ROL_2025-01-16_16k.timecode
[00:00.000 --> 00:30.000] Bad boys, bad boys, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha
[00:30.000 --> 00:52.140] gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, whatcha gonna do, when
[00:52.140 --> 00:54.140] What you gonna do when they come for you?
[00:54.140 --> 00:56.140] Bad boys, bad boys
[00:56.140 --> 00:57.140] What you gonna do?
[00:57.140 --> 00:59.140] What you gonna do when they come for you?
[00:59.140 --> 01:01.140] You chuck it on that one
[01:01.140 --> 01:02.140] You chuck it on this one
[01:02.140 --> 01:03.140] You chuck it on your mother
[01:03.140 --> 01:05.140] And you chuck it on your father
[01:05.140 --> 01:06.140] You chuck it on your brother
[01:06.140 --> 01:08.140] And you chuck it on your sister
[01:08.140 --> 01:09.140] You chuck it on that one
[01:09.140 --> 01:10.140] And you chuck it on me!
[01:10.140 --> 01:12.140] Bad boys, bad boys
[01:12.140 --> 01:13.140] What you gonna do?
[01:13.140 --> 01:15.140] What you gonna do when they come for you?
[01:15.140 --> 01:17.140] Bad boys, bad boys
[01:17.140 --> 01:19.140] What you gonna do?
[01:19.140 --> 01:21.140] What you gonna do when they come for you?
[01:22.140 --> 01:24.140] Bad boys, bad boys
[01:24.140 --> 01:25.140] What you gonna do?
[01:25.140 --> 01:27.140] What you gonna do when they come for you?
[01:27.140 --> 01:29.140] Bad boys, bad boys
[01:29.140 --> 01:30.140] What you gonna do?
[01:30.140 --> 01:32.140] What you gonna do when they come for you?
[01:32.140 --> 01:35.140] Nobody now's giving no break
[01:35.140 --> 01:37.140] Police now's giving no break
[01:37.140 --> 01:40.140] That home soldier might not give you no break
[01:40.140 --> 01:43.140] Not even your Bazans giving you no break
[01:43.140 --> 01:45.140] Bad boys, bad boys
[01:45.140 --> 01:47.140] What you gonna do?
[01:47.140 --> 01:49.140] What you gonna do when they come for you?
[01:49.140 --> 02:11.300] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Blue of La Radio, on this Thursday, the 16th
[02:11.300 --> 02:16.460] day of January 2025.
[02:16.460 --> 02:24.020] More and more days and get a regime change in the United States, I'm looking forward
[02:24.020 --> 02:25.020] to it.
[02:25.020 --> 02:26.020] Brett.
[02:26.020 --> 02:28.620] You don't think we've been sufficiently Trump-proofed?
[02:28.620 --> 02:29.620] Nope.
[02:29.620 --> 02:36.540] Okay, you had something you wanted to start the show out with.
[02:36.540 --> 02:42.460] Well, I did think it would be helpful if we go over complaints again, because it just
[02:43.020 --> 02:51.940] that somebody was talking about wanting to strike a complaint because, well, it's hearsay.
[02:51.940 --> 02:59.820] And I thought by now that our people would understand that it's okay for a complaint
[02:59.820 --> 03:09.700] to be hearsay if it's being used for the purpose of getting somebody to a magistrate.
[03:09.700 --> 03:13.580] So I thought maybe it's good for us to kind of go over that.
[03:13.580 --> 03:21.860] When is a complaint good enough for what?
[03:21.860 --> 03:28.060] The very nature of complaints in Texas is statutory, unlike most states.
[03:28.060 --> 03:34.940] Texas, it's statutory that a complaint must run in the name of the state of Texas, in
[03:35.420 --> 03:38.980] and by the authority of the state of Texas.
[03:38.980 --> 03:46.620] And you must say, I have reason to believe and do believe.
[03:46.620 --> 03:49.940] That's actually statutory.
[03:49.940 --> 03:51.860] That's what you have to have.
[03:51.860 --> 03:54.420] And that's all you have to have.
[03:54.420 --> 03:58.780] And it says either you have that knowledge directly.
[03:58.780 --> 04:03.380] You can state it directly like from direct knowledge or you can say that you have reason
[04:03.380 --> 04:05.140] to believe and do believe.
[04:05.140 --> 04:11.180] And some states say upon information and belief, that's the same thing.
[04:11.180 --> 04:14.020] It's hearsay.
[04:14.020 --> 04:16.260] Hearsay is okay.
[04:16.260 --> 04:26.900] However, once you are before the magistrate and the magistrate is doing his duty to find
[04:26.900 --> 04:34.860] whether or not probable cause exists to commence a court case, well, at that point, they're
[04:34.860 --> 04:37.140] dragging witnesses up on the stand.
[04:37.140 --> 04:41.460] They're making them swear to tell the truth, the whole truth, nothing but the truth.
[04:41.460 --> 04:43.140] And the rules of evidence all kick in.
[04:43.140 --> 04:48.060] So you won't have any hearsay at that point once they're in front of the magistrate.
[04:48.060 --> 04:54.860] But to get them in front of the magistrate, a complaint that triggers his duty to get
[04:54.900 --> 04:59.900] the suspect in front of him for that probable cause determination, that's okay.
[04:59.900 --> 05:06.980] You can have a complaint, can have hearsay in there.
[05:06.980 --> 05:14.220] So for anybody who's a little confused, when is hearsay all right?
[05:14.220 --> 05:15.900] When is it good enough?
[05:15.900 --> 05:21.020] It is good enough to get somebody in front of the magistrate.
[05:21.060 --> 05:27.060] But since it gets confusing because we have this problem, a lot of magistrates don't know
[05:27.060 --> 05:28.060] their magistrate.
[05:28.060 --> 05:31.900] They only know about their judge hat.
[05:31.900 --> 05:35.980] And they're kind of clueless about their magistrate hat.
[05:35.980 --> 05:42.140] Or if they do, they don't realize that they need to hold a probable cause determination
[05:42.140 --> 05:43.260] hearing.
[05:43.260 --> 05:50.500] Some of them are so unaware of their duties.
[05:50.580 --> 05:51.580] Ignorant?
[05:51.580 --> 05:58.380] Yeah, that they think that they could simply wave their magic wand and say, I find a probable
[05:58.380 --> 06:01.900] cause to exist.
[06:01.900 --> 06:06.140] Now that's better than ignoring the whole idea of probable cause.
[06:06.140 --> 06:10.820] At least they're thinking that they can invent it and create it out of thin air.
[06:10.820 --> 06:14.940] But they still haven't really done, there's not any probable cause.
[06:14.980 --> 06:22.260] A probable cause determination has to be based on a finding of probable cause.
[06:22.260 --> 06:28.500] There's a finding of facts that happens when you get witnesses up in front and you put
[06:28.500 --> 06:33.700] them under oath and you cross-examine the witnesses.
[06:33.700 --> 06:41.460] You have the accused, or at that point he's still the suspect, able to cross-examine these
[06:41.460 --> 06:47.740] witnesses and having the rules of evidence apply in that context.
[06:47.740 --> 06:51.500] That's when you can come up with a finding of facts.
[06:51.500 --> 06:56.460] You can't have a finding of facts that just happens in a vacuum poof by itself because
[06:56.460 --> 07:02.980] of some police officer said something or somebody thought that the police officer said something
[07:02.980 --> 07:06.220] and they believed him and therefore that's good enough.
[07:06.220 --> 07:07.580] No, it's not.
[07:07.580 --> 07:11.020] It's only good enough to get the person in front of the magistrate and not good enough
[07:11.020 --> 07:13.380] to go from there beyond.
[07:13.380 --> 07:14.380] So it's certainly-
[07:14.380 --> 07:18.420] Let me give my favorite example.
[07:18.420 --> 07:25.420] My next-door neighbor is an 80-year-old widow woman and she comes to me and tells me that
[07:25.420 --> 07:34.420] her next-door neighbor, oh good rotten scoundrel, she saw him murder somebody and bury him in
[07:34.420 --> 07:35.420] their backyard.
[07:35.420 --> 07:39.780] I say, wow, you should tell the police about that.
[07:39.780 --> 07:40.780] Absolutely not.
[07:40.780 --> 07:41.780] I'm afraid of this guy.
[07:41.780 --> 07:45.220] He may come retaliate against me.
[07:45.220 --> 07:55.900] So if I believe my neighbor, then I have reason to believe and I do believe that this happened.
[07:55.900 --> 07:58.820] I have no personal knowledge of it.
[07:58.820 --> 08:01.620] I don't need personal knowledge of it.
[08:01.620 --> 08:09.500] I just need to believe my neighbor and that belief gives me reason to believe and I do
[08:09.700 --> 08:12.700] believe and that's all that's required.
[08:12.700 --> 08:23.700] For the singular purpose of giving a magistrate jurisdiction to issue a warrant, call the
[08:23.700 --> 08:27.740] person before them and then hold an examining trial.
[08:27.740 --> 08:33.620] Yes, and where we need to draw the line and understand the boundaries of that jurisdiction
[08:33.620 --> 08:35.060] you're describing.
[08:35.060 --> 08:37.860] This jurisdiction does not relate to a court.
[08:37.860 --> 08:40.060] People are not getting the difference.
[08:40.060 --> 08:43.100] There's no court case.
[08:43.100 --> 08:47.420] This jurisdiction that a magistrate has is for the limited purpose of finding whether
[08:47.420 --> 08:50.780] or not we need to have a court case.
[08:50.780 --> 08:54.500] So he's going to see, is there probable cause?
[08:54.500 --> 08:58.180] He can't just read the document and decide that there's probable cause.
[08:58.180 --> 09:00.260] He has to hold a hearing.
[09:00.260 --> 09:05.780] He has to have a determination of that that's based on a finding of facts so that he can
[09:05.780 --> 09:08.660] have a finding of probable cause.
[09:08.660 --> 09:14.260] Well, if we look at the Texas Code of Criminal Procedure, we look at 1607, it says that the
[09:14.260 --> 09:21.060] rules of evidence apply in this probable cause hearing.
[09:21.060 --> 09:29.260] Those rules of evidence apply just as they would in a court trial, a trial on the merits.
[09:29.260 --> 09:30.820] So no hearsay.
[09:30.820 --> 09:33.620] You can't have hearsay at that point.
[09:33.620 --> 09:43.340] So Randy, with your example there, the lady, your neighbor, could be subpoenaed as a witness
[09:43.340 --> 09:48.780] to testify to what she saw.
[09:48.780 --> 09:56.660] And there are ways, if she's terrified of this person, then she can give a deposition
[09:56.660 --> 09:59.300] and they could bring in the definition.
[09:59.300 --> 10:03.340] The law is exceptionally well structured.
[10:03.340 --> 10:13.140] And the law that we have started with the law of Hammurabi, 17 something BC, which evolved
[10:13.140 --> 10:17.700] into the Greek law, to Roman law.
[10:17.700 --> 10:25.420] Roman law, part of it was brought to England and combined with the Celtic law, which became
[10:25.420 --> 10:28.700] the common law, and that evolved into what we have now.
[10:28.700 --> 10:32.840] It is extremely well put together.
[10:32.840 --> 10:40.100] We got 6,000 years of people figuring out the weaknesses and frailties of the human
[10:40.100 --> 10:41.100] condition.
[10:41.100 --> 10:45.580] And they really did get it sorted out.
[10:45.580 --> 10:49.460] And the law is extremely well structured.
[10:49.460 --> 10:53.660] All it takes is you just have to have reason to believe and do believe, and that gives
[10:53.660 --> 11:01.620] a magistrate, a juristic, based on a complaint that you signed, that invests jurisdiction
[11:01.620 --> 11:05.540] with a magistrate, not a court.
[11:05.540 --> 11:07.260] Not a court, right.
[11:07.260 --> 11:15.260] Once the magistrate finds probable cause, and in the probable cause hearing, the rules
[11:15.260 --> 11:22.340] are more strict, and that's to protect the accused as well as the public.
[11:22.340 --> 11:30.660] If the magistrate finds probable cause, they have to issue an order stating they find it,
[11:30.660 --> 11:37.340] forward that to the court of jurisdiction, and that moves jurisdiction from the magistrate
[11:37.340 --> 11:38.340] to the court.
[11:38.340 --> 11:42.260] I'm going to shut up now.
[11:42.260 --> 11:45.260] Well, that's pretty much it.
[11:46.260 --> 11:54.780] hoping to clarify for anybody who's similarly confused as the person that we were talking
[11:54.780 --> 11:55.780] with today.
[11:55.780 --> 12:00.340] I don't know, it can seem confusing.
[12:00.340 --> 12:08.140] It's understandable that this is a common confusion because we don't see that part playing out.
[12:08.140 --> 12:13.540] We don't see judges who routinely will recognize that they have two hats.
[12:13.580 --> 12:18.220] They are also a magistrate, and that they do have a duty to hold this examining trial,
[12:18.220 --> 12:26.420] or in other states, preliminary inquiry, or a probable cause determination hearing.
[12:26.420 --> 12:33.620] Everybody in every state, always, before they can commence a criminal court case, they need
[12:33.620 --> 12:39.460] to have a probable cause determination hearing, regardless of what it's called.
[12:39.460 --> 12:42.340] But so many don't.
[12:42.340 --> 12:46.020] I was in Pennsylvania, and I got to watch.
[12:46.020 --> 12:52.100] There was a real one happening, and the magistrate was doing it right.
[12:52.100 --> 12:59.380] The person who I was watching there, I was just being a court watcher, and I saw the
[12:59.380 --> 13:08.540] person arguing about court jurisdiction, and this magistrate was doing it right.
[13:08.700 --> 13:23.980] He was unable to convince the person who was accused, he was unable to convince her that
[13:23.980 --> 13:27.620] this is not court jurisdiction we're talking about.
[13:27.620 --> 13:33.580] I'm merely here to make a determination of probable cause as to whether a court case
[13:33.580 --> 13:36.580] will commence.
[13:36.660 --> 13:39.780] You have not been bound over, was his language.
[13:39.780 --> 13:44.500] You have not been bound over to any court.
[13:44.500 --> 13:49.300] Only if I find probable cause will you be bound over to a court.
[13:49.300 --> 13:50.900] And she couldn't get it.
[13:50.900 --> 13:54.500] She kept arguing about jurisdiction of the court.
[13:54.500 --> 13:59.620] And yes, while that's usually a very appropriate argument.
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[15:00.820 --> 15:05.220] Are you looking to have a closer relationship with God and a better understanding of His
[15:05.220 --> 15:06.220] Word?
[15:06.220 --> 15:10.900] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[15:10.900 --> 15:15.940] Scripture Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy
[15:15.940 --> 15:17.740] 2.15.
[15:17.740 --> 15:22.260] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[15:22.260 --> 15:24.660] dividing the word of truth.
[15:24.660 --> 15:28.640] Starting in January, our first-hour studies are in the Book of Mark, where we'll go verse
[15:29.640 --> 15:32.000] by verse and discuss the true Gospel message.
[15:32.000 --> 15:36.640] Our second-hour topical studies will vary each week with discussions on sound doctrine
[15:36.640 --> 15:39.000] and Christian character development.
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[15:43.520 --> 15:47.840] Our goal is to strengthen our faith and to transform ourselves more into the likeness
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[15:56.760 --> 15:59.840] motivate your studies of the Scriptures.
[16:26.840 --> 16:36.840] I wonder what they are, they don't have the answer, open up my eyes, we ask the question,
[16:36.840 --> 16:43.840] look what we get, and they don't have the answer, I'm sloping, slipping, sliding,
[16:43.840 --> 16:47.840] They may talk about three shoes per se, Lord, how they want we to take it easy,
[16:47.840 --> 16:52.840] They may talk way too politically and them getting mad and angry,
[16:52.920 --> 16:57.920] But them not standing up and fight and fight for their freedom and be free,
[16:57.920 --> 17:02.920] And they like them love slavery and get handouts from the government,
[17:02.920 --> 17:13.920] We ask the question, I wonder what they are, they don't have the answer, open up my eyes,
[17:14.000 --> 17:23.000] But we ask the question, look what we get, and they don't have the answer, I'm sloping,
[17:23.000 --> 17:24.000] slipping, sliding,
[17:24.000 --> 17:29.000] They may tear me, they may tear you, they may tear me, Lord, they may tear the country,
[17:29.000 --> 17:34.000] They may tear me, they may tear me, they may tear you, and they may tear the country,
[17:34.000 --> 17:39.000] They may tear up the Constitution, they may rip it in three, then give a damn about three,
[17:39.080 --> 17:44.080] We ask the question, I wonder what they are, they don't have the answer, open up my eyes,
[17:44.080 --> 17:47.080] Look what we get, and they don't have the answer, I'm sloping, slipping, sliding,
[17:47.080 --> 17:50.080] They may talk way too politically and them getting mad and angry,
[17:50.080 --> 17:55.080] But they like them love slavery and get handouts from the government,
[17:55.080 --> 18:00.080] We ask the question, I wonder what they are, they don't have the answer, open up my eyes,
[18:00.160 --> 18:03.160] They may tear me, they may tear you, they may tear me, Lord, they may tear the country,
[18:03.160 --> 18:14.160] We ask the question, I wonder what they are, they don't have the answer, open up my eyes,
[18:14.160 --> 18:21.160] We ask the question, look what we get, they don't have the answer,
[18:30.160 --> 18:37.160] Okay, he didn't fall off the cliff, okay? He just stumbled close.
