 --> 54:55.420]  Then file a claim against her in a small claims court for harassment, for emotional distress
[54:55.420 --> 54:57.420]  Get her attention
[54:57.420 --> 54:58.420]  So I
[54:58.420 --> 55:01.420]  Wait, wait, no, I shouldn't say that, hold on
[55:01.420 --> 55:03.420]  Can I finish a little more?
[55:03.420 --> 55:07.420]  Wait, do you know what's going on with this person?
[55:07.420 --> 55:10.420]  Like, what do you mean?
[55:10.420 --> 55:18.420]  During this interim, four years you've been paying rent, have you had any problem with this person?
[55:18.420 --> 55:23.420]  No, she's barely here, the manager was here, the managers were great
[55:23.420 --> 55:29.420]  And then they retired because they didn't like her business feelings and they wouldn't elaborate on it
[55:29.420 --> 55:32.420]  So they gave it to somebody else who is managing now
[55:32.420 --> 55:37.420]  And I had a problem with that person because I wouldn't go out with them
[55:37.420 --> 55:47.420]  I didn't, I didn't want to date and then next thing I knew they were, he was traipsed in through my, between our trailers by mine
[55:47.420 --> 55:55.420]  And stuff was getting knocked against the wall, you know, waking me up at night and two o'clock in the morning and stuff like that
[55:55.420 --> 56:00.420]  Okay, then that explains things better
[56:00.420 --> 56:03.420]  But there's even more
[56:03.420 --> 56:08.420]  That gives us a whole different perspective, you might try filing
[56:08.420 --> 56:13.420]  Okay, so this guy works for the company that owns the park?
[56:13.420 --> 56:25.420]  Well, he's the, supposedly he's the manager and my understanding was, what he told me was that in return for his management he doesn't pay rent
[56:25.420 --> 56:34.420]  Okay, sue whoever, send a tort letter to whoever owns the property
[56:34.420 --> 56:39.420]  Accused this guy of sexual harassment
[56:39.420 --> 56:47.420]  Now, you don't sue him, what I'm saying is you're, you know, we show people how to fight these guys
[56:47.420 --> 56:55.420]  But it may well be that the owner of this property doesn't know what's going on here
[56:55.420 --> 56:59.420]  No, she knows, she knows, they sent me
[56:59.420 --> 57:02.420]  Then send her a tort letter
[57:02.420 --> 57:10.420]  And then, and then she called an attorney after when I replied to the three day notice, I just asked
[57:10.420 --> 57:13.420]  Wait a minute, wait a minute, three day notice?
[57:13.420 --> 57:18.420]  She gave me a three day notice to pay her, pay her quit, even though I was already paid up
[57:18.420 --> 57:28.420]  So I responded with a debt verification, a request, you know, show me where, you know, this is valid
[57:28.420 --> 57:31.420]  But she doesn't have, she's never responded
[57:31.420 --> 57:37.420]  Okay, in that case I suggest you go to the local justice of the PDC small claims court
[57:37.420 --> 57:48.420]  And file a harassment claim against them and ask for whatever the maximum the local court can handle
[57:48.420 --> 57:53.420]  So it is, I'm correct in thinking that this is all about harassment
[57:53.420 --> 57:54.420]  Yes
[57:54.420 --> 58:01.420]  So it's escalated now, today I just got a summons in there
[58:01.420 --> 58:09.420]  She did the three day notice with one amount and then she did a fifteen day notice with a completely different amount
[58:09.420 --> 58:12.420]  And completely different dates on there for the amount
[58:12.420 --> 58:17.420]  But she still never provided me any kind of verification so that I could check
[58:17.420 --> 58:23.420]  Okay, hold on, we need to get a little more clarification when we get back on the other side
[58:23.420 --> 58:30.420]  It appears as though she, she had a lawyer send you this?
[58:30.420 --> 58:40.420]  Well, she sent me the three day notice and I responded with asking for, asking for the, you know, copies of the records so that I could see exactly
[58:40.420 --> 58:44.420]  Okay, hang on, hang on, we're about to go to our sponsors, we'll pick this up on the other side
[58:44.420 --> 58:49.420]  Randy Kelton, Brett Fountain, we'll be right back
[58:49.420 --> 58:53.420]  Would you like to make more definite progress in your walk with God?
[58:53.420 --> 59:00.420]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:00.420 --> 59:05.420]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today
[59:05.420 --> 59:12.420]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life
[59:12.420 --> 59:17.420]  The free books are a three volume set called Basic Elements of the Christian Life
[59:17.420 --> 59:23.420]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
[59:23.420 --> 59:27.420]  Growing in Christ and how to build up the church
[59:27.420 --> 59:33.420]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life
[59:33.420 --> 59:40.420]  Call Bibles for America toll free at 888-551-0102
[59:40.420 --> 59:44.420]  That's 888-551-0102
[59:44.420 --> 59:49.420]  Or visit us online at bfa.org
[01:00:01.420 --> 01:00:05.420]  The Bill of Rights contains the first ten amendments of our Constitution
[01:00:05.420 --> 01:00:08.420]  They guarantee the specific freedoms Americans should know and protect
[01:00:08.420 --> 01:00:10.420]  Our liberty depends on it
[01:00:10.420 --> 01:00:16.420]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:00:16.420 --> 01:00:18.420]  Privacy is under attack
[01:00:18.420 --> 01:00:22.420]  When you give up data about yourself you'll never get it back again
[01:00:22.420 --> 01:00:27.420]  And once your privacy is gone you'll find your freedoms will start to vanish too
[01:00:27.420 --> 01:00:32.420]  So protect your rights, say no to surveillance and keep your information to yourself
[01:00:32.420 --> 01:00:34.420]  Privacy, it's worth hanging on to
[01:00:34.420 --> 01:00:42.420]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing
[01:00:42.420 --> 01:00:45.420]  Start over with Startpage
[01:00:45.420 --> 01:00:48.420]  Imagine your mom and dad are getting ready for bed
[01:00:48.420 --> 01:00:51.420]  They pull back the covers and find a third party there
[01:00:51.420 --> 01:00:54.420]  He announces, I'm with the military and I'm sleeping here tonight
[01:00:54.420 --> 01:01:00.420]  That shocking image of a third party in my parents' bed reminds me what the third amendment was designed to prevent
[01:01:00.420 --> 01:01:06.420]  It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers
[01:01:06.420 --> 01:01:09.420]  Third party, third amendment, get it?
[01:01:09.420 --> 01:01:12.420]  So if you answer a knock at your door and guys in fatigues demand lodging
[01:01:12.420 --> 01:01:17.420]  Tell them to dust off their copy of the Bill of Rights and re-read the third amendment
[01:01:17.420 --> 01:01:31.420]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:01:31.420 --> 01:01:35.420]  The Bill of Rights contains the first ten amendments of our Constitution
[01:01:35.420 --> 01:01:38.420]  They guarantee the specific freedoms Americans should know and protect
[01:01:38.420 --> 01:01:40.420]  Our liberty depends on it
[01:01:40.420 --> 01:01:46.420]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights
[01:01:46.420 --> 01:01:48.420]  Privacy is under attack
[01:01:48.420 --> 01:01:52.420]  When you give up data about yourself, you'll never get it back again
[01:01:52.420 --> 01:01:57.420]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:01:57.420 --> 01:02:02.420]  So protect your rights, say no to surveillance and keep your information to yourself
[01:02:02.420 --> 01:02:04.420]  Privacy, it's worth hanging on to
[01:02:04.420 --> 01:02:08.420]  This public service announcement is brought to you by Startpage.com
[01:02:08.420 --> 01:02:12.420]  The private search engine alternative to Google, Yahoo and Bing
[01:02:12.420 --> 01:02:16.420]  Start over with Startpage
[01:02:16.420 --> 01:02:21.420]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles
[01:02:21.420 --> 01:02:27.420]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure
[01:02:27.420 --> 01:02:30.420]  Fourth Amendment, four eyes staring at you, get it?
[01:02:30.420 --> 01:02:35.420]  Unfortunately, the government is trampling our Fourth Amendment rights in the name of security
[01:02:35.420 --> 01:02:39.420]  Case in point, TSA airport scanners that peer under your clothing
[01:02:39.420 --> 01:02:43.420]  When government employees demand a peep at your privates without probable cause
[01:02:43.420 --> 01:02:46.420]  I say it's time to sound the constitutional alarm bells
[01:02:46.420 --> 01:02:50.420]  Join me in asking our representatives to dust off the Bill of Rights
[01:02:50.420 --> 01:02:53.420]  And use their googly eyes to take a gander at the Fourth
[01:02:53.420 --> 01:03:10.420]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:03:23.420 --> 01:03:31.420]  I won't pay for the war with my body
[01:03:31.420 --> 01:03:34.420]  Ain't gonna pay for the car with my money
[01:03:34.420 --> 01:03:38.420]  I won't pay for the fun with my body
[01:03:38.420 --> 01:03:41.420]  That man's wicked and their logic's shoddy
[01:03:41.420 --> 01:03:43.420]  Okay, we are back
[01:03:43.420 --> 01:03:51.420]  Randy Kelton, Brett Fountain, Rue La La Radio on this, the 15th day of April, 2022
[01:03:51.420 --> 01:03:58.420]  This is our four hour info marathon and we're one hour in, so we've got plenty of time
[01:03:58.420 --> 01:04:02.420]  If you have a, we've got a couple of empty spaces on the call board
[01:04:02.420 --> 01:04:05.420]  So if you have a question or comment, give us a call
[01:04:05.420 --> 01:04:11.420]  We are talking to Ray in California
[01:04:11.420 --> 01:04:15.420]  And I'm gonna shut up
[01:04:15.420 --> 01:04:19.420]  I was listening to the story and the pieces weren't fitting together right
[01:04:19.420 --> 01:04:24.420]  So, give us the whole story so that all this fits together
[01:04:24.420 --> 01:04:28.420]  And we'll understand where you're at and I'll keep my mouth shut
[01:04:28.420 --> 01:04:29.420]  Okay, I will
[01:04:29.420 --> 01:04:30.420]  Maybe
[01:04:30.420 --> 01:04:33.420]  I'll try to make it short
[01:04:33.420 --> 01:04:39.420]  Started in December, my rent was paid through the end of December
[01:04:39.420 --> 01:04:40.420]  Oops
[01:04:40.420 --> 01:04:43.420]  If there was any problem
[01:04:43.420 --> 01:04:45.420]  A verbal three-day notice
[01:04:45.420 --> 01:04:49.420]  It was cured by my friend in cash
[01:04:49.420 --> 01:04:56.420]  My check was, that I had offered her was refused
[01:04:56.420 --> 01:05:02.420]  And then in January, I, when we got the receipt
[01:05:02.420 --> 01:05:06.420]  The agreement with her, with my friend was that
[01:05:06.420 --> 01:05:10.420]  When the error was corrected and we showed her where the error was
[01:05:10.420 --> 01:05:12.420]  The proof that I had paid everything
[01:05:12.420 --> 01:05:19.420]  That the cash that he had given her would be applied to January's rent
[01:05:19.420 --> 01:05:25.420]  So I was paid with my rent at that point till the end of January
[01:05:25.420 --> 01:05:30.420]  Well, in January, they issued a three-day notice to pay her quick
[01:05:30.420 --> 01:05:36.420]  Didn't give me any, they didn't ledger anything, any kind of the payment in December
[01:05:36.420 --> 01:05:42.420]  It said all of, for November and December and for January, I hadn't paid
[01:05:42.420 --> 01:05:49.420]  So in February, well, in the middle of January after that
[01:05:49.420 --> 01:05:53.420]  This manager, his name is Guy
[01:05:53.420 --> 01:05:57.420]  He said that they had received a check that I had sent in
[01:05:57.420 --> 01:05:59.420]  Oh, we finally got your check
[01:05:59.420 --> 01:06:02.420]  Well, that was a separate check that I had sent in from November
[01:06:02.420 --> 01:06:05.420]  It was actually a money order
[01:06:05.420 --> 01:06:10.420]  And I had told her that I was going to do an accepted for value
[01:06:10.420 --> 01:06:17.420]  And get the negotiable instruments that way through the IRS and sent it
[01:06:17.420 --> 01:06:20.420]  So he confirmed that he had, that they had received it
[01:06:20.420 --> 01:06:24.420]  He didn't receive it, but the girl who was doing, who had taken over the records had received it
[01:06:24.420 --> 01:06:26.420]  But they didn't give me a receipt
[01:06:26.420 --> 01:06:31.420]  He sent me to talk to the owner at the other end of the park
[01:06:31.420 --> 01:06:36.420]  And the next day when we went in there, she said, oh, well, it didn't come from you
[01:06:36.420 --> 01:06:39.420]  So you don't get credit for it
[01:06:39.420 --> 01:06:41.420]  So, but she didn't return it
[01:06:41.420 --> 01:06:42.420]  It was, it was
[01:06:42.420 --> 01:06:43.420]  Wait, what?