[18:37.160 --> 18:38.160] Almost.
[18:43.160 --> 18:48.160] I was thinking it was really a great thing for anybody to know,
[18:48.160 --> 18:52.160] That there are examining trials in some places,
[18:52.160 --> 18:58.160] And that there are good guy judges who just would bend over backwards,
[18:58.240 --> 19:03.240] And hoping to get the accused or the suspect in that case,
[19:03.240 --> 19:06.240] They haven't actually been formally accused of anything,
[19:06.240 --> 19:08.240] That's why I'm drawing that distinction,
[19:08.240 --> 19:13.240] Because the accused is when there's a, you can't be a defendant if there's not really any charges,
[19:13.240 --> 19:16.240] Nothing to defend against you, but you're a suspect,
[19:16.240 --> 19:19.240] Because somebody's brought you before the magistrate, right?
[19:19.240 --> 19:23.240] And here's the magistrate, he's being a real man,
[19:23.320 --> 19:29.320] He's trying his best to get this lady to understand or to believe him,
[19:29.320 --> 19:32.320] She doesn't believe him either,
[19:32.320 --> 19:36.320] You know, he's telling her the court doesn't have jurisdiction,
[19:36.320 --> 19:39.320] You're right, this is not that, this is something else,
[19:39.320 --> 19:44.320] I do have jurisdiction based on this complaint here,
[19:44.320 --> 19:47.320] And she can't get it, she can't understand,
[19:47.320 --> 19:49.320] This is not a court hearing,
[19:49.400 --> 19:53.400] Yes, you came to a courthouse, and yes, this is where I have my office,
[19:53.400 --> 19:57.400] That's not what this is, this is a probable cause hearing,
[19:57.400 --> 20:01.400] I'm a magistrate, I'm finding probable cause,
[20:01.400 --> 20:05.400] You haven't been bound over to any court, ma'am,
[20:05.400 --> 20:09.400] So I think it's really good for people to notice the distinction there,
[20:09.400 --> 20:15.400] The distinction that this judge was trying so patiently to convey,
[20:15.480 --> 20:20.480] If we would get that, I think people would have fewer concerns
[20:20.480 --> 20:23.480] About the sufficiency of the complaint,
[20:23.480 --> 20:25.480] What do you think?
[20:25.480 --> 20:30.480] I watched the judge, the district judge in Wise County,
[20:30.480 --> 20:33.480] Who I kind of thought was a real stinker,
[20:33.480 --> 20:37.480] Because I had filed a couple of complaints with him,
[20:37.480 --> 20:42.480] And he just ignored them, and wasn't really nice to me,
[20:42.560 --> 20:46.560] But I sat in court with this guy, who wants to represent himself,
[20:46.560 --> 20:49.560] They appointed him a council, but he wants to fire the council,
[20:49.560 --> 20:52.560] That's what this hearing was for,
[20:52.560 --> 20:55.560] And I looked at what was going on,
[20:55.560 --> 20:57.560] The guy's got a couple of DUIs,
[20:57.560 --> 21:02.560] He's been charged a couple of times with beating his wife,
[21:02.560 --> 21:05.560] Spouse of abuse, and they're trying to take his kids away from him,
[21:05.560 --> 21:07.560] And he's just singing the blues,
[21:07.560 --> 21:10.560] But he wants to represent himself,
[21:10.640 --> 21:14.640] And this judge bent over backwards,
[21:14.640 --> 21:17.640] To try to get this guy to accept council,
[21:17.640 --> 21:21.640] I was surprised at the lengths this judge went through,
[21:21.640 --> 21:24.640] He spent 45 minutes trying to talk this guy,
[21:24.640 --> 21:28.640] And at least accept council as co-council,
[21:30.640 --> 21:33.640] Wow, and the guy wouldn't do it,
[21:33.640 --> 21:36.640] And I could see that the judge was frustrated,
[21:36.640 --> 21:39.640] They're not all bad guys,
[21:39.720 --> 21:45.720] We mostly have experience with judges in traffic courts,
[21:47.720 --> 21:50.720] And by far and away,
[21:50.720 --> 21:53.720] They are the pits,
[21:53.720 --> 21:58.720] They are absolutely the worst of the worst,
[21:59.720 --> 22:02.720] Well, because you got this judge sitting here,
[22:02.720 --> 22:06.720] And they hold this hearing, and they got 50 people,
[22:06.800 --> 22:09.800] 50 cases sitting in front of him,
[22:09.800 --> 22:12.800] He don't have time to go through these cases,
[22:12.800 --> 22:15.800] In Texas, the last year I have good numbers for,
[22:15.800 --> 22:22.800] It was 2021, there were 9 million cases filed in Texas,
[22:22.800 --> 22:25.800] 7 million were traffic,
[22:25.800 --> 22:30.800] These judges, they got to find a way to get through all this stuff,
[22:30.880 --> 22:38.880] So they get 99% of the people do not have a clue as to what's going on,
[22:38.880 --> 22:40.880] So they just blow them off,
[22:40.880 --> 22:43.880] And then when they come by somebody who does have a clue,
[22:43.880 --> 22:46.880] They just blow them off too,
[22:46.880 --> 22:53.880] And what we're trying to do is get this 3% who are willing to stand up to them,
[22:53.880 --> 22:58.880] To kick their butts every way from Sunday,
[22:58.960 --> 23:01.960] And that's why we built this lawsuit,
[23:01.960 --> 23:04.960] Show them how to file criminal complaints,
[23:06.960 --> 23:09.960] But with that said,
[23:09.960 --> 23:13.960] Once you get past the traffic court,
[23:13.960 --> 23:18.960] And get into outside of an inferior court,
[23:18.960 --> 23:19.960] Justice of the peace,
[23:19.960 --> 23:22.960] And municipal courts are inferior courts,
[23:22.960 --> 23:27.960] Those are courts who can be ruled over by non-lawyers,
[23:28.040 --> 23:31.040] That's why they call them inferior,
[23:31.040 --> 23:34.040] Because the judge is not necessarily a lawyer,
[23:34.040 --> 23:37.040] A lot of these JP's are actually lawyers,
[23:37.040 --> 23:44.040] But the court is inferior because it can be ruled over by a non-lawyer,
[23:44.040 --> 23:48.040] Superior courts is a county and the district,
[23:48.040 --> 23:51.040] Once you get into the county and district courts,
[23:51.040 --> 23:54.040] It's a whole other animal,
[23:54.120 --> 24:02.120] These judges, they're not so buried in cases that they can't get to anything,
[24:02.120 --> 24:05.120] And if you treat them with dignity and respect,
[24:05.120 --> 24:07.120] They tend to do the same thing,
[24:07.120 --> 24:10.120] They're used to dealing with lawyers,
[24:10.120 --> 24:18.120] And lawyers and judges treat one another with a high level of dignity and respect,
[24:18.120 --> 24:22.120] So the judge is used to acting with dignity and respect,
[24:22.200 --> 24:29.200] So if you come into the court and you are respectful in your manner,
[24:29.200 --> 24:31.200] You'll get the same thing back,
[24:31.200 --> 24:34.200] You won't always get the ruling you want,
[24:34.200 --> 24:37.200] But then again if you're a judge,
[24:37.200 --> 24:44.200] And you're absolutely ruled strictly by the law and do everything right,
[24:44.200 --> 24:47.200] In every case somebody's not going to be happy with you,
[24:47.200 --> 24:51.200] Whoever doesn't win is not going to be happy,
[24:51.280 --> 24:54.280] So it comes with the territory,
[24:54.280 --> 25:02.280] But I assure all of you once you get above class C misdemeanor into the higher courts,
[25:02.280 --> 25:05.280] It is a whole different animal,
[25:05.280 --> 25:08.280] If you're careful and get your wits about you,
[25:08.280 --> 25:10.280] You can get justice there,
[25:10.280 --> 25:13.280] Sometimes it's harder if you're pro se,
[25:13.360 --> 25:20.360] But if we can get a group of people who will stand up to these guys,
[25:20.360 --> 25:23.360] And take the law to them,
[25:23.360 --> 25:25.360] Things will get a lot better,
[25:25.360 --> 25:29.360] And I'm working on a couple of things in that regard,
[25:29.360 --> 25:38.360] Have probable cause determinations back in the bench book,
[25:38.440 --> 25:41.440] So now what Brett is doing,
[25:41.440 --> 25:44.440] And what I'm trying to follow Brett in doing,
[25:44.440 --> 25:51.440] Is get them to do the probable cause hearing in accordance with chapter 16,
[25:51.440 --> 25:54.440] Right now they're just,
[25:54.440 --> 25:58.440] It just tells them to find probable cause,
[25:58.440 --> 26:01.440] And then state in a loud voice I find probable cause,
[26:01.440 --> 26:04.440] Well that's BS,
[26:04.440 --> 26:07.440] But at least they're having the hearing,
[26:07.520 --> 26:09.520] They're not saying you don't have a right to one,
[26:09.520 --> 26:13.520] To a probable cause hearing in a misdemeanor like they have been,
[26:13.520 --> 26:14.520] All that stuff,
[26:14.520 --> 26:16.520] That's barely better though,
[26:16.520 --> 26:22.520] To go from no hearing to the hearing consisting of,
[26:22.520 --> 26:24.520] I find probable cause,
[26:24.520 --> 26:28.520] That's just barely, barely a step in the right direction,
[26:28.520 --> 26:32.520] They might as well go ahead and have a trial on the merits,
[26:32.520 --> 26:34.520] And as soon as you walk in there they say,
[26:34.600 --> 26:35.600] I hear might find you guilty,
[26:35.600 --> 26:36.600] No, no,
[26:36.600 --> 26:37.600] You're on reasonable doubt,
[26:37.600 --> 26:38.600] No, no,
[26:38.600 --> 26:42.600] I was watching this Judge Flashman in Houston,
[26:42.600 --> 26:44.600] And he's doing it wrong,
[26:44.600 --> 26:46.600] But he is doing it,
[26:46.600 --> 26:47.600] He's asking,
[26:47.600 --> 26:49.600] Why did you stop this guy,
[26:49.600 --> 26:51.600] Why did you arrest him for resisting,
[26:51.600 --> 26:52.600] Hang on,
[26:52.600 --> 26:55.600] We'll be right back,
[26:55.600 --> 26:56.600] Good.
[27:00.600 --> 27:02.600] Businesses ask you for a lot of personal information,
[27:02.680 --> 27:04.680] And you may trust them to keep it safe,
[27:04.680 --> 27:07.680] But it turns out that even the most trusted companies,
[27:07.680 --> 27:09.680] May be unwittingly revealing your secrets,
[27:09.680 --> 27:11.680] I'm Dr. Catherine Albrecht,
[27:11.680 --> 27:13.680] And I'll be right back with details.
[27:13.680 --> 27:15.680] Privacy is under attack,
[27:15.680 --> 27:17.680] When you give up data about yourself,
[27:17.680 --> 27:19.680] You'll never get it back again,
[27:19.680 --> 27:21.680] And once your privacy is gone,
[27:21.680 --> 27:23.680] You'll find your freedoms will start to vanish too,
[27:23.680 --> 27:25.680] So protect your rights,
[27:25.680 --> 27:27.680] Say no to surveillance,
[27:27.680 --> 27:29.680] And keep your information to yourself,
[27:29.680 --> 27:30.680] Privacy,
[27:30.680 --> 27:31.680] It's worth hanging on to,
[27:31.760 --> 27:33.760] This public service announcement,
[27:33.760 --> 27:35.760] Is brought to you by Startpage.com,
[27:35.760 --> 27:37.760] The private search engine alternative,
[27:37.760 --> 27:39.760] To Google, Yahoo, and Bing,
[27:39.760 --> 27:41.760] Start over with Startpage.
[27:43.760 --> 27:45.760] Data privacy is a big deal,
[27:45.760 --> 27:47.760] So nearly every company has a policy,
[27:47.760 --> 27:49.760] Explaining how they handle your personal information,
[27:49.760 --> 27:52.760] But what happens if it escapes their control?
[27:52.760 --> 27:54.760] It's not an idle question,
[27:54.760 --> 27:56.760] According to a recent survey,
[27:56.760 --> 27:58.760] A shocking 90% of US companies,
[27:58.760 --> 28:00.760] Admit their security was breached by hackers,
[28:00.840 --> 28:02.840] In the last year.
[28:02.840 --> 28:04.840] That's one more reason you should trust your searches,
[28:04.840 --> 28:06.840] To Startpage.com.
[28:06.840 --> 28:08.840] Unlike other search engines,
[28:08.840 --> 28:10.840] Startpage doesn't store any data on you.
[28:10.840 --> 28:12.840] They've never been hacked,
[28:12.840 --> 28:14.840] But even if they were,
[28:14.840 --> 28:16.840] There would be nothing for criminals to see,
[28:16.840 --> 28:18.840] The cupboard would be bare.
[28:18.840 --> 28:20.840] Too bad other companies don't treat your data the same way.
[28:20.840 --> 28:22.840] I'm Dr. Catherine Albrecht,
[28:22.840 --> 28:24.840] More news and information at CatherineAlbrecht.com
[28:24.920 --> 28:26.920] I lost my son.
[28:26.920 --> 28:28.920] My nephew.
[28:28.920 --> 28:30.920] My uncle.
[28:30.920 --> 28:32.920] My son.
[28:32.920 --> 28:34.920] On September 11th, 2001.
[28:34.920 --> 28:36.920] Most people don't know that a third tower fell on September 11th.
[28:36.920 --> 28:38.920] World Trade Center 7,
[28:38.920 --> 28:40.920] A 47-story skyscraper,
[28:40.920 --> 28:42.920] Was not hit by a plane.
[28:42.920 --> 28:44.920] Although the official explanation is that fire brought down Building 7,
[28:44.920 --> 28:46.920] Over 1,200 architects and engineers
[28:46.920 --> 28:48.920] Have looked into the evidence
[28:48.920 --> 28:50.920] And believe there is more to the story.
[28:50.920 --> 28:52.920] Bring justice to my son.
[28:52.920 --> 28:53.920] My uncle.
[28:54.000 --> 28:55.000] My nephew.
[28:55.000 --> 28:56.000] My son.
[28:56.000 --> 28:58.000] Go to buildingwhat.org.
[28:58.000 --> 28:59.000] Why it fell.
[28:59.000 --> 29:00.000] Why it matters.
[29:00.000 --> 29:02.000] And what you can do.
[29:02.000 --> 29:04.000] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[29:04.000 --> 29:06.000] In today's America, we live in an us-against-them society,
[29:06.000 --> 29:08.000] And if we the people are ever going to have a free society,
[29:08.000 --> 29:10.000] Then we're going to have to stand and defend our own rights.
[29:10.000 --> 29:12.000] Among those rights are the right to travel freely from place to place,
[29:12.000 --> 29:14.000] The right to act in our own private capacity,
[29:14.000 --> 29:16.000] And most importantly,
[29:16.000 --> 29:18.000] The right to due process of law.
[29:18.000 --> 29:20.000] Traffic courts afford us the least expensive opportunity
[29:20.000 --> 29:22.000] To learn how to enforce and preserve our rights
[29:22.080 --> 29:24.080] Through due process.
[29:24.080 --> 29:26.080] Former Sheriff's Deputy Eddie Craig,
[29:26.080 --> 29:28.080] In conjunction with Rule of Law Radio,
[29:28.080 --> 29:30.080] Has put together the most comprehensive teaching tool available
[29:30.080 --> 29:32.080] That will help you understand what due process is
[29:32.080 --> 29:34.080] And how to hold courts to the rule of law.
[29:34.080 --> 29:36.080] You can get your own copy of this invaluable material
[29:36.080 --> 29:38.080] By going to ruleoflawradio.com
[29:38.080 --> 29:40.080] And ordering your copy today.
[29:40.080 --> 29:42.080] By ordering now, you'll receive a copy of Eddie's book,
[29:42.080 --> 29:44.080] The Texas Transportation Code,
[29:44.080 --> 29:46.080] The Law Versus the Lie,
[29:46.080 --> 29:48.080] Video and audio of the original 2009 seminar,
[29:48.080 --> 29:50.080] Hundreds of research documents and other useful resource material.