[01:06:43.420 --> 01:06:44.420]  Yes
[01:06:44.420 --> 01:06:47.420]  Didn't come from you so you don't get credit for it?
[01:06:47.420 --> 01:06:50.420]  Right. That's what she said
[01:06:50.420 --> 01:06:51.420]  A gift
[01:06:51.420 --> 01:06:52.420]  Oh, nice
[01:06:52.420 --> 01:06:54.420]  They didn't, yeah, they didn't give me credit for that
[01:06:54.420 --> 01:06:59.420]  So I did, I responded with a conditional acceptance
[01:06:59.420 --> 01:07:04.420]  I had learned about that with the, you probably know what I'm talking about
[01:07:04.420 --> 01:07:07.420]  I responded with that process and I went through the conditional acceptance
[01:07:07.420 --> 01:07:10.420]  And a notice of fault and then the notice of default
[01:07:10.420 --> 01:07:15.420]  I get no response at all, you know, that everything was notarized
[01:07:15.420 --> 01:07:20.420]  I did an affidavit that the notaries out here don't do the process service
[01:07:20.420 --> 01:07:23.420]  They, or the, they don't, they don't serve it for you
[01:07:23.420 --> 01:07:26.420]  They just will notarize another affidavit
[01:07:26.420 --> 01:07:32.420]  So I had a third-party witness that everything was mailed and that nothing was received when we used her address
[01:07:32.420 --> 01:07:37.420]  Somebody completely unrelated, nothing was ever received back or acknowledged from them
[01:07:37.420 --> 01:07:46.420]  Then I had an attorney post, have a letter posted, a 15-day notice
[01:07:46.420 --> 01:07:50.420]  Wait, it was a, it was a three-day notice that was left at my door
[01:07:50.420 --> 01:07:52.420]  And then the 15-day notice was left at my door
[01:07:52.420 --> 01:07:56.420]  And then I responded with both of those
[01:07:56.420 --> 01:08:02.420]  I was advised to, to ask for a debt verification on each one of those
[01:08:02.420 --> 01:08:08.420]  You know, under penalty of perjury, just let it be a legitimate, you know, debt
[01:08:08.420 --> 01:08:11.420]  Showing that I haven't paid it
[01:08:11.420 --> 01:08:15.420]  Because I have the best payments and everything showing that they are paid
[01:08:15.420 --> 01:08:20.420]  Well now today I have a, a summons, it's an unlawful detainer for the eviction
[01:08:20.420 --> 01:08:22.420]  But it's not from the owner
[01:08:22.420 --> 01:08:27.420]  This one shows the plaintiff as the manager of the park, but the same attorney
[01:08:27.420 --> 01:08:30.420]  So I don't, I don't know if that matters or is that different?
[01:08:30.420 --> 01:08:36.420]  Don't they have to start over or are, can they just play a shell game with whoever is going to be the plaintiff in this?
[01:08:36.420 --> 01:08:46.420]  Yeah, yeah, if the manager has power of attorney for the owner, yeah, he can stand in
[01:08:46.420 --> 01:08:49.420]  But he has to have power of attorney for her?
[01:08:49.420 --> 01:08:50.420]  Yes
[01:08:50.420 --> 01:08:52.420]  The attorney has the power of attorney, right?
[01:08:52.420 --> 01:08:54.420]  Yeah, but that, that's a secondary issue
[01:08:54.420 --> 01:08:56.420]  There's something more important here
[01:08:56.420 --> 01:09:03.420]  Is you're paying them and they're not applying your payments, that's embezzlement
[01:09:03.420 --> 01:09:05.420]  Right, oh, that's embezzlement, okay
[01:09:05.420 --> 01:09:11.420]  I had used fraud saying that, you know, claiming allegedly that I hadn't been paying, but
[01:09:11.420 --> 01:09:13.420]  Yeah, it's fraud too
[01:09:13.420 --> 01:09:21.420]  Well, not exactly fraud
[01:09:21.420 --> 01:09:27.420]  Fraud has a set of elements that generally go to statements that are made
[01:09:27.420 --> 01:09:35.420]  Someone has to make a statement that the other person accepts is true and the person who made the statement knows they're not true
[01:09:35.420 --> 01:09:42.420]  This is not exactly fraud, it's embezzlement, there's just stealing your money
[01:09:42.420 --> 01:09:53.420]  Right, and one of the notices they sent me made a statement that I had to go and apply with the state for rental assistance
[01:09:53.420 --> 01:09:59.420]  Because they wanted me to apply for rental assistance for that, even though I had already paid
[01:09:59.420 --> 01:10:05.420]  Okay, well I suggest, what they're going to have to do, they send you the three-day notice
[01:10:05.420 --> 01:10:13.420]  And then they have to file a motion to, they have to file a case with the local justice of the peace court to evict
[01:10:13.420 --> 01:10:21.420]  I suggest you file a small claims suit against them before they file a motion to evict
[01:10:21.420 --> 01:10:28.420]  Well, so isn't that what this summons is, this unlawful detainer, is that a motion to evict? That's different
[01:10:28.420 --> 01:10:34.420]  Okay, wait, wait, wait, you have a summons to appear before court?