[29:50.160 --> 29:52.160] Learn how to fight for your rights with the help of this material
[29:52.160 --> 29:54.160] From ruleoflawradio.com
[29:54.160 --> 29:56.160] Order your copy today and together we can have
[29:56.160 --> 29:58.160] The free society we all want and deserve.
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[38:40.240 --> 38:42.240] I wonder how much of that was
[38:42.240 --> 38:44.240] actually, there was some actual
[38:44.240 --> 38:45.240] truth to that.
[38:45.240 --> 38:46.240] When I filed-
[38:46.240 --> 38:48.240] You know, I never thought of that.
[38:48.240 --> 38:51.240] When I filed suit, they said that
[38:51.240 --> 38:54.240] the constable in the precinct
[38:54.240 --> 38:57.240] where the defendant lived is the
[38:57.240 --> 39:00.240] one that had to serve it.
[39:00.240 --> 39:02.240] So somebody gave it to the wrong
[39:02.240 --> 39:03.240] constable.
[39:03.240 --> 39:06.240] So essentially he was right, but
[39:06.240 --> 39:09.240] that just went to their practice.
[39:09.240 --> 39:11.240] He got it, so he still had to
[39:11.240 --> 39:13.240] serve it no matter where it was
[39:13.240 --> 39:14.240] at.
[39:14.240 --> 39:17.240] So good, so the judge doesn't want
[39:17.240 --> 39:19.240] to follow the rules.
[39:19.240 --> 39:24.240] In 35 minutes, he gets sued.
[39:24.240 --> 39:28.240] Folks, we have the power to change
[39:28.240 --> 39:31.240] things.
[39:31.240 --> 39:32.240] This is how we do it.
[39:32.240 --> 39:34.240] The next suit I'll make up-
[39:34.240 --> 39:36.240] I should have gotten another leg
[39:36.240 --> 39:37.240] up on you.
[39:37.240 --> 39:38.240] I should have made my suit for
[39:38.240 --> 39:43.240] $19,001 right here.
[39:43.240 --> 39:44.240] Well, you might start having
[39:44.240 --> 39:46.240] enough of them that you need to do
[39:46.240 --> 39:47.240] something like that to keep them
[39:47.240 --> 39:48.240] separate, to keep track of which
[39:48.240 --> 39:50.240] one's which.
[39:50.240 --> 39:54.240] Oh, that's not a bad idea.
[39:54.240 --> 39:58.240] I've been doing this for 30 years,
[39:58.240 --> 40:01.240] trying to find a way to get things
[40:01.240 --> 40:02.240] changed.
[40:02.240 --> 40:04.240] Okay, that big lawsuit they
[40:04.240 --> 40:07.240] threw out, that kind of prided
[40:07.240 --> 40:11.240] them off dead center.
[40:11.240 --> 40:13.240] Now, all we need is a little
[40:13.240 --> 40:15.240] follow-through.
[40:15.240 --> 40:17.240] And once we've started suing them
[40:17.240 --> 40:19.240] a little bit, if I can get the
[40:19.240 --> 40:20.240] county I'm living in to do it
[40:20.240 --> 40:24.240] right, and they've got reason to.
[40:24.240 --> 40:28.240] The one I sued, I sued this guy
[40:28.240 --> 40:31.240] in my local JP court for not
[40:31.240 --> 40:33.240] issuing warrants on these two
[40:33.240 --> 40:34.240] complaints.
[40:34.240 --> 40:38.240] When I gave it to the JP, she
[40:38.240 --> 40:39.240] recognized those complaints
[40:39.240 --> 40:41.240] because I'd already given them to
[40:41.240 --> 40:43.240] her, and she refused to issue
[40:43.240 --> 40:45.240] warrants.
[40:45.240 --> 40:47.240] I hadn't sued her yet.
[40:47.240 --> 40:48.240] Hang on, Radio Kelt and Brett
[40:48.240 --> 40:51.240] Fountain, Real Blow Radio, we'll
[40:51.240 --> 40:54.240] be right back.
[40:54.240 --> 40:56.240] How much time we got?
[40:56.240 --> 40:59.240] I'm talking about you.
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[41:16.240 --> 41:17.240] claims cost?
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[41:20.240 --> 41:22.240] IRS approved preventative health
[41:22.240 --> 41:25.240] plan that provides your employees
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[41:46.240 --> 41:48.240] working capital, market resale
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[41:50.240 --> 41:51.240] credit.
[41:51.240 --> 41:56.240] Call Scott at 214-730-2471
[41:56.240 --> 41:59.240] or dallasmms.com.
[41:59.240 --> 42:01.240] Are you the plaintiff or
[42:01.240 --> 42:03.240] defendant in a lawsuit?
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[42:55.240 --> 42:57.240] the banner or call toll-free
[42:57.240 --> 42:59.240] 866-LAW-EASY.
[43:27.240 --> 43:29.240] Okay, we are back.
[43:29.240 --> 43:31.240] Randy Kelton, Brett Fountain,
[43:31.240 --> 43:33.240] Wheel of Law Radio, and we're
[43:33.240 --> 43:35.240] talking to Yosef in Texas.
[43:35.240 --> 43:37.240] Okay.
[43:37.240 --> 43:39.240] So, you got him
[43:39.240 --> 43:41.240] served,
[43:41.240 --> 43:43.240] then you went to court today,
[43:43.240 --> 43:45.240] then you went to court today,
[43:45.240 --> 43:47.240] then you went to court today,
[43:47.240 --> 43:49.240] then you went to court today,
[43:49.240 --> 43:51.240] then you went to court today,
[43:51.240 --> 43:53.240] then you went to court today,
[43:53.240 --> 43:55.240] then you went to court today,
[43:55.240 --> 43:57.240] and they
[43:57.240 --> 43:59.240] summoned you to court
[43:59.240 --> 44:01.240] and they summoned you to court
[44:01.240 --> 44:03.240] for what?
[44:03.240 --> 44:05.240] They didn't hear your motions.
[44:05.240 --> 44:07.240] He had the stock motions
[44:07.240 --> 44:09.240] off a traffic site filed.
[44:09.240 --> 44:11.240] So, why did they
[44:11.240 --> 44:13.240] order you to court?
[44:13.240 --> 44:15.240] It was a confer
[44:15.240 --> 44:17.240] with the prosecuting
[44:17.240 --> 44:19.240] authority.
[44:19.240 --> 44:21.240] It was a transfer
[44:21.240 --> 44:23.240] with the prosecuting authority.
[44:23.240 --> 44:25.240] It was a confer with the prosecuting
[44:25.240 --> 44:27.240] attorney disguised as a pre-trial.
[44:27.240 --> 44:29.240] Uh-oh.
[44:29.240 --> 44:31.240] So, you pulled out
[44:31.240 --> 44:33.240] the page that was just for that?
[44:35.240 --> 44:37.240] Have you read
[44:37.240 --> 44:39.240] 28.01 Texas
[44:39.240 --> 44:41.240] Code of Criminal Procedure?
[44:41.240 --> 44:43.240] I did.
[44:43.240 --> 44:45.240] Well, I looked over it,
[44:45.240 --> 44:47.240] and I didn't realize, I didn't
[44:47.240 --> 44:49.240] understand exactly what
[44:49.240 --> 44:51.240] the game plan was, what the playbook
[44:51.240 --> 44:53.240] should have been for that situation.
[44:53.240 --> 44:55.240] I'm still new to this.
[44:55.240 --> 44:57.240] But what they ended up doing was
[44:57.240 --> 44:59.240] they said, hey, you can talk with the
[44:59.240 --> 45:01.240] prosecutor. I said, I don't want to talk
[45:01.240 --> 45:03.240] with the prosecutor. I'm here for a pre-trial.
[45:03.240 --> 45:05.240] They said, well,
[45:05.240 --> 45:07.240] hold on just a minute.
[45:07.240 --> 45:09.240] So, the guy worked on his computer
[45:09.240 --> 45:11.240] there for a minute and said, hey, since you've submitted
[45:11.240 --> 45:13.240] motions, we'll set you up for a
[45:13.240 --> 45:15.240] motion hearing.
[45:15.240 --> 45:17.240] And so, that got
[45:17.240 --> 45:19.240] set on in
[45:19.240 --> 45:21.240] court.
[45:21.240 --> 45:23.240] Okay, let me read
[45:23.240 --> 45:25.240] 28.01 to everyone.
[45:25.240 --> 45:27.240] The court may set
[45:27.240 --> 45:29.240] any criminal case for a
[45:29.240 --> 45:31.240] pre-trial hearing before
[45:31.240 --> 45:33.240] it is set for trial upon its merits
[45:33.240 --> 45:35.240] and direct the defendant
[45:35.240 --> 45:37.240] and his attorney, if
[45:37.240 --> 45:39.240] any of record, and the state's
[45:39.240 --> 45:41.240] attorney to appear before the court
[45:41.240 --> 45:43.240] at the time and place stated in the
[45:43.240 --> 45:45.240] court's order for a
[45:45.240 --> 45:47.240] conference and hearing.
[45:47.240 --> 45:49.240] The defendant must be present at the
[45:49.240 --> 45:51.240] arraignment and his presence is
[45:51.240 --> 45:53.240] required during any pre-trial
[45:53.240 --> 45:55.240] proceeding. The pre-trial
[45:55.240 --> 45:57.240] hearing shall be
[45:57.240 --> 45:59.240] to determine any of
[45:59.240 --> 46:01.240] the following matters.
[46:01.240 --> 46:03.240] An arraignment of the defendant,
[46:03.240 --> 46:05.240] which you can't
[46:05.240 --> 46:07.240] do in a
[46:07.240 --> 46:09.240] Class C misdemeanor.
[46:09.240 --> 46:11.240] Brett and I still have a little argument
[46:11.240 --> 46:13.240] about that. That's questionable, but
[46:13.240 --> 46:15.240] that's not what they said here.
[46:15.240 --> 46:17.240] Okay, the other things are
[46:17.240 --> 46:19.240] pleadings of the defendant, special
[46:19.240 --> 46:21.240] pleas, exceptions to the
[46:21.240 --> 46:23.240] form or substance of the indictment.
[46:23.240 --> 46:25.240] You had that.
[46:25.240 --> 46:27.240] You had a
[46:27.240 --> 46:29.240] plea to the jurisdiction.
[46:29.240 --> 46:31.240] You had an exception to the form
[46:31.240 --> 46:33.240] of the substance of the indictment
[46:33.240 --> 46:35.240] or information.
[46:35.240 --> 46:37.240] You demanded an indictment
[46:37.240 --> 46:39.240] because there wasn't one.
[46:39.240 --> 46:41.240] Motions for continuance, either
[46:41.240 --> 46:43.240] by the state or the defendant, motions
[46:43.240 --> 46:45.240] to suppress evidence, motions
[46:45.240 --> 46:47.240] for change of venue,
[46:47.240 --> 46:49.240] discovery, entrapment,
[46:49.240 --> 46:51.240] motion for appointment
[46:51.240 --> 46:53.240] of interpreter,
[46:53.240 --> 46:55.240] and that's it.
[46:55.240 --> 46:57.240] All of those.
[46:57.240 --> 46:59.240] The March hearing, if they're doing a
[46:59.240 --> 47:01.240] pre-trial to hear your motions
[47:01.240 --> 47:03.240] to dismiss for whatever,
[47:03.240 --> 47:05.240] then the March hearing
[47:05.240 --> 47:07.240] could be legitimate according to this
[47:07.240 --> 47:09.240] 2801. But out of all the stuff
[47:09.240 --> 47:11.240] that Randy just read,
[47:11.240 --> 47:13.240] what are they trying to say
[47:13.240 --> 47:15.240] that was? How did they drag
[47:15.240 --> 47:17.240] you in here in January
[47:17.240 --> 47:19.240] and call that a pre-trial hearing?
[47:21.240 --> 47:23.240] What could they point to in
[47:23.240 --> 47:25.240] 2801 that says, oh, here's
[47:25.240 --> 47:27.240] our legitimate reason for having you
[47:27.240 --> 47:29.240] here today?
[47:31.240 --> 47:33.240] Anything?
[47:37.240 --> 47:39.240] Are you there, Joseph?
[47:41.240 --> 47:43.240] Here it is, though.
[47:43.240 --> 47:45.240] We lost him. We probably lost
[47:45.240 --> 47:47.240] him when he spoke
[47:47.240 --> 47:49.240] after the outro.
[47:51.240 --> 47:53.240] Oh, surely he wouldn't do such
[47:53.240 --> 47:55.240] a thing.
[47:57.240 --> 47:59.240] I thought people knew better.
[48:01.240 --> 48:03.240] He should be prosecuted
[48:03.240 --> 48:05.240] to the fullest extent of the law.
[48:05.240 --> 48:07.240] What kind of chump
[48:07.240 --> 48:09.240] is that?
[48:09.240 --> 48:11.240] So he dropped off.
[48:13.240 --> 48:15.240] Maybe he'll call back.
[48:15.240 --> 48:17.240] Maybe not since we picked on him.
[48:17.240 --> 48:19.240] Well, the point here is
[48:19.240 --> 48:21.240] what happened with him
[48:21.240 --> 48:23.240] is what happens to a lot of people.
[48:23.240 --> 48:25.240] They get dragged in
[48:25.240 --> 48:27.240] basically to get
[48:27.240 --> 48:29.240] subjected to a prosecutor's
[48:29.240 --> 48:31.240] pressure. The prosecutor
[48:31.240 --> 48:33.240] wants you to do
[48:33.240 --> 48:35.240] some kind of a plea bargain thing
[48:35.240 --> 48:37.240] where you're going to plead guilty to
[48:37.240 --> 48:39.240] something lesser than all this scary stuff
[48:39.240 --> 48:41.240] they've put in front of you.
[48:41.240 --> 48:43.240] They tell you how scary this particular judge
[48:43.240 --> 48:45.240] is and how hard he is on crime
[48:45.240 --> 48:47.240] and everything.
[48:47.240 --> 48:49.240] They'll tell you
[48:49.240 --> 48:51.240] how bad it is
[48:51.240 --> 48:53.240] to have a criminal record can ruin
[48:53.240 --> 48:55.240] the rest of your life and they make
[48:55.240 --> 48:57.240] it look like, boy,
[48:57.240 --> 48:59.240] you've got a good chance
[48:59.240 --> 49:01.240] here if all you do is just plead
[49:01.240 --> 49:03.240] to this and you'll just have a misdemeanor
[49:03.240 --> 49:05.240] and if you do a
[49:05.240 --> 49:07.240] 90-day probation,
[49:07.240 --> 49:09.240] man, it won't go on your record.
[49:09.240 --> 49:11.240] You could just, this is,
[49:11.240 --> 49:13.240] you should take this.
[49:13.240 --> 49:15.240] They'll put this pressure on you.
[49:15.240 --> 49:17.240] They call it a pretrial, but it's not.
[49:17.240 --> 49:19.240] All it is
[49:19.240 --> 49:21.240] is a game.
[49:21.240 --> 49:23.240] It's a let's make a deal.
[49:25.240 --> 49:27.240] So then the prosecutor is there, the judge
[49:27.240 --> 49:29.240] is not. The prosecutor is
[49:29.240 --> 49:31.240] pressuring the person
[49:31.240 --> 49:33.240] who hasn't even been formally charged
[49:33.240 --> 49:35.240] with anything, but they kind of skip that step
[49:35.240 --> 49:37.240] and they'll talk about it.
[49:37.240 --> 49:39.240] And they act like
[49:39.240 --> 49:41.240] is he back?
[49:41.240 --> 49:43.240] In your case, was a judge there?
[49:45.240 --> 49:47.240] Yes.
[49:47.240 --> 49:49.240] We had a judge.
[49:49.240 --> 49:51.240] Okay, so you did have a judge.
[49:51.240 --> 49:53.240] So now you need to go to another
[49:53.240 --> 49:55.240] JP
[49:55.240 --> 49:57.240] with a
[49:57.240 --> 49:59.240] complaint against this judge
[49:59.240 --> 50:01.240] for simulating a legal process.
[50:03.240 --> 50:05.240] Ha ha ha!
[50:07.240 --> 50:09.240] He called you to a hearing
[50:09.240 --> 50:11.240] that he's not allowed to call
[50:11.240 --> 50:13.240] you for.
[50:19.240 --> 50:21.240] I don't hear you jumping up and down clapping
[50:21.240 --> 50:23.240] your hands.
[50:23.240 --> 50:25.240] Oh, I'm having audio issues
[50:25.240 --> 50:27.240] here.
[50:27.240 --> 50:29.240] You know why you're having audio issues.
[50:29.240 --> 50:31.240] That's what
[50:31.240 --> 50:33.240] the system does if you speak
[50:33.240 --> 50:35.240] after I've done an outro.
[50:35.240 --> 50:37.240] That's why you're having those
[50:37.240 --> 50:39.240] problems.
[50:39.240 --> 50:41.240] Yeah.
[50:41.240 --> 50:43.240] Yeah, so he's
[50:43.240 --> 50:45.240] trying to say it's not your fault.
[50:45.240 --> 50:47.240] He's trying to say it's your fault that we didn't
[50:47.240 --> 50:49.240] mute you.
[50:49.240 --> 50:51.240] No, no, no. We, what's this we?
[50:55.240 --> 50:57.240] Okay.
[50:57.240 --> 50:59.240] Anyway, that's
[50:59.240 --> 51:01.240] the next natural step.
[51:03.240 --> 51:05.240] Or go to the
[51:05.240 --> 51:07.240] same magistrate
[51:07.240 --> 51:09.240] with a complaint
[51:09.240 --> 51:11.240] against this judge.
[51:11.240 --> 51:13.240] What do you think he'll do?
[51:13.240 --> 51:15.240] The one you
[51:15.240 --> 51:17.240] already sued.
[51:17.240 --> 51:19.240] I don't know, but it's going to be good
[51:19.240 --> 51:21.240] entertainment either way.
[51:21.240 --> 51:23.240] Ah, that'd be great.
[51:25.240 --> 51:27.240] He's going to want to recuse
[51:27.240 --> 51:29.240] himself and you're going to say,
[51:29.240 --> 51:31.240] why would you recuse yourself?
[51:33.240 --> 51:35.240] On what grounds?
[51:35.240 --> 51:37.240] I'm invoking
[51:37.240 --> 51:39.240] your duty as a magistrate.
[51:39.240 --> 51:41.240] You're required
[51:41.240 --> 51:43.240] to do this duty.
[51:43.240 --> 51:45.240] You have
[51:45.240 --> 51:47.240] this duty involves no
[51:47.240 --> 51:49.240] discretion.
[51:49.240 --> 51:51.240] So you can't be
[51:51.240 --> 51:53.240] construed to be biased.
[51:53.240 --> 51:55.240] This is an administrative duty.
[51:57.240 --> 51:59.240] Ooh,
[51:59.240 --> 52:01.240] this should make him crazy.
[52:03.240 --> 52:05.240] Yeah. Well,
[52:05.240 --> 52:07.240] I am, I'm going to have a lot of fun
[52:07.240 --> 52:09.240] with that. I do want to say thank
[52:09.240 --> 52:11.240] you, Brett, for covering
[52:11.240 --> 52:13.240] the hearsay complaint
[52:13.240 --> 52:15.240] detail at the beginning of the show.
[52:15.240 --> 52:17.240] I'll catch that in the replay.
[52:17.240 --> 52:19.240] But thank you so much for covering that.
[52:19.240 --> 52:21.240] I'll let you guys go and have a good night.
[52:21.240 --> 52:23.240] Yeah, you're welcome.
[52:23.240 --> 52:25.240] But I got to rub it in one more time.
[52:25.240 --> 52:27.240] So, Nanna, Randy,
[52:27.240 --> 52:29.240] my JP got there before yours.
[52:31.240 --> 52:33.240] Okay, that's how you're going to be about it.
[52:35.240 --> 52:37.240] That'll work. If anybody else
[52:37.240 --> 52:39.240] wants to one-up me,
[52:39.240 --> 52:41.240] you are absolutely welcome.
[52:43.240 --> 52:45.240] We get people suing judges.
[52:45.240 --> 52:47.240] It costs, what, $54
[52:47.240 --> 52:49.240] to file a
[52:49.240 --> 52:51.240] small claim suit.
[52:53.240 --> 52:55.240] So, we pay them $54,
[52:55.240 --> 52:57.240] and then we,
[52:57.240 --> 52:59.240] you go to the
[52:59.240 --> 53:01.240] post office,
[53:01.240 --> 53:03.240] and you get a registered mail
[53:03.240 --> 53:05.240] return receipt.
[53:05.240 --> 53:07.240] You address it to
[53:07.240 --> 53:09.240] the defendant.
[53:09.240 --> 53:11.240] You put the clerk's
[53:11.240 --> 53:13.240] information
[53:13.240 --> 53:15.240] as a return address.
[53:15.240 --> 53:17.240] You pay this postage.
[53:17.240 --> 53:19.240] Take the envelope
[53:19.240 --> 53:21.240] with you when you file the suit.
[53:21.240 --> 53:23.240] You give it to
[53:23.240 --> 53:25.240] the clerk and say,
[53:25.240 --> 53:27.240] here, I
[53:27.240 --> 53:29.240] want you to serve
[53:29.240 --> 53:31.240] the defendant in accordance
[53:31.240 --> 53:33.240] with Texas
[53:33.240 --> 53:35.240] Rules of Civil Procedure
[53:35.240 --> 53:37.240] 501.2
[53:37.240 --> 53:39.240] paragraph
[53:39.240 --> 53:41.240] C.
[53:41.240 --> 53:43.240] Stamp this
[53:43.240 --> 53:45.240] copy, put it in this envelope,
[53:45.240 --> 53:47.240] and send it to him.
[53:49.240 --> 53:51.240] Piece of cake.
[53:51.240 --> 53:53.240] And if she says no,
[53:53.240 --> 53:55.240] blah, blah, blah, you need
[53:55.240 --> 53:57.240] to get me a bailiff in here.
[53:57.240 --> 53:59.240] Because you're
[53:59.240 --> 54:01.240] next.
[54:03.240 --> 54:05.240] So, do I sound happy
[54:05.240 --> 54:07.240] about this?
[54:07.240 --> 54:09.240] I think we found
[54:09.240 --> 54:11.240] the answer. I think we found the solution.
[54:11.240 --> 54:13.240] Brett,
[54:13.240 --> 54:15.240] you're a magistrate.
[54:15.240 --> 54:17.240] Somebody comes and
[54:17.240 --> 54:19.240] pulls this crap on you.
[54:19.240 --> 54:21.240] What do you do?
[54:21.240 --> 54:23.240] I'm immediately going to go
[54:23.240 --> 54:25.240] over to my wall
[54:25.240 --> 54:27.240] where I've got all those books
[54:27.240 --> 54:29.240] that look pretty on the book shelf
[54:29.240 --> 54:31.240] that I've never opened.
[54:31.240 --> 54:33.240] The ones that I swore I would
[54:33.240 --> 54:35.240] follow, and I'm going to find in
[54:35.240 --> 54:37.240] there where it's not my
[54:37.240 --> 54:39.240] responsibility to do that stuff.
[54:39.240 --> 54:41.240] And dadgummit, I'm going to have
[54:41.240 --> 54:43.240] a good defense against
[54:43.240 --> 54:45.240] this frivolous lawsuit.
[54:45.240 --> 54:47.240] Then I'm going to crack that thing
[54:47.240 --> 54:49.240] open, blow the dust off of it,
[54:49.240 --> 54:51.240] and I'm going to realize, uh-oh.
[54:51.240 --> 54:53.240] No,
[54:53.240 --> 54:55.240] that's not what you're going to do.
[54:55.240 --> 54:57.240] You're going to go to the county attorney
[54:57.240 --> 54:59.240] or the city attorney
[54:59.240 --> 55:01.240] and say, here,
[55:01.240 --> 55:03.240] fix this for me.
[55:05.240 --> 55:07.240] Didn't we
[55:07.240 --> 55:09.240] really land on them?
[55:09.240 --> 55:11.240] Because they can't do that.
[55:11.240 --> 55:13.240] They're resuiting their personal capacity.
[55:13.240 --> 55:15.240] They're not going to know that.
[55:15.240 --> 55:17.240] They think they're all protected.
[55:19.240 --> 55:21.240] If it's a JP, they'll go to the county attorney.
[55:21.240 --> 55:23.240] Do you file
[55:23.240 --> 55:25.240] a motion to strike
[55:25.240 --> 55:27.240] and a motion for default
[55:27.240 --> 55:29.240] judgment?
[55:29.240 --> 55:31.240] Oh, this is going to be so
[55:31.240 --> 55:33.240] good. Hang on.
[55:33.240 --> 55:35.240] Randy Kelton, Brett Fountain, Wheel of Law Radio.
[55:35.240 --> 55:39.240] Call in number 512-646-1984.
[55:39.240 --> 55:41.240] We've got room on the board.
[55:41.240 --> 55:43.240] We've got time for a couple of callers.
[55:43.240 --> 55:45.240] So if you have a question or comment,
[55:45.240 --> 55:47.240] give us a call. We'll be right
[55:47.240 --> 55:49.240] back.
[55:49.240 --> 55:51.240] The Bible remains the most
[55:51.240 --> 55:53.240] popular book in the world.
[55:53.240 --> 55:55.240] Yet countless readers are frustrated
[55:55.240 --> 55:57.240] because they struggle to understand it.
[55:57.240 --> 55:59.240] Some new translations try to
[55:59.240 --> 56:01.240] help by simplifying the text,
[56:01.240 --> 56:03.240] but in the process can compromise
[56:03.240 --> 56:05.240] the profound meaning of the scripture.
[56:05.240 --> 56:07.240] Enter the recovery
[56:07.240 --> 56:09.240] version. First, this new
[56:09.240 --> 56:11.240] translation is extremely
[56:11.240 --> 56:13.240] faithful and accurate, but the real
[56:13.240 --> 56:15.240] story is the more than 9,000
[56:15.240 --> 56:17.240] explanatory footnotes.
[56:17.240 --> 56:19.240] Difficult and profound passages
[56:19.240 --> 56:21.240] are opened up in a marvelous way,
[56:21.240 --> 56:23.240] providing an entrance into the
[56:23.240 --> 56:25.240] riches of the word beyond which you've
[56:25.240 --> 56:27.240] ever experienced before.
[56:27.240 --> 56:29.240] Bibles for America would like to give
[56:29.240 --> 56:31.240] you a free recovery version simply
[56:31.240 --> 56:33.240] for the asking. This comprehensive
[56:33.240 --> 56:35.240] yet compact study Bible
[56:35.240 --> 56:37.240] is yours just by calling us toll
[56:37.240 --> 56:39.240] free at
[56:39.240 --> 56:41.240] 1-888-551-0102
[56:41.240 --> 56:43.240] or by ordering
[56:43.240 --> 56:45.240] online at
[56:45.240 --> 56:47.240] freestudybible.com
[56:47.240 --> 56:49.240] that's freestudybible.com
[56:51.240 --> 56:53.240] You're listening to the
[56:53.240 --> 56:55.240] Logos Radio Network
[56:55.240 --> 56:57.240] at
[56:57.240 --> 56:59.240] logosradionetwork.com
[57:01.240 --> 57:03.240] The Bill of Rights contains the first
[57:03.240 --> 57:05.240] 10 amendments of our Constitution.
[57:05.240 --> 57:07.240] They guarantee the specific freedoms Americans
[57:07.240 --> 57:09.240] should know and protect. Our liberty
[57:09.240 --> 57:11.240] depends on it. I'm Dr. Catherine
[57:11.240 --> 57:13.240] Albrecht and I'll be right back with an unforgettable
[57:13.240 --> 57:15.240] way to remember one of your constitutional
[57:15.240 --> 57:17.240] rights. Privacy
[57:17.240 --> 57:19.240] is under attack. When you give up
[57:19.240 --> 57:21.240] data about yourself, you'll never get it
[57:21.240 --> 57:23.240] back again. And once your privacy is
[57:23.240 --> 57:25.240] gone, you'll find your freedoms
[57:25.240 --> 57:27.240] will start to vanish too. So
[57:27.240 --> 57:29.240] protect your rights. Say no to surveillance
[57:29.240 --> 57:31.240] and keep your information to yourself.
[57:31.240 --> 57:33.240] Privacy, it's worth
[57:33.240 --> 57:35.240] hanging on to. This public service
[57:35.240 --> 57:37.240] announcement is brought to you by startpage.com
[57:37.240 --> 57:39.240] the private search engine
[57:39.240 --> 57:41.240] alternative to Google, Yahoo,
[57:41.240 --> 57:43.240] and Bing. Start over with
[57:43.240 --> 57:45.240] startpage.
[57:45.240 --> 57:47.240] Imagine your mom and dad are getting
[57:47.240 --> 57:49.240] ready for bed. They pull back the covers
[57:49.240 --> 57:51.240] and find a third party there.
[57:51.240 --> 57:53.240] He announces, I'm with the military and I'm
[57:53.240 --> 57:55.240] sleeping here tonight. That shocking image
[57:55.240 --> 57:57.240] of a third party in my parent's bed
[57:57.240 --> 57:59.240] reminds me what the Third Amendment was designed
[57:59.240 --> 58:01.240] to prevent. It protects us from being
[58:01.240 --> 58:03.240] forced to share our homes with soldiers,
[58:03.240 --> 58:05.240] a common demand in the days of our
[58:05.240 --> 58:07.240] founding fathers. Third party,
[58:07.240 --> 58:09.240] Third Amendment? Get it? So if you
[58:09.240 --> 58:11.240] answer a knock at your door and guys in
[58:11.240 --> 58:13.240] fatigues demand lodging, tell them to dust
[58:13.240 --> 58:15.240] off their copy of the Bill of Rights and reread
[58:15.240 --> 58:17.240] the Third Amendment. I'm Dr.
[58:17.240 --> 58:19.240] Catherine Albrecht. More news and information
[58:19.240 --> 58:21.240] at CatherineAlbrecht.com.
[58:27.240 --> 58:29.240] The Bill of Rights contains
[58:29.240 --> 58:31.240] the first ten amendments of our Constitution.
[58:31.240 --> 58:33.240] They guarantee the specific freedoms
[58:33.240 --> 58:35.240] Americans should know and protect.
[58:35.240 --> 58:37.240] Our liberty depends on it. I'm Dr.
[58:37.240 --> 58:39.240] Catherine Albrecht and I'll be right back with an
[58:39.240 --> 58:41.240] unforgettable way to remember one of your
[58:41.240 --> 58:43.240] constitutional rights.
[58:43.240 --> 58:45.240] Privacy is under attack.
[58:45.240 --> 58:47.240] When you give up data about yourself,
[58:47.240 --> 58:49.240] you'll never get it back again.
[58:49.240 --> 58:51.240] And once your privacy is gone,
[58:51.240 --> 58:53.240] you'll find your freedoms will start to
[58:53.240 --> 58:55.240] vanish too. So protect your
[58:55.240 --> 58:57.240] rights. Say no to surveillance and
[58:57.240 --> 58:59.240] keep your information to yourself.
[58:59.240 --> 59:01.240] Privacy, it's worth hanging on to.
[59:01.240 --> 59:03.240] This public service announcement is
[59:03.240 --> 59:05.240] brought to you by StartPage.com,
[59:05.240 --> 59:07.240] the private search engine alternative to
[59:07.240 --> 59:09.240] Google, Yahoo, and Bing.
[59:09.240 --> 59:11.240] Start over with StartPage.
[59:11.240 --> 59:13.240] Imagine four eyes
[59:13.240 --> 59:15.240] staring at you through binoculars,
[59:15.240 --> 59:17.240] a magnifying glass, or a pair of
[59:17.240 --> 59:19.240] x-ray goggles. That imagery reminds me
[59:19.240 --> 59:21.240] that the Fourth Amendment guarantees
[59:21.240 --> 59:23.240] Americans freedom of choice.
[59:23.240 --> 59:25.240] The Fourth Amendment guarantees Americans
[59:25.240 --> 59:27.240] freedom from unreasonable search and seizure.
[59:27.240 --> 59:29.240] Fourth Amendment? Four eyes staring
[59:29.240 --> 59:31.240] at you? Get it? Unfortunately,
[59:31.240 --> 59:33.240] the government is trampling our Fourth Amendment
[59:33.240 --> 59:35.240] rights in the name of security. Case in
[59:35.240 --> 59:37.240] point, TSA airport
[59:37.240 --> 59:39.240] scanners that peer under your clothing.
[59:39.240 --> 59:41.240] When government employees demand a peep
[59:41.240 --> 59:43.240] at your privates without probable cause,
[59:43.240 --> 59:45.240] I say it's time to sound the constitutional
[59:45.240 --> 59:47.240] alarm bells. Join me in asking
[59:47.240 --> 59:49.240] our representatives to dust off the bill of
[59:49.240 --> 59:51.240] rights and use their googly eyes to
[59:51.240 --> 59:53.240] take a gander at the Fourth.
[59:53.240 --> 59:55.240] I'm Dr. Catherine Ulbrecht. More news and
[59:55.240 --> 59:57.240] information at CatherineUlbrecht.com.