[01:10:34.420 --> 01:10:39.420]  Yeah, it says, summons, citation, judicial, unlawful detainer, eviction
[01:10:39.420 --> 01:10:47.420]  Okay, then you need to file a counterclaim in that for the maximum amount that the JP can handle
[01:10:47.420 --> 01:10:52.420]  In Texas it would be 20 grand, I don't know what it is in California
[01:10:52.420 --> 01:11:06.420]  But file a counterclaim for, okay, I said embezzlement, I'm not sure if embezzlement is exactly right
[01:11:06.420 --> 01:11:09.420]  Or theft
[01:11:09.420 --> 01:11:15.420]  20 grand in California, that's not even going to get you a tank of gas, right? It's got to be something higher than that
[01:11:15.420 --> 01:11:23.420]  Yeah, I'm not sure, whatever small claims court can handle, if you file more than the court can handle
[01:11:23.420 --> 01:11:25.420]  Then they will dismiss it immediately
[01:11:25.420 --> 01:11:32.420]  So you have to file something that's within the range of what the JP can handle as a counterclaim
[01:11:32.420 --> 01:11:33.420]  Okay
[01:11:33.420 --> 01:11:41.420]  And then since you have the notice to appear, you appear by filing a motion to dismiss and counterclaim
[01:11:41.420 --> 01:11:48.420]  Motion to dismiss their claim with evidence to prove that you've actually paid
[01:11:48.420 --> 01:11:58.420]  And then a counterclaim against them for emotional distress and if this guy wanted to go out with you and you wouldn't, sexual harassment
[01:11:58.420 --> 01:12:11.420]  I'm looking at a couple of penal code in California, a couple of provisions, one says section 484 and one says penal code 532
[01:12:11.420 --> 01:12:15.420]  Those both look like they might apply
[01:12:15.420 --> 01:12:25.420]  It's 532 is theft by false pretenses and 484 is theft by fraud, deceit or trick
[01:12:25.420 --> 01:12:31.420]  And as I'm looking down through these elements, it looks like this would fit
[01:12:31.420 --> 01:12:40.420]  You knowing the facts that would probably have to confirm that, just go take a look at 484
[01:12:40.420 --> 01:12:45.420]  Okay, Brett, are these in the California penal code?
[01:12:45.420 --> 01:12:46.420]  Yes
[01:12:46.420 --> 01:12:51.420]  Then that would not get filed in the suit itself
[01:12:51.420 --> 01:12:54.420]  Oh that's true, that wouldn't be the civil suit, true
[01:12:54.420 --> 01:12:58.420]  Yeah, the suit that's filed against you is a civil suit
[01:12:58.420 --> 01:13:10.420]  So I would suggest you file a criminal complaint with the same justice of the peace under these two, in one of these two statutes
[01:13:10.420 --> 01:13:23.420]  And then petition the justice of the peace for a stay of prosecution until the criminal allegations can be adjudicated
[01:13:23.420 --> 01:13:28.420]  That's likely to get their attention
[01:13:28.420 --> 01:13:31.420]  Until the criminal?
[01:13:31.420 --> 01:13:36.420]  Yeah, they're not used to you coming at people coming after them criminally
[01:13:36.420 --> 01:13:45.420]  So you tell the J, you file the criminal complaints with the JP and this gets into something a little more detailed
[01:13:45.420 --> 01:13:58.420]  I've been a long time looking into the codes and trying to find something that will correct the legal system
[01:13:58.420 --> 01:14:01.420]  And it got down to justices of the peace
[01:14:01.420 --> 01:14:09.420]  It got down to how justices of the peace handle criminal accusations
[01:14:09.420 --> 01:14:21.420]  You can really jerk the JP around and if you force them at this level to follow law, it will change everything above it
[01:14:21.420 --> 01:14:34.420]  So what does California code say that a magistrate must do when the magistrate is given notice of crime?
[01:14:34.420 --> 01:14:39.420]  You need to look that up
[01:14:39.420 --> 01:14:47.420]  In Texas, in the Texas criminal procedure code, it's called Texas Code of Criminal Procedure
[01:14:47.420 --> 01:14:51.420]  But most states call it criminal procedure code
[01:14:51.420 --> 01:15:02.420]  It says you look for what must a magistrate do when a magistrate receives a criminal complaint
[01:15:02.420 --> 01:15:09.420]  Normally, the magistrate would issue a warrant
[01:15:09.420 --> 01:15:18.420]  But in most states, it allows the magistrate to examine into the sufficiency of the allegation
[01:15:18.420 --> 01:15:24.420]  You see in these movies where they're trying to get a warrant but they don't have enough evidence
[01:15:24.420 --> 01:15:29.420]  Well, in Texas, they don't have to have evidence
[01:15:29.420 --> 01:15:39.420]  15.09 says that when a complaint is forwarded to a magistrate, the magistrate shall issue a warrant for threat
[01:15:39.420 --> 01:15:46.420]  What does it say in California law that a magistrate must do?
[01:15:46.420 --> 01:15:58.420]  And are you familiar with the difference between magistrate and judge?
[01:15:58.420 --> 01:16:02.420]  Magistrate is more administrative, right?
[01:16:02.420 --> 01:16:05.420]  No, let me explain that
[01:16:05.420 --> 01:16:10.420]  Every judge is a magistrate
[01:16:10.420 --> 01:16:20.420]  When you give notice of crime to a judge, that invokes the judge's duty as a magistrate
[01:16:20.420 --> 01:16:24.420]  And that duty is different than the duty of a judge
[01:16:24.420 --> 01:16:29.420]  It seems like these judges don't realize there's a difference, but there is
[01:16:29.420 --> 01:16:38.420]  A magistrate hears criminal complaints and issues warrants, holds examining trials, and sets bail
[01:16:38.420 --> 01:16:40.420]  That's all they do
[01:16:40.420 --> 01:16:45.420]  If a complaint is filed with a magistrate that he would hear in court
[01:16:45.420 --> 01:16:51.420]  Once he makes a determination of probable cause, then he will have jurisdiction as a judge
[01:16:51.420 --> 01:16:54.420]  But not until there's a determination of probable cause
[01:16:54.420 --> 01:17:22.420]  Hang on, we'll be right back
[01:17:24.420 --> 01:17:26.420]  How to answer letters and phone calls
[01:17:26.420 --> 01:17:28.420]  How to get debt collectors out of your credit report
[01:17:28.420 --> 01:17:33.420]  How to turn the financial tables on them and make them pay you to go away
[01:17:33.420 --> 01:17:38.420]  The Michael Mears proven method is the solution for how to stop debt collectors
[01:17:38.420 --> 01:17:40.420]  Personal consultation is available as well
[01:17:40.420 --> 01:17:46.420]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:17:46.420 --> 01:17:49.420]  Or email michaelmears at yahoo.com
[01:17:49.420 --> 01:17:57.420]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:17:57.420 --> 01:18:00.420]  To learn how to stop debt collectors now