[01:00:21.240 --> 01:00:23.240] I'm Dr. Catherine Ulbrecht. More news and
[01:00:23.240 --> 01:00:25.240] information at CatherineUlbrecht.com.
[01:00:51.240 --> 01:00:59.240] Okay, howdy, howdy, Randy
[01:00:59.240 --> 01:01:01.240] Kelton, Brett Fountain, Rue La Radio
[01:01:01.240 --> 01:01:05.240] on this, the Thursday, the 16th day
[01:01:05.240 --> 01:01:10.240] of January, 2025, and we're going to
[01:01:10.240 --> 01:01:13.240] Rebecca in Indiana. Hello, Rebecca.
[01:01:13.240 --> 01:01:16.240] What do you have for us today?
[01:01:16.240 --> 01:01:20.240] I have a couple updates for you.
[01:01:20.240 --> 01:01:24.240] I had court on Tuesday.
[01:01:24.240 --> 01:01:27.240] It was a pretrial conference.
[01:01:27.240 --> 01:01:30.240] What's the nature of the case?
[01:01:30.240 --> 01:01:33.240] The disorderly conduct charge that was
[01:01:33.240 --> 01:01:39.240] brought on to me in July last year.
[01:01:39.240 --> 01:01:42.240] So that's criminal in nature?
[01:01:42.240 --> 01:01:46.240] Yes, allegedly.
[01:01:46.240 --> 01:01:49.240] Wasn't this a disorderly conduct for speech
[01:01:49.240 --> 01:01:53.240] only? Yes.
[01:01:53.240 --> 01:01:56.240] And just to be clear, you said you had
[01:01:56.240 --> 01:02:00.240] court today. Was it court?
[01:02:00.240 --> 01:02:02.240] Have there been some primary pleadings
[01:02:02.240 --> 01:02:05.240] and actually a court case has already
[01:02:05.240 --> 01:02:07.240] commenced or is this, when you say
[01:02:07.240 --> 01:02:13.240] pretrial, was it a preliminary hearing
[01:02:13.240 --> 01:02:16.240] to determine probable cause?
[01:02:16.240 --> 01:02:18.240] This is a pretrial conference and this
[01:02:18.240 --> 01:02:23.240] I had on Tuesday.
[01:02:23.240 --> 01:02:25.240] Is this the first hearing you've been to
[01:02:25.240 --> 01:02:27.240] on this issue?
[01:02:27.240 --> 01:02:29.240] No.
[01:02:29.240 --> 01:02:32.240] Has there been a hearing to determine
[01:02:32.240 --> 01:02:34.240] the sufficiency of the complaint or
[01:02:34.240 --> 01:02:37.240] determine probable cause?
[01:02:37.240 --> 01:02:40.240] No, there wasn't.
[01:02:40.240 --> 01:02:41.240] Okay.
[01:02:41.240 --> 01:02:45.240] What does, we see what's going on, right?
[01:02:45.240 --> 01:02:49.240] What does Indiana law say about that?
[01:02:49.240 --> 01:02:51.240] About what?
[01:02:51.240 --> 01:02:54.240] A preliminary hearings.
[01:02:54.240 --> 01:02:57.240] Gerstein Pugh says every state must
[01:02:57.240 --> 01:03:01.240] provide every person accused of crime
[01:03:01.240 --> 01:03:03.240] with a preliminary determination
[01:03:03.240 --> 01:03:05.240] probable cause.
[01:03:05.240 --> 01:03:09.240] So how does Indiana do it?
[01:03:09.240 --> 01:03:13.240] Basically, there's like a police officer
[01:03:13.240 --> 01:03:17.240] can sign, write up an affidavit and
[01:03:17.240 --> 01:03:19.240] sign it and they can turn it into the
[01:03:19.240 --> 01:03:21.240] prosecutor's office and then
[01:03:21.240 --> 01:03:25.240] prosecutor's office in turn files charges
[01:03:25.240 --> 01:03:28.240] against you.
[01:03:28.240 --> 01:03:30.240] Hang on, are you saying that's the way
[01:03:30.240 --> 01:03:32.240] they do it or that's the way that the
[01:03:32.240 --> 01:03:36.240] legislature has authorized them to do it?
[01:03:36.240 --> 01:03:39.240] That's the way they do it.
[01:03:40.240 --> 01:03:46.240] Indiana code 35-33-7-1, arrest without
[01:03:46.240 --> 01:03:47.240] a warrant.
[01:03:47.240 --> 01:03:49.240] Initial hearing venue.
[01:03:49.240 --> 01:03:51.240] A person arrested without a warrant for
[01:03:51.240 --> 01:03:54.240] a crime shall be taken promptly before
[01:03:54.240 --> 01:03:56.240] a judicial officer in the county in
[01:03:56.240 --> 01:04:00.240] which the arrest is made or of any
[01:04:00.240 --> 01:04:03.240] county believed to have venue over the
[01:04:03.240 --> 01:04:07.240] offense committed or any, or an initial
[01:04:07.240 --> 01:04:11.240] hearing in court except as provided in
[01:04:11.240 --> 01:04:13.240] subsection C if the person arrested
[01:04:13.240 --> 01:04:15.240] makes bail or the person's initial
[01:04:15.240 --> 01:04:17.240] hearing before a judicial officer the
[01:04:17.240 --> 01:04:22.240] initial hearing shall occur at any time
[01:04:22.240 --> 01:04:25.240] within 20 calendar days since arrest.
[01:04:25.240 --> 01:04:29.240] If the person's arrest under IC 9-30-5
[01:04:29.240 --> 01:04:32.240] makes bail before the person's initial
[01:04:32.240 --> 01:04:34.240] hearing before a judicial officer the
[01:04:34.240 --> 01:04:38.240] initial hearing must occur within 10
[01:04:38.240 --> 01:04:41.240] calendar days after the person's arrest.
[01:04:41.240 --> 01:04:43.240] Did that happen?
[01:04:43.240 --> 01:04:47.240] I was never arrested.
[01:04:47.240 --> 01:04:48.240] Okay.
[01:04:48.240 --> 01:04:50.240] Are you sure?
[01:04:50.240 --> 01:04:52.240] Probable cause affidavit or oral
[01:04:52.240 --> 01:04:55.240] presentation under oath.
[01:04:55.240 --> 01:04:57.240] At or before the initial hearing of a
[01:04:57.240 --> 01:05:00.240] person arrested without a warrant or a
[01:05:00.240 --> 01:05:03.240] crime the facts upon which the arrest
[01:05:03.240 --> 01:05:06.240] was made shall be submitted to the
[01:05:06.240 --> 01:05:09.240] judicial officer ex parte in a probable
[01:05:09.240 --> 01:05:11.240] cause affidavit.
[01:05:11.240 --> 01:05:13.240] In lieu of the affidavit or in addition
[01:05:13.240 --> 01:05:16.240] to it the facts may be submitted orally
[01:05:16.240 --> 01:05:18.240] under oath to judicial officer.
[01:05:18.240 --> 01:05:21.240] If facts upon which the arrest was made
[01:05:21.240 --> 01:05:23.240] are submitted orally the proceeding shall
[01:05:23.240 --> 01:05:26.240] be recorded by a court reporter and upon
[01:05:26.240 --> 01:05:29.240] request of any party in the case or upon
[01:05:29.240 --> 01:05:31.240] order of the court the record of the
[01:05:31.240 --> 01:05:33.240] proceeding shall be transcribed.
[01:05:33.240 --> 01:05:35.240] Judicial officer determines that there
[01:05:35.240 --> 01:05:37.240] is probable cause to believe that a
[01:05:37.240 --> 01:05:39.240] crime has been committed and that the
[01:05:39.240 --> 01:05:41.240] arrested person committed it.
[01:05:41.240 --> 01:05:44.240] The judicial officer shall order that the
[01:05:44.240 --> 01:05:47.240] arrested person be held to answer in the
[01:05:47.240 --> 01:05:49.240] proper court.
[01:05:49.240 --> 01:05:51.240] If the facts submitted do not establish
[01:05:51.240 --> 01:05:54.240] probable cause or if the prosecuting
[01:05:54.240 --> 01:05:57.240] attorney informs the judicial officer on
[01:05:57.240 --> 01:05:59.240] the record that no charge will be filed
[01:05:59.240 --> 01:06:01.240] against the arrested person the judicial
[01:06:01.240 --> 01:06:03.240] officer shall order that the arrested
[01:06:03.240 --> 01:06:05.240] person be released.
[01:06:05.240 --> 01:06:10.240] Where is the order of the court finding
[01:06:10.240 --> 01:06:12.240] probable cause?
[01:06:12.240 --> 01:06:13.240] Do you have that?
[01:06:13.240 --> 01:06:15.240] Exactly.
[01:06:15.240 --> 01:06:17.240] Yeah.
[01:06:17.240 --> 01:06:19.240] You?
[01:06:19.240 --> 01:06:21.240] Pretty much.
[01:06:21.240 --> 01:06:23.240] Did you say yes?
[01:06:23.240 --> 01:06:25.240] Do what?
[01:06:25.240 --> 01:06:27.240] Did you say yes?
[01:06:27.240 --> 01:06:29.240] Do you have that?
[01:06:29.240 --> 01:06:31.240] The information?
[01:06:31.240 --> 01:06:36.240] Do you have a order of the court finding
[01:06:36.240 --> 01:06:38.240] probable cause?
[01:06:38.240 --> 01:06:40.240] No.
[01:06:40.240 --> 01:06:43.240] There's no court.
[01:06:43.240 --> 01:06:45.240] No jurisdiction.
[01:06:45.240 --> 01:06:47.240] There's no case.
[01:06:47.240 --> 01:06:50.240] And they had ten days to get that done.
[01:06:50.240 --> 01:06:52.240] I read that right?
[01:06:52.240 --> 01:06:57.240] So, you mean like a probable cause
[01:06:57.240 --> 01:06:59.240] paper or whatever?
[01:06:59.240 --> 01:07:00.240] Wait a minute.
[01:07:00.240 --> 01:07:02.240] You were never arrested.
[01:07:02.240 --> 01:07:06.240] Were you ordered to appear at court?
[01:07:06.240 --> 01:07:08.240] Not by a summons.
[01:07:08.240 --> 01:07:12.240] No, I was just mailed a hearing date
[01:07:12.240 --> 01:07:14.240] and time to be there.
[01:07:14.240 --> 01:07:17.240] I was not told of the charges that were
[01:07:17.240 --> 01:07:20.240] being brought against me or anything.
[01:07:20.240 --> 01:07:22.240] So, that was a summons?
[01:07:22.240 --> 01:07:24.240] Well, that sounds like a summons.
[01:07:24.240 --> 01:07:26.240] Right.
[01:07:26.240 --> 01:07:28.240] Did it come from a court?
[01:07:28.240 --> 01:07:31.240] It came from a court, but there was no
[01:07:31.240 --> 01:07:36.240] information as to what I was being
[01:07:36.240 --> 01:07:38.240] charged with or anything.
[01:07:38.240 --> 01:07:40.240] It doesn't matter.
[01:07:40.240 --> 01:07:42.240] What you should have gotten along with
[01:07:42.240 --> 01:07:45.240] the summons, the fact that the summons
[01:07:45.240 --> 01:07:46.240] doesn't have that doesn't make it
[01:07:46.240 --> 01:07:47.240] invalid.
[01:07:47.240 --> 01:07:48.240] What you should have gotten along with
[01:07:48.240 --> 01:07:51.240] the summons is the primary pleadings.
[01:07:51.240 --> 01:07:53.240] And the primary pleadings wouldn't have
[01:07:53.240 --> 01:07:54.240] that information on there.
[01:07:54.240 --> 01:07:55.240] It would have the details about the
[01:07:55.240 --> 01:07:58.240] nature and cause of the accusation.
[01:07:58.240 --> 01:08:02.240] And it would just be like if you were
[01:08:02.240 --> 01:08:03.240] being sued civilly.
[01:08:03.240 --> 01:08:05.240] You're going to get a copy of the
[01:08:05.240 --> 01:08:06.240] complaint.
[01:08:06.240 --> 01:08:09.240] You have the plaintiff wrote up that
[01:08:09.240 --> 01:08:11.240] the defendant did such and such, had a
[01:08:11.240 --> 01:08:14.240] duty to do this and harmed me in this
[01:08:14.240 --> 01:08:15.240] amount.
[01:08:15.240 --> 01:08:16.240] Well, they're going to write all that
[01:08:16.240 --> 01:08:17.240] up in the petition.
[01:08:17.240 --> 01:08:18.240] That's not from the court.
[01:08:18.240 --> 01:08:22.240] The court sends you the summons and it
[01:08:22.240 --> 01:08:25.240] could be served by a process server or
[01:08:25.240 --> 01:08:27.240] whatever, but that's not going to tell
[01:08:27.240 --> 01:08:29.240] all the charges and all the details
[01:08:29.240 --> 01:08:30.240] about that.
[01:08:30.240 --> 01:08:33.240] Those are all in the primary pleadings,
[01:08:33.240 --> 01:08:35.240] which for a civil case would be the
[01:08:35.240 --> 01:08:37.240] complaint, the petition.
[01:08:37.240 --> 01:08:41.240] Initial hearing of a person issued a
[01:08:41.240 --> 01:08:46.240] summons or summons and promise to
[01:08:46.240 --> 01:08:49.240] appear must take place according to
[01:08:49.240 --> 01:08:52.240] the terms of the summons.
[01:08:52.240 --> 01:08:54.240] At such an initial hearing,
[01:08:54.240 --> 01:08:56.240] a determination of probable cause is
[01:08:56.240 --> 01:08:59.240] not required unless the prosecuting
[01:08:59.240 --> 01:09:01.240] attorney requests on the record that
[01:09:01.240 --> 01:09:03.240] the person be held in custody before
[01:09:03.240 --> 01:09:06.240] his trial.
[01:09:06.240 --> 01:09:07.240] All right.
[01:09:07.240 --> 01:09:09.240] That's problematic.
[01:09:09.240 --> 01:09:11.240] That's not keeping with the
[01:09:11.240 --> 01:09:14.240] requirements of Gerstein Pugh.
[01:09:14.240 --> 01:09:15.240] All right.
[01:09:15.240 --> 01:09:16.240] Yeah.
[01:09:16.240 --> 01:09:18.240] That sounds like it would be ripe for
[01:09:18.240 --> 01:09:21.240] an application, unconstitutional
[01:09:21.240 --> 01:09:24.240] application challenge.
[01:09:24.240 --> 01:09:26.240] Well, I've already filed a motion to
[01:09:26.240 --> 01:09:29.240] dismiss.
[01:09:29.240 --> 01:09:32.240] What were the grounds for your motion?
[01:09:32.240 --> 01:09:38.240] The grounds for my motion were the
[01:09:38.240 --> 01:09:42.240] improper, improper charging
[01:09:42.240 --> 01:09:43.240] instrument.
[01:09:43.240 --> 01:09:45.240] The traffic stop was unlawful and
[01:09:45.240 --> 01:09:48.240] not supported by probable cause.
[01:09:48.240 --> 01:09:51.240] And the canine search of my vehicle
[01:09:51.240 --> 01:09:54.240] and the dog alert was improperly
[01:09:54.240 --> 01:09:56.240] induced.
[01:09:56.240 --> 01:09:57.240] Denied.
[01:09:57.240 --> 01:09:59.240] Irrelevant.
[01:09:59.240 --> 01:10:00.240] Right.
[01:10:00.240 --> 01:10:06.240] Did they find drugs in your car?
[01:10:06.240 --> 01:10:07.240] No.
[01:10:07.240 --> 01:10:10.240] The doctor just told his dog to sit
[01:10:10.240 --> 01:10:12.240] and cue an alert.
[01:10:12.240 --> 01:10:15.240] Rebecca, you're way off on a tangent
[01:10:15.240 --> 01:10:16.240] here.
[01:10:16.240 --> 01:10:18.240] The judge cannot grant your motion to
[01:10:18.240 --> 01:10:21.240] dismiss based on how ugly was the dog
[01:10:21.240 --> 01:10:24.240] and how rude it was for them to make the
[01:10:24.240 --> 01:10:25.240] dog look at you.
[01:10:25.240 --> 01:10:27.240] It has nothing to do with what's before
[01:10:27.240 --> 01:10:28.240] the court.
[01:10:28.240 --> 01:10:31.240] No, I understand that and I didn't say
[01:10:31.240 --> 01:10:33.240] anything about that.
[01:10:33.240 --> 01:10:36.240] Okay, but you said that was the
[01:10:36.240 --> 01:10:40.240] grounds for your motion to dismiss.