[01:18:00.420 --> 01:18:04.420]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friends
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[01:19:26.420 --> 01:19:31.420]  Well
[01:19:31.420 --> 01:19:36.420]  Ain't gonna fool me with that same old trick again
[01:19:36.420 --> 01:19:41.420]  I was blindsided, but now I can see your plan
[01:19:41.420 --> 01:19:44.420]  You put the beer in my pocket
[01:19:44.420 --> 01:19:46.420]  Took the money from my hand
[01:19:46.420 --> 01:19:55.420]  Ain't gonna fool me with that same old trick again
[01:19:55.420 --> 01:20:11.420]  Ain't gonna fool me
[01:20:11.420 --> 01:20:16.420]  Ain't gonna drive me with that same old sucker punch
[01:20:16.420 --> 01:20:21.420]  I get it now, but then I must have it now too
[01:20:21.420 --> 01:20:26.420]  Back then you had room to move, but now you're feeling the drive
[01:20:26.420 --> 01:20:55.420]  Ain't gonna get me with that same old sucker punch
[01:20:55.420 --> 01:21:02.420]  I get it now, but then I must have it now too
[01:21:02.420 --> 01:21:07.420]  Back then you had room to move, but now you're feeling the drive
[01:21:07.420 --> 01:21:11.420]  Ain't gonna get me with that same old sucker punch
[01:21:11.420 --> 01:21:16.420]  I get it now, but then I must have it now too
[01:21:16.420 --> 01:21:20.420]  Back then you had room to move, but now you're feeling the drive
[01:21:20.420 --> 01:21:25.420]  Ain't gonna get me with that same old sucker punch
[01:21:25.420 --> 01:21:30.420]  Back then you had room to move, but now you're feeling the drive
[01:21:30.420 --> 01:21:36.420]  I get it now, but then I must have it now too
[01:21:36.420 --> 01:21:48.420]  Back then you had room to move, but now you're feeling the drive
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[01:21:53.940 --> 01:21:58.980]  Artificial sweeteners cut the calories and help you lose weight, right? Wrong. Researchers
[01:21:58.980 --> 01:22:03.980]  at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade. They found
[01:22:03.980 --> 01:22:08.860]  that regularly drinking diet soda expanded people's waistlines five times more than
[01:22:08.860 --> 01:22:14.180]  no soda at all. The study's authors say artificial sweeteners trigger the appetite, but unlike
[01:22:14.180 --> 01:22:19.340]  regular sugars don't deliver anything to squelch it. Waking up hunger without satisfying it
[01:22:19.340 --> 01:22:25.040]  leads to cravings, which can result in a larger overall calorie intake. So use natural sweeteners
[01:22:25.040 --> 01:22:29.060]  to maintain a healthy weight, and if you need to shed some pounds, avoid the sweet stuff
[01:22:29.060 --> 01:22:34.580]  altogether and drink water instead. I'm Dr. Catherine Albrecht. More news and information
[01:22:34.580 --> 01:22:42.060]  at CatherineAlbrecht.com. This is Building 7, a 47-story skyscraper that fell on the
[01:22:42.060 --> 01:22:47.060]  afternoon of September 11. The government says that fire brought it down. However, 1,500
[01:22:47.060 --> 01:22:51.340]  architects and engineers have concluded it was a controlled demolition. Over 6,000 of
[01:22:51.340 --> 01:22:55.460]  my fellow service members have given their lives, and thousands of my fellow first responders
[01:22:55.460 --> 01:22:59.100]  are dying. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City
[01:22:59.100 --> 01:23:03.700]  correction officer. I'm an Air Force pilot. I'm a father who lost his son. We're Americans,
[01:23:03.700 --> 01:23:11.100]  and we deserve the truth. Go to RememberBuilding7.org today. Rule of Law Radio is proud to offer
[01:23:11.100 --> 01:23:14.900]  the Rule of Law traffic seminar. In today's America, we live in an us-against-them society,
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[01:24:02.260 --> 01:24:09.260]  Order your copy today and together we can have the free society we all want and deserve.
[01:24:33.260 --> 01:24:40.260]  The wicked come with temptation. They're trying to buy the whole place. They want to force
[01:24:40.260 --> 01:24:47.260]  a new nation. Because they've fallen from grace. I will not drink from that cup. I will
[01:24:47.260 --> 01:24:54.260]  just get axed out of bed. Okay, we are back. Randy Kelton, Brett Fountain, we love you.
[01:25:18.260 --> 01:25:24.780]  And if we have been silent for the last segment, we're trying to work that out. We're not
[01:25:24.780 --> 01:25:31.780]  sure if we were or not. We have, when we came in, when Brett brings us in, I get a beep
[01:25:34.420 --> 01:25:40.220]  in my headset. For the last segment, I didn't get that beep in my headset. Yeah, that's
[01:25:40.220 --> 01:25:47.220]  because you brought us in. Did I do that? No, no, no. He's trying to blame it on me.
[01:25:48.980 --> 01:25:55.980]  I never ever take responsibility. That's a rule. Anyway, I want to see if we're on this
[01:25:58.660 --> 01:26:04.140]  time. Let's go back to Ray in California. Ray, can you hear us this time? I can. Can
[01:26:04.140 --> 01:26:09.820]  you hear me? Oh, wonderful, wonderful. Okay. Whatever was wrong last time, could you hear
[01:26:09.820 --> 01:26:16.820]  us in the last segment? No, not at all. Okay. I think we may have had a blank segment. So
[01:26:19.900 --> 01:26:26.660]  we need to back up. Ray, where were we when we spoke to you last? We were talking about
[01:26:26.660 --> 01:26:33.660]  the magistrate and how the, the notice of a criminal, of a crime is, is how their duty
[01:26:33.660 --> 01:26:40.660]  is invoked. Okay. Brett, will you go back to the codes you looked up? Okay. What we
[01:26:42.500 --> 01:26:49.500]  were saying is you may be able to file criminal actions against the, since they, they filed
[01:26:51.380 --> 01:26:58.380]  an action in the court for an unlawful detainer, you can file a counter complaint against them
[01:26:58.380 --> 01:27:05.380]  and you could also accuse them criminally. You know, I'm, I'm always thinking about,
[01:27:05.780 --> 01:27:12.780]  you know, I try not to think that everybody is an evil monster trying to screw everybody.
[01:27:13.980 --> 01:27:20.980]  How could this come about? And the owner of the property genuinely believe that she's
[01:27:20.980 --> 01:27:27.980]  not receiving payments that she's supposed to have. Could she have a manager embezzling
[01:27:28.060 --> 01:27:35.060]  funds and hiding it from her? And how would we give her notice so that she would have
[01:27:37.700 --> 01:27:44.700]  reason to go look more closely? And I'm thinking the best way to do that is charge her criminally.