[01:10:40.240 --> 01:10:42.240] Okay, well the information that I got
[01:10:42.240 --> 01:10:44.240] from the prosecutor that they filled
[01:10:44.240 --> 01:10:47.240] out, the charging instrument does not
[01:10:47.240 --> 01:10:55.240] match what's listed.
[01:10:55.240 --> 01:11:00.240] It doesn't match the statute.
[01:11:00.240 --> 01:11:02.240] Are you saying there's a number
[01:11:02.240 --> 01:11:03.240] mismatch?
[01:11:03.240 --> 01:11:07.240] Yes.
[01:11:07.240 --> 01:11:11.240] Okay, is it like somebody made a typo?
[01:11:11.240 --> 01:11:12.240] No.
[01:11:12.240 --> 01:11:19.240] The statute that I'm charged under
[01:11:19.240 --> 01:11:22.240] engages in fighting or tumultuous
[01:11:22.240 --> 01:11:24.240] conduct and the wordage on the
[01:11:24.240 --> 01:11:27.240] charging information from the
[01:11:27.240 --> 01:11:29.240] prosecutor's office that I made
[01:11:29.240 --> 01:11:31.240] unreasonable noise after being asked
[01:11:31.240 --> 01:11:32.240] to stop.
[01:11:32.240 --> 01:11:34.240] Yes, I remember looking at this with
[01:11:34.240 --> 01:11:35.240] you.
[01:11:35.240 --> 01:11:36.240] We looked at and found that
[01:11:36.240 --> 01:11:37.240] mismatch.
[01:11:37.240 --> 01:11:39.240] Yeah, there was like an A and B or a
[01:11:39.240 --> 01:11:41.240] one and two and they charged you with
[01:11:41.240 --> 01:11:43.240] the language of one but the number of
[01:11:43.240 --> 01:11:44.240] the other.
[01:11:44.240 --> 01:11:46.240] Right.
[01:11:46.240 --> 01:11:48.240] Yeah.
[01:11:48.240 --> 01:11:52.240] Okay, so that was your, that was, what
[01:11:52.240 --> 01:11:54.240] else was the grounds?
[01:11:54.240 --> 01:11:56.240] You moved to dismiss for that reason,
[01:11:56.240 --> 01:11:58.240] what else did you have as a reason to
[01:11:58.240 --> 01:11:59.240] dismiss?
[01:11:59.240 --> 01:12:01.240] Improper service due to the
[01:12:01.240 --> 01:12:08.240] fact that I wasn't properly served.
[01:12:08.240 --> 01:12:13.240] How did you know about the case?
[01:12:13.240 --> 01:12:16.240] I received an advertising envelope
[01:12:16.240 --> 01:12:20.240] from an attorney in the mail before
[01:12:20.240 --> 01:12:23.240] I even got the paper that told me
[01:12:23.240 --> 01:12:27.240] what time my-
[01:12:27.240 --> 01:12:29.240] Okay, well you were officially
[01:12:29.240 --> 01:12:32.240] notified by the court by a, what did
[01:12:32.240 --> 01:12:35.240] that paper say?
[01:12:35.240 --> 01:12:39.240] It just gave me a date and time to be
[01:12:39.240 --> 01:12:41.240] at the courthouse, that was it.
[01:12:41.240 --> 01:12:44.240] So that was, you received a summons?
[01:12:44.240 --> 01:12:46.240] Yeah, through the mail.
[01:12:46.240 --> 01:12:50.240] I guess it doesn't say summons on it,
[01:12:50.240 --> 01:12:52.240] it just gives you-
[01:12:52.240 --> 01:12:54.240] Right, it just says there's a hearing
[01:12:54.240 --> 01:12:56.240] you need to show up at this date and
[01:12:56.240 --> 01:12:58.240] time at this address.
[01:12:58.240 --> 01:13:00.240] Well, it sounds like you still haven't
[01:13:00.240 --> 01:13:02.240] been served, is that right?
[01:13:02.240 --> 01:13:04.240] It sounds like you haven't been given
[01:13:04.240 --> 01:13:06.240] notice. How did you find out what you
[01:13:06.240 --> 01:13:08.240] were charged with?
[01:13:08.240 --> 01:13:10.240] I, when I got that advertising
[01:13:10.240 --> 01:13:13.240] material from an attorney-
[01:13:13.240 --> 01:13:15.240] No, no, no, forget that one.
[01:13:15.240 --> 01:13:17.240] How did you, did court notify you of
[01:13:17.240 --> 01:13:20.240] what you were charged with?
[01:13:20.240 --> 01:13:23.240] When I showed up to the initial hearing.
[01:13:23.240 --> 01:13:26.240] So at the initial hearing they, they
[01:13:26.240 --> 01:13:29.240] advised you of the charges against you?
[01:13:29.240 --> 01:13:30.240] Yeah.
[01:13:30.240 --> 01:13:32.240] Did they give you a copy of the
[01:13:32.240 --> 01:13:35.240] charging instruments?
[01:13:35.240 --> 01:13:38.240] Well, I had to fill those out myself,
[01:13:38.240 --> 01:13:41.240] but no, they didn't actually physically
[01:13:41.240 --> 01:13:44.240] give me any papers.
[01:13:44.240 --> 01:13:47.240] Okay, this is, okay, hang on,
[01:13:47.240 --> 01:13:49.240] Randy Kelton, Brett Fountain of
[01:13:49.240 --> 01:13:52.240] Louvre Radio, the call-in number,
[01:13:52.240 --> 01:13:55.240] 512-646-1984.
[01:13:55.240 --> 01:13:59.240] We'll be right back.
[01:13:59.240 --> 01:14:01.240] Are you looking to have a closer
[01:14:01.240 --> 01:14:03.240] relationship with God and a better
[01:14:03.240 --> 01:14:05.240] understanding of His Word?
[01:14:05.240 --> 01:14:07.240] Then tune in to logosradionetwork.com
[01:14:07.240 --> 01:14:09.240] on Wednesdays from 8 to 10 p.m. Central
[01:14:09.240 --> 01:14:12.240] Time for Scripture Talk, where Nana and
[01:14:12.240 --> 01:14:14.240] her guests discuss the Scriptures in
[01:14:14.240 --> 01:14:16.240] accord with 2nd Timothy 2.15.
[01:14:16.240 --> 01:14:18.240] Study to show thy self-approved unto
[01:14:18.240 --> 01:14:20.240] God, a workman that needeth not to be
[01:14:20.240 --> 01:14:22.240] ashamed, rightly dividing the word of
[01:14:22.240 --> 01:14:23.240] truth.
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[01:14:33.240 --> 01:14:35.240] vary each week with discussions on sound
[01:14:35.240 --> 01:14:37.240] doctrine and Christian character
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[01:14:44.240 --> 01:14:46.240] to transform ourselves more into the
[01:14:46.240 --> 01:14:49.240] likeness of our Lord and Savior Jesus.
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[01:14:54.240 --> 01:14:56.240] to 10 p.m. to inspire and motivate your
[01:14:56.240 --> 01:14:59.240] studies of the Scriptures.
[01:14:59.240 --> 01:15:01.240] Are you being harassed by debt collectors
[01:15:01.240 --> 01:15:03.240] with phone calls, letters, or even
[01:15:03.240 --> 01:15:04.240] lawsuits?
[01:15:04.240 --> 01:15:06.240] Stop debt collectors now with the
[01:15:06.240 --> 01:15:08.240] Michael Mears Proven Method.
[01:15:08.240 --> 01:15:10.240] Michael Mears has won six cases in
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[01:15:16.240 --> 01:15:18.240] plain English on how to win in court
[01:15:18.240 --> 01:15:20.240] using federal civil rights statues, what
[01:15:20.240 --> 01:15:23.240] to do when contacted by phone, mail, or
[01:15:23.240 --> 01:15:25.240] court summons, how to answer letters and
[01:15:25.240 --> 01:15:27.240] phone calls, how to get debt collectors
[01:15:27.240 --> 01:15:29.240] out of your credit report, how to turn
[01:15:29.240 --> 01:15:31.240] the financial tables on them and make
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[01:15:35.240 --> 01:15:38.240] solution for how to stop debt collectors.
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[01:15:40.240 --> 01:15:42.240] well. For more information, please visit
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[01:15:52.240 --> 01:15:57.240] M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[01:15:57.240 --> 01:16:00.240] to learn how to stop debt collectors now.
[01:16:00.240 --> 01:16:10.240] This is the Logos Radio Network.
[01:16:17.240 --> 01:16:43.240] Okay, we're back to Brandi Kellogg.
[01:16:43.240 --> 01:16:45.240] I found Rule of Law Radio and we're
[01:16:45.240 --> 01:16:48.240] talking to Rebecca in Indiana. And
[01:16:48.240 --> 01:16:52.240] Rebecca, it looks like what I'm seeing
[01:16:52.240 --> 01:16:56.240] is Indiana law does not comport with the
[01:16:56.240 --> 01:16:58.240] federal requirement for a preliminary
[01:16:58.240 --> 01:17:02.240] hearing. With that said, when you called
[01:17:02.240 --> 01:17:06.240] in, we bushwhacked you. What did you call
[01:17:06.240 --> 01:17:10.240] in for?
[01:17:10.240 --> 01:17:14.240] See, let me...
[01:17:14.240 --> 01:17:16.240] Wait, wait, wait. Start that over again.
[01:17:16.240 --> 01:17:20.240] I didn't have you unmuted.
[01:17:20.240 --> 01:17:22.240] I said that I called in to give you guys
[01:17:22.240 --> 01:17:24.240] an update on my case because I had court
[01:17:24.240 --> 01:17:29.240] on Tuesday and I had filed a motion to
[01:17:29.240 --> 01:17:34.240] dismiss and the judge hadn't finished
[01:17:34.240 --> 01:17:38.240] reviewing it yet. And they have, instead
[01:17:38.240 --> 01:17:43.240] of going to trial, because the prosecutor
[01:17:43.240 --> 01:17:45.240] again told me on Tuesday that I was
[01:17:45.240 --> 01:17:48.240] either to take a plea or we're going to
[01:17:48.240 --> 01:17:54.240] go to trial. So I told him that I am
[01:17:54.240 --> 01:17:57.240] prepared to proceed to trial, but they
[01:17:57.240 --> 01:18:00.240] haven't ruled on my motion yet. So they
[01:18:00.240 --> 01:18:02.240] were waiting on the judge to rule on
[01:18:02.240 --> 01:18:04.240] that. And I just discovered last night
[01:18:04.240 --> 01:18:07.240] that they set it for a hearing for
[01:18:07.240 --> 01:18:11.240] February 4th on my motion.
[01:18:11.240 --> 01:18:15.240] So I'm going to suggest you consider
[01:18:15.240 --> 01:18:20.240] filing a constitutional challenge.
[01:18:20.240 --> 01:18:22.240] Send me an email. I'll send you Gerstein
[01:18:22.240 --> 01:18:24.240] Pugh.
[01:18:24.240 --> 01:18:25.240] You are...
[01:18:25.240 --> 01:18:27.240] Yes, and I've reviewed that.
[01:18:27.240 --> 01:18:33.240] Okay. File a constitutional challenge
[01:18:33.240 --> 01:18:41.240] claiming that 35-33-7-3.5 is
[01:18:41.240 --> 01:18:47.240] inconsistent with federal law.
[01:18:47.240 --> 01:18:49.240] Yeah.
[01:18:49.240 --> 01:18:53.240] Where it says a determination of probable
[01:18:53.240 --> 01:18:57.240] cause is not required. Gerstein Pugh
[01:18:57.240 --> 01:18:59.240] requires a determination of probable
[01:18:59.240 --> 01:19:05.240] cause in all cases. And if this statute
[01:19:05.240 --> 01:19:08.240] on its face is unconstitutional.
[01:19:08.240 --> 01:19:12.240] Well, I'm not sure. When I look at 3.5
[01:19:12.240 --> 01:19:18.240] here, it doesn't say that the person is
[01:19:18.240 --> 01:19:22.240] somehow being restrained in their
[01:19:22.240 --> 01:19:24.240] liberty in some kind of way, which is
[01:19:24.240 --> 01:19:27.240] what Gerstein Pugh is saying, if it's a
[01:19:27.240 --> 01:19:29.240] significant restraint of liberty.
[01:19:29.240 --> 01:19:32.240] She's on bail.
[01:19:32.240 --> 01:19:36.240] How can she possibly be on bail?
[01:19:36.240 --> 01:19:39.240] That doesn't make any sense.
[01:19:39.240 --> 01:19:41.240] You're either on bail or you're on your own
[01:19:41.240 --> 01:19:43.240] recognizance. You've been charged with a
[01:19:43.240 --> 01:19:46.240] crime that will require bail or release
[01:19:46.240 --> 01:19:48.240] on your own recognizance. In either case,
[01:19:48.240 --> 01:19:50.240] you're bound to the court.
[01:19:50.240 --> 01:19:53.240] Well, if that has happened, then yeah,
[01:19:53.240 --> 01:19:56.240] that makes sense. But here in 3.5,
[01:19:56.240 --> 01:19:58.240] it doesn't say anything about that. It
[01:19:58.240 --> 01:20:00.240] just says the initial hearing. So if
[01:20:00.240 --> 01:20:02.240] you've got a summons or if you've got a
[01:20:02.240 --> 01:20:04.240] summons and a promise to appear, which is
[01:20:04.240 --> 01:20:07.240] kind of, that's like a ticket probably.
[01:20:07.240 --> 01:20:10.240] So it's saying that the initial hearing
[01:20:10.240 --> 01:20:12.240] must take place according to the terms
[01:20:12.240 --> 01:20:14.240] of the summons and at that hearing, they
[01:20:14.240 --> 01:20:16.240] don't have to do the determination of
[01:20:16.240 --> 01:20:18.240] probable cause right then at that hearing.
[01:20:18.240 --> 01:20:21.240] That's what Gerstein Pugh says they must
[01:20:21.240 --> 01:20:23.240] do.
[01:20:23.240 --> 01:20:25.240] Well, then they have a qualifier for
[01:20:25.240 --> 01:20:27.240] that that does look like they're taking
[01:20:27.240 --> 01:20:31.240] that into account because it says here a
[01:20:31.240 --> 01:20:33.240] determination of probable cause is not
[01:20:33.240 --> 01:20:37.240] required unless the prosecuting attorney
[01:20:37.240 --> 01:20:41.240] requests the person be held in custody
[01:20:41.240 --> 01:20:44.240] before trial. Okay, now they're
[01:20:44.240 --> 01:20:48.240] comporting with Gerstein Pugh by saying,
[01:20:48.240 --> 01:20:50.240] look, if you want to try to hold this
[01:20:50.240 --> 01:20:52.240] person, then you're going to have to
[01:20:52.240 --> 01:20:55.240] determine probable cause before you hold
[01:20:55.240 --> 01:20:56.240] them.
[01:20:56.240 --> 01:20:58.240] I think they're trying to.
[01:20:58.240 --> 01:21:01.240] They charge the person. Once they charge
[01:21:01.240 --> 01:21:03.240] the person, the first-
[01:21:03.240 --> 01:21:05.240] Well, here it doesn't say that they've
[01:21:05.240 --> 01:21:07.240] charged the person.
[01:21:07.240 --> 01:21:10.240] Have you been charged with a crime?
[01:21:10.240 --> 01:21:14.240] You tell the court to go screw themselves.
[01:21:14.240 --> 01:21:18.240] What I'm seeing here is the potential
[01:21:18.240 --> 01:21:21.240] that the person is being called in and
[01:21:21.240 --> 01:21:24.240] the magistrate can say, hey, I'm going
[01:21:24.240 --> 01:21:26.240] to have to make a probable cause
[01:21:26.240 --> 01:21:28.240] determination.
[01:21:28.240 --> 01:21:29.240] Gerstein Pugh says-
[01:21:29.240 --> 01:21:30.240] They don't do it yet.
[01:21:30.240 --> 01:21:32.240] Says the first hearing there must be a
[01:21:32.240 --> 01:21:35.240] probable cause determination.
[01:21:35.240 --> 01:21:36.240] Okay.
[01:21:36.240 --> 01:21:37.240] First thing-
[01:21:37.240 --> 01:21:38.240] That's important.
[01:21:38.240 --> 01:21:40.240] You don't get to call people in and
[01:21:40.240 --> 01:21:41.240] bring them back and bring them back and
[01:21:41.240 --> 01:21:44.240] bring them back. You got to find probable
[01:21:44.240 --> 01:21:47.240] cause first.
[01:21:47.240 --> 01:21:49.240] Yeah.
[01:21:49.240 --> 01:21:52.240] So whether that's the case or not, who
[01:21:52.240 --> 01:21:54.240] cares? Make the constitutional
[01:21:54.240 --> 01:21:56.240] challenge.
[01:21:56.240 --> 01:21:58.240] They are not going to want to deal with
[01:21:58.240 --> 01:22:00.240] the constitutional challenge.
[01:22:00.240 --> 01:22:03.240] We did that in a case in a municipal
[01:22:03.240 --> 01:22:06.240] court. We challenged the application
[01:22:06.240 --> 01:22:09.240] of ordinances to the public in general
[01:22:09.240 --> 01:22:12.240] that if the ordinances are applied to
[01:22:12.240 --> 01:22:15.240] the public in general, that gives it the
[01:22:15.240 --> 01:22:21.240] force of law and any such consideration
[01:22:21.240 --> 01:22:28.240] would have the effect of the
[01:22:28.240 --> 01:22:34.240] municipality writing law and the
[01:22:34.240 --> 01:22:39.240] legislature is not authorized to be
[01:22:39.240 --> 01:22:41.240] called a delegate. It's authority to
[01:22:41.240 --> 01:22:44.240] write law. And the court dismissed it
[01:22:44.240 --> 01:22:47.240] for a different reason. Because they
[01:22:47.240 --> 01:22:49.240] didn't want to have to address this one.
[01:22:49.240 --> 01:22:53.240] You go in there and tell them and claim
[01:22:53.240 --> 01:22:56.240] that this statute is unconstitutional.
[01:22:56.240 --> 01:22:58.240] Boy, they are not going to want to go
[01:22:58.240 --> 01:23:03.240] there. Play a little poker with them.
[01:23:03.240 --> 01:23:06.240] Well, I mean, I've had a pretty hard
[01:23:06.240 --> 01:23:09.240] time dealing with the prosecutor. He's
[01:23:09.240 --> 01:23:10.240] a pretty-
[01:23:10.240 --> 01:23:12.240] Don't even talk to- never talk to the
[01:23:12.240 --> 01:23:13.240] prosecutor.
[01:23:13.240 --> 01:23:14.240] Yeah, why would you?
[01:23:14.240 --> 01:23:17.240] Never let the prosecutor talk to you.
[01:23:17.240 --> 01:23:20.240] Well, the judge has been present for
[01:23:20.240 --> 01:23:22.240] the last two pretrial conferences that
[01:23:22.240 --> 01:23:23.240] we've had.
[01:23:23.240 --> 01:23:25.240] Well, then you don't need to be there
[01:23:25.240 --> 01:23:26.240] either.
[01:23:26.240 --> 01:23:28.240] Yeah, wait a minute.
[01:23:28.240 --> 01:23:29.240] Well, if I-
[01:23:29.240 --> 01:23:32.240] The judge held a set of pretrial
[01:23:32.240 --> 01:23:36.240] conference and he wasn't there?
[01:23:36.240 --> 01:23:40.240] Who convened the hearing?
[01:23:40.240 --> 01:23:44.240] Prosecutor?
[01:23:44.240 --> 01:23:47.240] Charge the prosecutor with
[01:23:47.240 --> 01:23:51.240] impersonating a judicial officer.
[01:23:51.240 --> 01:23:52.240] Yeah.
[01:23:52.240 --> 01:23:54.240] Charge the judge with official
[01:23:54.240 --> 01:23:57.240] misconduct or however the statute reads
[01:23:57.240 --> 01:24:00.240] in Indiana. Brett, will you look that up?
[01:24:00.240 --> 01:24:03.240] Official misconduct in Indiana.
[01:24:03.240 --> 01:24:06.240] The judge has ordered you to a hearing
[01:24:06.240 --> 01:24:09.240] and the judge didn't show up?
[01:24:09.240 --> 01:24:10.240] Yeah.
[01:24:10.240 --> 01:24:12.240] So the only one who can convene the
[01:24:12.240 --> 01:24:15.240] hearing is the prosecuting attorney
[01:24:15.240 --> 01:24:17.240] and that's official misconduct on both
[01:24:17.240 --> 01:24:19.240] sides.
[01:24:19.240 --> 01:24:22.240] Even if it's just city court?
[01:24:22.240 --> 01:24:24.240] It doesn't matter what court it is. If
[01:24:24.240 --> 01:24:27.240] some judicial officer orders you to come
[01:24:27.240 --> 01:24:30.240] to a hearing, he has to convene the
[01:24:30.240 --> 01:24:31.240] hearing.
[01:24:31.240 --> 01:24:32.240] Right.
[01:24:32.240 --> 01:24:34.240] He can't delegate that to the
[01:24:34.240 --> 01:24:37.240] prosecuting attorney.
[01:24:37.240 --> 01:24:38.240] Yeah.
[01:24:38.240 --> 01:24:41.240] Charge him with it. This is poker.
[01:24:41.240 --> 01:24:43.240] They're playing poker with you.
[01:24:43.240 --> 01:24:45.240] They're forcing you to come back and
[01:24:45.240 --> 01:24:47.240] come back and come back until you
[01:24:47.240 --> 01:24:48.240] give up.
[01:24:48.240 --> 01:24:49.240] So-
[01:24:49.240 --> 01:24:50.240] Yeah.
[01:24:50.240 --> 01:24:51.240] They want to play poker?
[01:24:51.240 --> 01:24:54.240] Deal your own hand.
[01:24:54.240 --> 01:24:55.240] They got two pair.
[01:24:55.240 --> 01:24:57.240] You start filing criminal charges
[01:24:57.240 --> 01:24:59.240] against them for their practices.
[01:24:59.240 --> 01:25:03.240] You pull out three of a kind.
[01:25:03.240 --> 01:25:05.240] Especially if you make a
[01:25:05.240 --> 01:25:10.240] constitutional challenge.
[01:25:10.240 --> 01:25:15.240] Do a search for case law.
[01:25:15.240 --> 01:25:16.240] Open case text.
[01:25:16.240 --> 01:25:18.240] Just do a search for case text.
[01:25:18.240 --> 01:25:20.240] And then in the search parameter,
[01:25:20.240 --> 01:25:27.240] put Indiana Code 3335-33-7-34.
[01:25:27.240 --> 01:25:30.240] Put that statute in and it'll bring
[01:25:30.240 --> 01:25:33.240] up the statute and there should be a
[01:25:33.240 --> 01:25:35.240] section next to it that says
[01:25:35.240 --> 01:25:38.240] citations.
[01:25:38.240 --> 01:25:40.240] You look in that and it will show
[01:25:40.240 --> 01:25:44.240] you cases that have cited this.
[01:25:44.240 --> 01:25:46.240] So you can find case law relative to
[01:25:46.240 --> 01:25:47.240] this statute.
[01:25:47.240 --> 01:25:48.240] See if you can find a
[01:25:48.240 --> 01:25:52.240] constitutional challenge.
[01:25:52.240 --> 01:25:56.240] In regard to disorderly conduct?
[01:25:56.240 --> 01:25:57.240] No.
[01:25:57.240 --> 01:26:00.240] This one's on them not holding an
[01:26:00.240 --> 01:26:01.240] examining trial.
[01:26:01.240 --> 01:26:06.240] That goes back to Gerstein Pugh.
[01:26:06.240 --> 01:26:07.240] Okay.
[01:26:07.240 --> 01:26:11.240] Pulling up case text.
[01:26:11.240 --> 01:26:14.240] It's just like the website case text?
[01:26:14.240 --> 01:26:15.240] Yes.
[01:26:15.240 --> 01:26:17.240] That's my favorite place.
[01:26:17.240 --> 01:26:25.240] Case text.
[01:26:25.240 --> 01:26:29.240] And a code.
[01:26:29.240 --> 01:26:32.240] Looks good.
[01:26:32.240 --> 01:26:33.240] That is nice.
[01:26:33.240 --> 01:26:35.240] I need a case to get one of these.
[01:26:35.240 --> 01:26:37.240] I just took a code that wasn't
[01:26:37.240 --> 01:26:39.240] what I wanted.
[01:26:39.240 --> 01:26:40.240] Okay.
[01:26:40.240 --> 01:26:41.240] Hang on.
[01:26:41.240 --> 01:26:42.240] Randy Kelton,
[01:26:42.240 --> 01:26:43.240] Brett Fountain,
[01:26:43.240 --> 01:26:45.240] we've got a video.
[01:26:45.240 --> 01:26:47.240] We're going to our sponsors.
[01:26:47.240 --> 01:26:48.240] Tina, I'll see you there.
[01:26:48.240 --> 01:26:50.240] We'll get to you.
[01:26:50.240 --> 01:26:52.240] We'll be right back.
[01:26:59.240 --> 01:27:04.240] Reality TV, sugar, obesity, jet lag,
[01:27:04.240 --> 01:27:06.240] the list of things that makes us
[01:27:06.240 --> 01:27:08.240] dumber just keeps on growing.
[01:27:08.240 --> 01:27:10.240] But now researchers say we can
[01:27:10.240 --> 01:27:12.240] add stress to the list.
[01:27:12.240 --> 01:27:13.240] I'm Dr. Catherine Albrecht,
[01:27:13.240 --> 01:27:15.240] back with details in a moment.
[01:27:15.240 --> 01:27:17.240] Privacy is under attack.
[01:27:17.240 --> 01:27:19.240] When you give up data about yourself,
[01:27:19.240 --> 01:27:21.240] you'll never get it back again.
[01:27:21.240 --> 01:27:23.240] And once your privacy is gone,
[01:27:23.240 --> 01:27:24.240] you'll find your freedoms will
[01:27:24.240 --> 01:27:26.240] start to vanish too.
[01:27:26.240 --> 01:27:27.240] So protect your rights.
[01:27:27.240 --> 01:27:29.240] Say no to surveillance and keep
[01:27:29.240 --> 01:27:31.240] your information to yourself.
[01:27:31.240 --> 01:27:33.240] Privacy, it's worth hanging onto.
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[01:27:49.240 --> 01:27:51.240] multitasking proves you're smart.
[01:27:51.240 --> 01:27:53.240] But think again, all that stress
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[01:27:59.240 --> 01:28:01.240] neurons, which actually makes it
[01:28:01.240 --> 01:28:03.240] harder for people to manage problems.
[01:28:03.240 --> 01:28:05.240] Researchers at Yale University found
[01:28:05.240 --> 01:28:07.240] that stressed out people have less
[01:28:07.240 --> 01:28:09.240] gray matter in their prefrontal cortex.
[01:28:09.240 --> 01:28:11.240] That's the part of the brain that
[01:28:11.240 --> 01:28:13.240] helps us weigh conflicting ideas
[01:28:13.240 --> 01:28:15.240] and regulate our emotions.
[01:28:15.240 --> 01:28:17.240] So take a deep breath and chill out.
[01:28:17.240 --> 01:28:19.240] It'll help keep your mind
[01:28:19.240 --> 01:28:21.240] as sharp as a tack.
[01:28:21.240 --> 01:28:22.240] I'm Dr. Catherine Albrecht for
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[01:28:24.240 --> 01:28:26.240] private search engine.
[01:28:30.240 --> 01:28:33.240] This is Building 7, a 47-story skyscraper
[01:28:33.240 --> 01:28:35.240] that fell on the afternoon of
[01:28:35.240 --> 01:28:36.240] September 11th.
[01:28:36.240 --> 01:28:38.240] The government says that fire brought it down.
[01:28:38.240 --> 01:28:40.240] However, 1,500 architects and engineers
[01:28:40.240 --> 01:28:43.240] concluded it was a controlled demolition.
[01:28:43.240 --> 01:28:45.240] Over 6,000 of my fellow service members
[01:28:45.240 --> 01:28:46.240] have given their lives.
[01:28:46.240 --> 01:28:48.240] Thousands of my fellow first responders are dying.
[01:28:48.240 --> 01:28:50.240] I'm not a conspiracy theorist.
[01:28:50.240 --> 01:28:51.240] I'm a structural engineer.
[01:28:51.240 --> 01:28:52.240] I'm a New York City correction officer.
[01:28:52.240 --> 01:28:53.240] I'm an Air Force pilot.
[01:28:53.240 --> 01:28:55.240] I'm a father who lost his son.
[01:28:55.240 --> 01:28:57.240] We're Americans, and we deserve the truth.
[01:28:57.240 --> 01:29:00.240] Go to RememberBuilding7.org today.
[01:29:01.240 --> 01:29:03.240] Rule of Law Radio is proud to offer
[01:29:03.240 --> 01:29:05.240] the Rule of Law traffic seminar.
[01:29:05.240 --> 01:29:06.240] In today's America, we live in an
[01:29:06.240 --> 01:29:07.240] us-against-them society.
[01:29:07.240 --> 01:29:08.240] And if we, the people, are ever going to
[01:29:08.240 --> 01:29:10.240] have a free society, then we're going to
[01:29:10.240 --> 01:29:12.240] have to stand and defend our own rights.
[01:29:12.240 --> 01:29:13.240] Among those rights are the right to
[01:29:13.240 --> 01:29:15.240] travel freely from place to place,
[01:29:15.240 --> 01:29:17.240] the right to act in our own private capacity,
[01:29:17.240 --> 01:29:18.240] and most importantly, the right to
[01:29:18.240 --> 01:29:19.240] due process of law.
[01:29:19.240 --> 01:29:21.240] Traffic courts afford us the least
[01:29:21.240 --> 01:29:22.240] expensive opportunity to learn how to
[01:29:22.240 --> 01:29:25.240] enforce and preserve our rights through due process.
[01:29:25.240 --> 01:29:27.240] Former Sheriff's Deputy Eddie Craig,
[01:29:27.240 --> 01:29:28.240] in conjunction with Rule of Law Radio,
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[01:29:30.240 --> 01:29:31.240] teaching tool available that will help
[01:29:31.240 --> 01:29:33.240] you understand what due process is
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[01:29:50.240 --> 01:29:51.240] Learn how to fight for your rights
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[01:30:01.240 --> 01:30:04.240] You are listening to the Logos Radio Network.
[01:30:04.240 --> 01:30:07.240] Logosradionetwork.com.
[01:30:21.240 --> 01:30:23.240] Don't let them chip you in the morning.
[01:30:23.240 --> 01:30:24.240] Chip you in the evening.
[01:30:24.240 --> 01:30:26.240] Put a chip in your body.
[01:30:26.240 --> 01:30:28.240] And anyway you go computer reading.
[01:30:28.240 --> 01:30:30.240] You can't hide from nobody.
[01:30:30.240 --> 01:30:32.240] When I say chip in your mom.
[01:30:32.240 --> 01:30:33.240] Chip in your daddy.
[01:30:33.240 --> 01:30:36.240] Chip in your grandpa and the granny.
[01:30:36.240 --> 01:30:37.240] Chip in your meat.
[01:30:37.240 --> 01:30:38.240] Chip in your baby.
[01:30:38.240 --> 01:30:41.240] Chip in your family, whole family.
[01:30:41.240 --> 01:30:43.240] Chip in your dog and the cat around we.
[01:30:43.240 --> 01:30:45.240] Chip in the beef and you still go eat it.
[01:30:45.240 --> 01:30:48.240] Chip in the fish, them all in the sea.
[01:30:48.240 --> 01:30:50.240] Chip in the shark and the whale around we.
[01:30:50.240 --> 01:30:51.240] You must be mankind.
[01:30:51.240 --> 01:30:52.240] They all chip crazy.
[01:30:52.240 --> 01:30:53.240] They're the kind of thing.
[01:30:53.240 --> 01:30:55.240] Man, they want to read it.
[01:30:55.240 --> 01:30:57.240] Social security, them go tell me.
[01:30:57.240 --> 01:30:59.240] Number with them, give me them.
[01:30:59.240 --> 01:31:01.240] Okay, we are back with Andy Kelton.
[01:31:01.240 --> 01:31:04.240] Brett Mount Rule of Law Radio.
[01:31:04.240 --> 01:31:07.240] And talking to Rebecca in Indiana.
[01:31:07.240 --> 01:31:13.240] Rebecca, on the break I did some digging in case text.
[01:31:13.240 --> 01:31:18.240] And write down Yanes, Y-A-N-E-S-V,
[01:31:18.240 --> 01:31:20.240] Maricopa County.
[01:31:20.240 --> 01:31:22.240] County?
[01:31:22.240 --> 01:31:26.240] That's Arizona.
[01:31:26.240 --> 01:31:27.240] Yeah.
[01:31:27.240 --> 01:31:30.240] Maricopa County.
[01:31:30.240 --> 01:31:31.240] Wait a minute.
[01:31:31.240 --> 01:31:34.240] This is individual Maricopa County.
[01:31:34.240 --> 01:31:37.240] Is there, yeah, this is Arizona.
[01:31:37.240 --> 01:31:42.240] So that might not work.
[01:31:42.240 --> 01:31:45.240] Yeah.
[01:31:45.240 --> 01:31:55.240] Go into a case text and in the search bar put in Indiana due process probable cause.