[01:27:44.700 --> 01:27:51.700]  That'll really, that'll really get her attention. I have the green certified card from certified
[01:27:55.780 --> 01:28:02.780]  mail from sending everything that her husband actually signed. So this sounds like it needs
[01:28:08.460 --> 01:28:14.140]  a criminal complaint against them and then ask the justice of the piece who has the unlawful
[01:28:14.140 --> 01:28:21.140]  detainer action for an abate, an abatement. Abatement is kind of an old term that's not
[01:28:23.100 --> 01:28:29.140]  used much anymore. It's used in some states and not others. But an abatement is you're,
[01:28:29.140 --> 01:28:35.740]  you're not asking the court to rule substantially one way or another. You're asking the court
[01:28:35.740 --> 01:28:42.740]  to put everything on hold until some other thing has occurred. And here you filed criminally
[01:28:45.740 --> 01:28:52.740]  against the owner of the property and accused them of what Brett? Of 484, section 484 is
[01:28:52.740 --> 01:28:59.740]  larceny. So Brett's looking through the codes and larceny was the one that fits. So you've
[01:29:08.980 --> 01:29:15.980]  charged the owner with larceny. Now I suspect she hasn't been charged with that criminal
[01:29:15.980 --> 01:29:22.980]  action very often. And that is very likely to get their attention. If you accuse them
[01:29:27.300 --> 01:29:32.860]  also of such a harassment because of this manager, then you will give the owner someone
[01:29:32.860 --> 01:29:39.860]  to point finger at. Yeah, the larceny comes from, you start with section 532. That one
[01:29:39.860 --> 01:29:45.860]  is under false personation and cheats. So the cheat is talking about defrauding somebody
[01:29:45.860 --> 01:29:51.860]  of money. And it says that it's punishable in the same manager manner and to the same
[01:29:51.860 --> 01:29:58.860]  extent as for larceny of the money. So then you go over here to 484 talking about larceny
[01:29:58.860 --> 01:30:10.860]  and that's got all of that going on as well. Does larceny stipulate a threshold amount?
[01:30:10.860 --> 01:30:17.860]  I do see something in here about $1,000 or greater than $1,000, but I don't think yet
[01:30:17.860 --> 01:30:24.860]  that this is where it's turning from a missing or to a felony. It looks like that's where
[01:30:24.860 --> 01:30:31.860]  you have prima facie assumption that their intent was to commit theft by fraud.
[01:30:31.860 --> 01:30:41.860]  Then let me make a suggestion. If you allege larceny and the facts do not support larceny,
[01:30:41.860 --> 01:30:53.860]  let the other side prove that up. You make the claim and let them prove that the claim
[01:30:53.860 --> 01:30:58.860]  is overblown. So if it's not larceny, what is it?
[01:30:58.860 --> 01:31:04.860]  But in the meantime, you've triggered the need for them to have an examination.
[01:31:04.860 --> 01:31:11.860]  Exactly. There's more than one way to skin this. I'm not going to say skin a cat because
[01:31:11.860 --> 01:31:12.860]  some people like cats.
[01:31:12.860 --> 01:31:15.860]  We know one person that got so particular about that.
[01:31:15.860 --> 01:31:17.860]  I only skin one cat.
[01:31:17.860 --> 01:31:19.860]  What are you supposed to skin then? Squirrels?
[01:31:19.860 --> 01:31:23.860]  Well, I didn't run it over. Somebody else did. I just snatched the hide off of it.
[01:31:23.860 --> 01:31:28.860]  But my wife did not. She was not understanding about that.
[01:31:28.860 --> 01:31:33.860]  Hey, cats have really tough hides because they're carnivores.
[01:31:33.860 --> 01:31:38.860]  Anyway, let's not talk about cats. That'll get me in trouble.
[01:31:38.860 --> 01:31:44.860]  Okay. Ray, does this make sense where we're going?
[01:31:44.860 --> 01:31:57.860]  It does make sense. I have a question. Is it a problem? My huge question is that they have listed
[01:31:57.860 --> 01:32:07.860]  the manager now on this new paperwork as the owner of the park. He's coming in as the owner.
[01:32:07.860 --> 01:32:11.860]  This is good. It sounds like they fired the previous manager.
[01:32:11.860 --> 01:32:15.860]  And if they fired the previous manager, there must have been a reason.
[01:32:15.860 --> 01:32:18.860]  He's the same one.
[01:32:18.860 --> 01:32:21.860]  Is this the one that tried to get a date with you?
[01:32:21.860 --> 01:32:29.860]  Yeah, it's the same one. And now he's listed as plaintiff on this summons for the unlawful detainer.
[01:32:29.860 --> 01:32:34.860]  Oh, good. And charge him with sexual harassment. Wonderful.
[01:32:34.860 --> 01:32:37.860]  Rolling all in together.
[01:32:37.860 --> 01:32:47.860]  Okay. I just have to sign for affidavit that he tried to ask me out several times and I refused.
[01:32:47.860 --> 01:32:53.860]  We're going to have to admit this is just wrong.
[01:32:53.860 --> 01:33:03.860]  We accused this poor manager of sexual harassment when all it was that he thought you were hot and wanted a date with you.
[01:33:03.860 --> 01:33:08.860]  Who cares? Deal with it. Life's tough.
[01:33:08.860 --> 01:33:13.860]  It's not what you can prove or not.
[01:33:13.860 --> 01:33:21.860]  Ken's four rules. He's got four rules. Everything's political.
[01:33:21.860 --> 01:33:29.860]  The first one of all his four rules is perception is everything.
[01:33:29.860 --> 01:33:32.860]  And this goes to perception.
[01:33:32.860 --> 01:33:37.860]  The second one is everything's political. Third one, everything's negotiable.
[01:33:37.860 --> 01:33:44.860]  Fourth one, document, document, document. But the first one is perception is everything.
[01:33:44.860 --> 01:33:49.860]  And right now, sexual harassment is a hot topic.
[01:33:49.860 --> 01:33:55.860]  It's kind of hot on everybody's radar.
[01:33:55.860 --> 01:34:06.860]  So you accused him of doing this in retaliation for the fact that you would not date him.
[01:34:06.860 --> 01:34:12.860]  How do you disprove something like that?
[01:34:12.860 --> 01:34:17.860]  Oh, I didn't do it. I didn't do it. You know, who's going to believe you?
[01:34:17.860 --> 01:34:19.860]  Right.
[01:34:19.860 --> 01:34:33.860]  Perception's everything. So in the land of dirty tricks, the other side's going, you can expect them to use every dirty trick they can think of, especially since they've hired lawyers.
[01:34:33.860 --> 01:34:37.860]  So how about you using a few of your own?
[01:34:37.860 --> 01:34:42.860]  I'm good with that. I just want this whole thing to be done and go away.
[01:34:42.860 --> 01:34:52.860]  Charge him with this is an act of retaliation because you wouldn't date him and sexual harassment.
[01:34:52.860 --> 01:35:04.860]  And ask for, you know, file with the JP who has the unlawful detainer suit, file a suit for the maximum he can handle, a countersuit, and see how this works out.
[01:35:04.860 --> 01:35:07.860]  Hang on. We'll be right back.
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[01:37:07.860 --> 01:37:19.860]  Well, you know karma's lurking around the corner. You better watch your step-by-step.
[01:37:19.860 --> 01:37:45.860]  As we sow, so shall we reap.
[01:37:45.860 --> 01:37:53.860]  As we sow, so shall we reap.
[01:37:53.860 --> 01:37:58.860]  As we sow, so shall we reap.
[01:37:58.860 --> 01:38:03.860]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:38:03.860 --> 01:38:08.860]  And you guys missed the best stuff. The best stuff goes on in the break.
[01:38:08.860 --> 01:38:21.860]  Okay, Brett and I were talking about this, Ray, and he was looking up the dollar amounts, and the dollar amounts don't get high enough to charge a felony.
[01:38:21.860 --> 01:38:23.860]  Right.
[01:38:23.860 --> 01:38:31.860]  Okay, so what? Here's the deal. This is how lawyers do it.
[01:38:31.860 --> 01:38:40.860]  The lawyer will make the charge anyway, and it's up to you to prove that the charge doesn't apply.
[01:38:40.860 --> 01:38:49.860]  And here, what we're trying to do is not so much win some case at the end of the day.
[01:38:49.860 --> 01:38:59.860]  What you're trying to do is get the property owner to go back to your original agreement and stop screwing with you.
[01:38:59.860 --> 01:39:05.860]  Right, and stop him from moving, because he's not going to live here anymore now. I mean, he ruined it.
[01:39:05.860 --> 01:39:18.860]  Well, you know, in thinking about this, it may be that you have a manager here who's blowing smoke up the owners behind.
[01:39:18.860 --> 01:39:24.860]  He may actually have his feedings hurt because you wouldn't go out with him.
[01:39:24.860 --> 01:39:29.860]  And now he's trying to retaliate against you, and he's feeding a lot of crap to the owner.
[01:39:29.860 --> 01:39:32.860]  The owner may actually be innocent.
[01:39:32.860 --> 01:39:40.860]  And how many mobile homes or how many rental spaces are in this section that this person owns?
[01:39:40.860 --> 01:39:44.860]  Oh, probably 30-ish, 36 maybe.
[01:39:44.860 --> 01:39:57.860]  So do you really think this person cares about a single space enough to want to throw somebody out just to embezzle a few bucks from them?
[01:39:57.860 --> 01:40:06.860]  You know, if I had a place with 30 rentals on it, I want this to go smooth.
[01:40:06.860 --> 01:40:10.860]  I don't want any issues that I have to deal with.
[01:40:10.860 --> 01:40:24.860]  It may be that the owner is being fed a lot of garbage, because it's very unlikely they would single out a single person to try to extort extra money from them,
[01:40:24.860 --> 01:40:30.860]  because that would do nothing but create major grief for them.
[01:40:30.860 --> 01:40:35.860]  When I was listening to what you were telling me, I'm thinking, this doesn't fit right.
[01:40:35.860 --> 01:40:44.860]  If I have an investment here in this wiggle space, I want everything to go real smooth.
[01:40:44.860 --> 01:40:46.860]  I want this to be passive income.
[01:40:46.860 --> 01:40:48.860]  I don't want to be going to court.
[01:40:48.860 --> 01:40:50.860]  I don't want to be evicting people.
[01:40:50.860 --> 01:40:54.860]  And if I've got somebody who's paying, I don't want to mess with.
[01:40:54.860 --> 01:41:00.860]  You know how hard it is to get people to actually pay their bills?
[01:41:00.860 --> 01:41:07.860]  And you've even been paying ahead.
[01:41:07.860 --> 01:41:11.860]  You may have an owner who really doesn't know what's going on.
[01:41:11.860 --> 01:41:14.860]  So how do you get the owner's attention?
[01:41:14.860 --> 01:41:22.860]  You accuse the owner of sexual harassment, and she's going to say, I didn't do it, I didn't do it, I didn't do it.
[01:41:22.860 --> 01:41:25.860]  Yeah, you did. You did it with your manager.
[01:41:25.860 --> 01:41:29.860]  And the manager may lose his position.
[01:41:29.860 --> 01:41:35.860]  But give the owner an opportunity to fix this.
[01:41:35.860 --> 01:41:39.860]  I'm not saying make it easy.
[01:41:39.860 --> 01:41:43.860]  I'm saying give her a kick right in the rear.
[01:41:43.860 --> 01:42:00.860]  Accuser of sexual harassment and conspiracy, what would you call it, where the owner appears to be supporting complicity.
[01:42:00.860 --> 01:42:07.860]  Was 7.02 in Texas culpable after the fact that she's enabling...
[01:42:07.860 --> 01:42:10.860]  Culpable for somebody else's actions, yeah.
[01:42:10.860 --> 01:42:15.860]  She's enabling this bad behavior by the manager.
[01:42:15.860 --> 01:42:23.860]  Now consider, Ray, if you're the owner of this property, and your manager wants to evict somebody,
[01:42:23.860 --> 01:42:38.860]  and they accuse you of being culpable in sexual harassment by enabling the manager to sexually arrest someone, what would you say?
[01:42:38.860 --> 01:42:44.860]  I suspect you are verbalistic.
[01:42:44.860 --> 01:42:54.860]  So we do fight things, but as I get older, I've learned to be a lot more careful about the fights I pick.
[01:42:54.860 --> 01:42:56.860]  Who's really causing this problem?
[01:42:56.860 --> 01:43:05.860]  I can't imagine the owner of this property wanting to have this fight, especially someone who pays the bills.
[01:43:05.860 --> 01:43:10.860]  Something else is going on here.
[01:43:10.860 --> 01:43:13.860]  Am I making sense?
[01:43:13.860 --> 01:43:16.860]  Yes.
[01:43:16.860 --> 01:43:24.860]  So Ray, I found that $950 is the line of what they call...
[01:43:24.860 --> 01:43:39.860]  What takes us from misdemeanor to a felony is $950, and that's in California Penal Code Section 487, and it's subsection A.
[01:43:39.860 --> 01:43:51.860]  So it's $950 if it's money, but then if there are other things, like somebody steals $251 worth of your artichokes, that would...
[01:43:51.860 --> 01:43:55.860]  Okay, how much is your rental?
[01:43:55.860 --> 01:44:00.860]  Oh, $400 now. It was $350 when I started.
[01:44:00.860 --> 01:44:06.860]  So they're saying you're behind how much?
[01:44:06.860 --> 01:44:13.860]  They're saying I'm behind, well, today, before it was $1400, and then it moved to $1300.
[01:44:13.860 --> 01:44:19.860]  That's enough. Okay, we got it. We're over the $900. We're in the felony range.
[01:44:19.860 --> 01:44:28.860]  And you also surpassed the $1000 limit, which means that it is assumed that they have intent to defraud you.
[01:44:28.860 --> 01:44:34.860]  If it were $999, then you'd have to prove their intent to defraud you.
[01:44:34.860 --> 01:44:43.860]  But since it's $1000 or more, California says that's prima facie evidence that their intent is fraudulent.
[01:44:43.860 --> 01:44:52.860]  Good. I was going to say prima facie. Prima facie means on the face of it.
[01:44:52.860 --> 01:45:00.860]  If, you know, like in Bring Before a Magistrate, it says you have to get you before a magistrate within 48 hours.
[01:45:00.860 --> 01:45:09.860]  If they get you before a magistrate before 48 hours, but they could have got you before one sooner,
[01:45:09.860 --> 01:45:20.860]  on the face of it, the taking was timely. So you would have to prove that they could have gotten you there sooner.
[01:45:20.860 --> 01:45:27.860]  After 48 hours, the presumption is that the taking was not timely.
[01:45:27.860 --> 01:45:40.860]  So in this case, if it's under $1000, on the face of it, it was not fraud, and you'd have to prove it was not fraud. What is it?
[01:45:40.860 --> 01:45:43.860]  Intent to defraud.
[01:45:43.860 --> 01:45:48.860]  Under $1000, you would have to prove there was intent to defraud.
[01:45:48.860 --> 01:45:53.860]  But if they're over, then you don't have to prove it. You just claim it and they have to disprove it.
[01:45:53.860 --> 01:45:59.860]  And that's always where you want them. You want them to have to disprove it.
[01:45:59.860 --> 01:46:07.860]  You got enough. And I would suggest that you not think of this as a fight with the owner,
[01:46:07.860 --> 01:46:19.860]  but rather as you're trying to find a way to give notice to the owner that the manager is screwing things around.
[01:46:19.860 --> 01:46:26.860]  If you go to the owner with that perspective, then you can say to the owner, I don't think you did this.
[01:46:26.860 --> 01:46:36.860]  I think that manager did this and just sucked you into this. Now the owner can take a step back and not lose face.
[01:46:36.860 --> 01:46:42.860]  Yeah. And also, I looked at this embezzlement that you were talking about first, Randy. I think it does line up.
[01:46:42.860 --> 01:46:56.860]  I think that does fit. And so, Ray, as you're approaching this, one way that the story could unfold there is for you to say,
[01:46:56.860 --> 01:47:06.860]  you know, it looks like the person here who is supposed to be giving you my money is in an attempt to whatever,
[01:47:06.860 --> 01:47:11.860]  this whole sexual harassment, whatever they're trying to do to make me look bad, they're actually keeping your money.
[01:47:11.860 --> 01:47:21.860]  They're not even putting it on the books. So that's part of the way they're doing me wrong is doing you wrong, too, by embezzling your money.
[01:47:21.860 --> 01:47:29.860]  Well, except that I've been sending my rent directly to the owner, which is why...
[01:47:29.860 --> 01:47:33.860]  Well, okay. See, these pieces don't fit.
[01:47:33.860 --> 01:47:41.860]  I think that he didn't receive it. Yeah. Is there someone who could be intercepting it?
[01:47:41.860 --> 01:47:46.860]  Now, I'm not suggesting that you cut the owner any slack,
[01:47:46.860 --> 01:47:59.860]  but I'm suggesting that you kick the owner in the seat of his or her pants in a way to get the owner to take a closer look at what's going on
[01:47:59.860 --> 01:48:08.860]  and find the real culprit, but be receptive to the owner so that you can find a solution.
[01:48:08.860 --> 01:48:14.860]  Do you want to leave this place that you're in and go somewhere else, or do you want to stay there?
[01:48:14.860 --> 01:48:18.860]  Yeah. Now I don't have any peace here.
[01:48:18.860 --> 01:48:21.860]  Because the manager lives right behind me.
[01:48:21.860 --> 01:48:28.860]  I feel like every time I go out to my car and watch every move that I make, I have no privacy.
[01:48:28.860 --> 01:48:30.860]  I definitely am already looking for another place to move.
[01:48:30.860 --> 01:48:35.860]  I just need some peace so that I can get it all together and find a place to move out.
[01:48:35.860 --> 01:48:45.860]  In that case, in the unlawful detainer suit, I would suggest that you file a counterclaim
[01:48:45.860 --> 01:48:54.860]  in the amount of the maximum amount that the particular court can handle.
[01:48:54.860 --> 01:49:04.860]  In Texas, it would be a justice of the peace court, and the maximum amount that a justice of the peace court can handle is $20,000.
[01:49:04.860 --> 01:49:12.860]  Look at small claims court. What's the maximum amount you can file in a small claims court?
[01:49:12.860 --> 01:49:16.860]  File that as a counterclaim.
[01:49:16.860 --> 01:49:24.860]  Okay. Small claims court, that would be the superior court, right? Is it still the same place?
[01:49:24.860 --> 01:49:30.860]  No. Superior court, the courts are called different.
[01:49:30.860 --> 01:49:36.860]  In New York, the lowest level court is called the supreme.
[01:49:36.860 --> 01:49:49.860]  So it's different. In Texas, the superior court would be a district court, which is felonies and I think $200,000 or above.
[01:49:49.860 --> 01:49:57.860]  In Texas, a magistrate court would be small claims court, $20,000.
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