[01:31:55.240 --> 01:32:01.240] It will give you a whole bunch of case law.
[01:32:01.240 --> 01:32:04.240] See, do I actually have any from Indiana?
[01:32:04.240 --> 01:32:09.240] Does Indiana have any case law?
[01:32:09.240 --> 01:32:18.240] Anyway, get a bunch of case law on prosecutions without probable cause.
[01:32:18.240 --> 01:32:23.240] Okay.
[01:32:23.240 --> 01:32:26.240] What circuit is Indiana in?
[01:32:26.240 --> 01:32:28.240] The seventh.
[01:32:28.240 --> 01:32:30.240] Okay, here's one.
[01:32:30.240 --> 01:32:41.240] Holloway v. Dell, D-E-L, period, Dell County Sheriff, D-E-L dot C-N-T-Y dot Sheriff.
[01:32:41.240 --> 01:32:51.240] Holding that, nurses may generally defer to instructions given by physicians.
[01:32:51.240 --> 01:32:57.240] It's clear that doing so will likely cause significant harm to an inmate.
[01:32:57.240 --> 01:32:59.240] That one's not going to be very good.
[01:32:59.240 --> 01:33:01.240] Then it's Maricopa County.
[01:33:01.240 --> 01:33:02.240] Here's one.
[01:33:02.240 --> 01:33:06.240] Indiana due process demands probable cause.
[01:33:06.240 --> 01:33:15.240] Wilson v. State, 403 Northeast, second, 7-04.
[01:33:15.240 --> 01:33:22.240] That one, open that case in case text.
[01:33:22.240 --> 01:33:31.240] And on the right-hand side, a little bit down the page, you see citing cases.
[01:33:31.240 --> 01:33:37.240] It gives you a whole bunch of cases that cite this case.
[01:33:37.240 --> 01:33:41.240] This one only has five, but that's enough.
[01:33:41.240 --> 01:33:45.240] Just click that and I've got the five cases citing Wilson.
[01:33:45.240 --> 01:33:51.240] Unless prejudice can be shown, which affects the integrity of the final revocation hearing,
[01:33:51.240 --> 01:33:54.240] it will not be reversed.
[01:33:54.240 --> 01:34:02.240] Cannot say the trial court abused his discretion and it declined to give Brown a second opportunity to flee jurisdiction.
[01:34:02.240 --> 01:34:04.240] That does sound good.
[01:34:04.240 --> 01:34:07.240] Failure to hold preliminary hearing, here we go.
[01:34:07.240 --> 01:34:10.240] It's not by itself reversible error.
[01:34:10.240 --> 01:34:13.240] And we're going to say yes, it is.
[01:34:13.240 --> 01:34:19.240] A parolee must demonstrate that he was prejudiced by such failure.
[01:34:19.240 --> 01:34:23.240] Burden of showing the prejudice falls on the parolee.
[01:34:23.240 --> 01:34:28.240] This one will get you where you want to go.
[01:34:28.240 --> 01:34:36.240] It didn't hold a probable cause hearing, so you didn't have an opportunity to challenge the assertion of the policeman.
[01:34:36.240 --> 01:34:46.240] By doing this, they breach 800 years of law.
[01:34:46.240 --> 01:34:55.240] Since the Magna Carta Libertatum required that if a sheriff arrested Freeman,
[01:34:55.240 --> 01:35:02.240] he needs to take him to a magistrate and get a determination of probable cause.
[01:35:02.240 --> 01:35:10.240] This legislation would overturn 800 years of law.
[01:35:10.240 --> 01:35:13.240] This should lead you to it.
[01:35:13.240 --> 01:35:17.240] Hickridge v. State.
[01:35:17.240 --> 01:35:23.240] 984 North East 2nd, 719.
[01:35:23.240 --> 01:35:31.240] Put in that one, then go over and look at the citations to get me to do that.
[01:35:31.240 --> 01:35:38.240] Well, when I would go, I'm on case text right now, and it's wanting me to sign up.
[01:35:38.240 --> 01:35:47.240] Right at the top of the very top bar, case text, you'll see search all cases and statutes right in that section.
[01:35:47.240 --> 01:35:50.240] I just put in Wilson v. State.
[01:35:50.240 --> 01:35:53.240] So it's going to take me to Wilson v. State.
[01:35:53.240 --> 01:35:58.240] Then on the left-hand side, I've got citing cases.
[01:35:58.240 --> 01:36:03.240] It shows the cases that have cited Wilson v. State.
[01:36:03.240 --> 01:36:06.240] Prejudice can be showed, which affects the integrity.
[01:36:06.240 --> 01:36:10.240] Final revocation, these things are citing each other.
[01:36:10.240 --> 01:36:17.240] I cannot say the trial court abused his discretion, but look in these and inside these,
[01:36:17.240 --> 01:36:24.240] you should find citations to other cases.
[01:36:24.240 --> 01:36:31.240] The hardest thing is to find the first case on point, and this will get you to first case on point.
[01:36:31.240 --> 01:36:40.240] Go back and look at Gerstein Pugh and do a search for Indiana Gerstein Pugh.
[01:36:40.240 --> 01:36:49.240] See if you can find an Indiana case that cites Gerstein Pugh.
[01:36:49.240 --> 01:36:53.240] Indiana.
[01:36:53.240 --> 01:36:58.240] How do you spell Gerstein, Brett? G-E-R-S-H-T-I-E-N.
[01:36:58.240 --> 01:37:05.240] No, there's no H. It's G-E-R-S-T-E-I-N.
[01:37:05.240 --> 01:37:07.240] V-P-U-P-U-G-H.
[01:37:07.240 --> 01:37:12.240] D-E-R-S-T. Just take D-H out. Okay.
[01:37:12.240 --> 01:37:16.240] I've got Pugh v. Pugh.
[01:37:16.240 --> 01:37:19.240] That didn't work.
[01:37:19.240 --> 01:37:25.240] Yeah, there was nothing that came up under this jurisdiction.
[01:37:25.240 --> 01:37:33.240] Well, if you're just looking for the main Gerstein Pugh, that's 420 U.S. 103.
[01:37:33.240 --> 01:37:40.240] Okay, let me do that.
[01:37:40.240 --> 01:37:47.240] 20 U.S. 103.
[01:37:47.240 --> 01:37:53.240] That took Gerstein Pugh.
[01:37:53.240 --> 01:38:09.240] Okay.
[01:38:09.240 --> 01:38:13.240] Gerstein Pugh, Indiana.
[01:38:13.240 --> 01:38:17.240] That didn't give me anything.
[01:38:17.240 --> 01:38:26.240] Look again at Gerstein Pugh. Gerstein Pugh requires Pugh v. Indiana.
[01:38:26.240 --> 01:38:31.240] Yeah, you mentioned that it has to be at the first hearing.
[01:38:31.240 --> 01:38:39.240] And I don't know. I don't see that yet. I see it talking about a prerequisite to extended restraint or significant restraint.
[01:38:39.240 --> 01:38:40.240] Talking about Gerstein?
[01:38:40.240 --> 01:38:41.240] Of liberty.
[01:38:41.240 --> 01:38:42.240] Yeah.
[01:38:42.240 --> 01:38:47.240] They talk about preliminary hearing. You search for preliminary hearing in Gerstein.
[01:38:47.240 --> 01:38:52.240] Yeah, but I need it to say first. Like you earlier were saying first.
[01:38:52.240 --> 01:38:57.240] If it says first somewhere in here, then that will...
[01:38:57.240 --> 01:39:00.240] Well, there's a lot of preliminary hearings.
[01:39:00.240 --> 01:39:03.240] Do a search for preliminary and then read what it says.
[01:39:03.240 --> 01:39:26.240] There's only one first.
[01:39:26.240 --> 01:39:29.240] Okay, this under State v. Dawson.
[01:39:29.240 --> 01:39:44.240] One of the factors in the Ostrander test, we need to see what that is, is whether prejudice can be shown as a result of the failure to hold a prompt preliminary hearing.
[01:39:44.240 --> 01:39:54.240] Is this aspect which forms a central inquiry in the case?
[01:39:54.240 --> 01:40:04.240] Okay, I suggest you do some research so you can make a constitutional claim.
[01:40:04.240 --> 01:40:06.240] Yeah.
[01:40:06.240 --> 01:40:10.240] They will not want that to happen.
[01:40:10.240 --> 01:40:21.240] Maybe you can press them to drop the case rather than have to risk going to court and getting their statute overturned.
[01:40:21.240 --> 01:40:22.240] Right.
[01:40:22.240 --> 01:40:33.240] This Gerstein case does have something that I think could be useful in challenging constitutionality of that Indiana code.
[01:40:33.240 --> 01:40:40.240] It's in, let's see, it's like 109 of that case.
[01:40:40.240 --> 01:40:53.240] It's saying that the, it's addressing the situation where some proposed amendment to the rules were going to make it unconstitutional.
[01:40:53.240 --> 01:40:56.240] It's saying that this, this hearing would be similar.
[01:40:56.240 --> 01:40:59.240] Hang on.
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[01:43:04.240 --> 01:43:16.240] Hello. Oh, man. You're in jail. You got busted, man. Oh, man, I'm broke, dude.
[01:43:22.240 --> 01:43:30.240] Some things in this world I will never understand. Some things I realize fully.
[01:43:30.240 --> 01:43:39.240] Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:43:39.240 --> 01:43:48.240] There's always a room at the top of the hill. I hear through the grave mine and it's lonely there still.
[01:43:49.240 --> 01:43:57.240] Okay, we are back. Randy Kelton, Bret Fountain, Rule of Law Radio. And on the break, I found something.
[01:43:57.240 --> 01:44:13.240] In State X-Rail Orstrander v. Wilt, this is from an, this is in an Indiana case. The case is State v. Dawson.
[01:44:13.240 --> 01:44:30.240] It references Orstrander as a seminal case. We had our first occasion to determine the standard for an unreasonable delay in holding a preliminary hearing on a probation revocation stating in syllabus, blah, blah, blah.
[01:44:30.240 --> 01:44:54.240] But this would be a good one that the other case referenced on probable cause here. The period of 47 days between the date probation was returned to the state under, I won't read all that, but you find some case law that appears to support your claim that the preliminary,
[01:44:54.240 --> 01:45:12.240] the first hearing should be a preliminary hearing. And under Gerstein Pugh, they were required to have a probable cause determination at that time. And this statute is in conflict with the federal ruling on preliminary hearings.
[01:45:13.240 --> 01:45:23.240] Forced them to go come up with a brief and risk the feds looking at their statute. They're not going to want that to happen.
[01:45:23.240 --> 01:45:27.240] No, I don't think not.
[01:45:27.240 --> 01:45:31.240] My suggestion.
[01:45:31.240 --> 01:45:33.240] Alrighty.
[01:45:33.240 --> 01:45:35.240] Okay, have anything else for us?
[01:45:35.240 --> 01:45:37.240] No, sir.
[01:45:37.240 --> 01:45:44.240] Okay, I've got Tina down there and if we don't bring her on, it can be bad.
[01:45:44.240 --> 01:45:48.240] Tina can get really churlish.
[01:45:48.240 --> 01:45:52.240] Isn't that right?
[01:45:52.240 --> 01:45:54.240] I imagine she could.
[01:45:54.240 --> 01:46:00.240] I'm not saying she is. No, I would not say Tina's churlish. You're not churlish, are you, Tina?
[01:46:00.240 --> 01:46:04.240] I'm never churlish.
[01:46:04.240 --> 01:46:09.240] You're the one that's churlish.
[01:46:09.240 --> 01:46:14.240] No, I feel disparaged. Okay, what do you have for us today?
[01:46:14.240 --> 01:46:21.240] Very good videos to learn proper English and you don't even look at them.
[01:46:21.240 --> 01:46:30.240] You stop sending me those really cool words. Tina used to send me some really interesting English words.
[01:46:30.240 --> 01:46:42.240] And I was just talking, I think it was Brett I was talking to the other day about how if you ask an English what a grunt is, they're going to know.
[01:46:42.240 --> 01:46:46.240] If you ask an American what a grunt is, they have no clue.
[01:46:46.240 --> 01:46:48.240] Grunt?
[01:46:48.240 --> 01:46:55.240] Grunt, yeah. It is a verb turned into a noun by adding ing.
[01:46:55.240 --> 01:46:57.240] I think you mean gerund.
[01:46:57.240 --> 01:47:02.240] Gerund, I keep saying gerund, you're right.
[01:47:02.240 --> 01:47:05.240] They even know how to pronounce it.
[01:47:05.240 --> 01:47:07.240] Isn't that right, Tina?
[01:47:07.240 --> 01:47:15.240] If you listen to my nephew speaking, you will learn some really, I'm actually learning some English that I didn't know from my own nephew.
[01:47:15.240 --> 01:47:29.240] He has this channel and he teaches you pronunciation and articulation and he's got some really great words that I'm like, what?
[01:47:29.240 --> 01:47:33.240] I've got to send this to Randy and I sent it to you and you never even responded.
[01:47:33.240 --> 01:47:38.240] I don't remember seeing an email from you in quite a while.
[01:47:38.240 --> 01:47:43.240] I'll send it to you again because you'll find it really fun.
[01:47:43.240 --> 01:47:49.240] I like interesting words that I can confuse people with.
[01:47:49.240 --> 01:47:59.240] I was reading a book on, it was called Nonsense, How to Recognize It and How to Avoid It, but it's really a book on the use and misuse of language.
[01:47:59.240 --> 01:48:04.240] And he used the term target.
[01:48:04.240 --> 01:48:06.240] What?
[01:48:06.240 --> 01:48:09.240] I had to go look it up.
[01:48:09.240 --> 01:48:20.240] He's talking about the effective use of language and he uses a term nobody's ever heard.
[01:48:20.240 --> 01:48:28.240] Well, I'm going to send you a link and you're going to have to use these words next time you're on the show.
[01:48:28.240 --> 01:48:30.240] Good, good, okay.
[01:48:30.240 --> 01:48:40.240] Just so you know that I'm working on it, right here next to my keyboard I have Strunk and White's Elements of Style.
[01:48:40.240 --> 01:48:48.240] Ah, that's an old one. I did that in college. When I first came here, I was introduced to it.
[01:48:48.240 --> 01:48:51.240] That is the seminal book.
[01:48:51.240 --> 01:48:54.240] Grammar.
[01:48:54.240 --> 01:48:59.240] So I keep working on it. Anyway, what do you have for us today?
[01:48:59.240 --> 01:49:08.240] I have a couple of things. I have a very small brag to do, but I have a question first.
[01:49:08.240 --> 01:49:15.240] And the question is in relation to jury duty.
[01:49:15.240 --> 01:49:25.240] I have a friend who's got a jury duty and she was just in a very stressful time, which she still is.
[01:49:25.240 --> 01:49:31.240] She's in LA and she's just had people staying with her from her house burned down in the fire.
[01:49:31.240 --> 01:49:35.240] Anyway, she'd received this jury summons and she works for herself.
[01:49:35.240 --> 01:49:40.240] So if she doesn't work, she doesn't get paid and she can't pay a mortgage and a bill.
[01:49:40.240 --> 01:49:49.240] So then she got a notice saying, oh, you didn't respond and so you can be subject to fines of $1,500.
[01:49:49.240 --> 01:50:01.240] This is for state cases and they can never ever prove that you received the summons because they don't send it by certified mail.
[01:50:01.240 --> 01:50:05.240] So if she wants to get out of jury duty?
[01:50:05.240 --> 01:50:08.240] Well, only because she can't afford it.
[01:50:08.240 --> 01:50:11.240] Well, that's okay. Just go down there wearing a MAGA hat.
[01:50:11.240 --> 01:50:15.240] Yeah, there you go.
[01:50:15.240 --> 01:50:24.240] Hey, you're in California. Dr. Joe, the first time I met him, I was doing a presentation at a Patriot group.
[01:50:24.240 --> 01:50:34.240] And this guy walks in with a T-shirt that says, Hunter Biden for president.
[01:50:34.240 --> 01:50:39.240] So you go in with a, she go in with a MAGA hat and a Trump shirt on.
[01:50:39.240 --> 01:50:41.240] She is out the door.
[01:50:41.240 --> 01:50:43.240] She's out the door.
[01:50:43.240 --> 01:50:49.240] My wife was called for jury duty and she doesn't, she's agoraphobic.
[01:50:49.240 --> 01:50:52.240] She's afraid to go out by herself. So I took her down there and I'm sitting in the court.
[01:50:52.240 --> 01:51:05.240] The district attorney walked in and he walked up to the defense counsel and they're talking and he glances out at the gallery and he sees me sitting out there.
[01:51:05.240 --> 01:51:10.240] He does a double take and then he goes over and he gets the jury list.
[01:51:10.240 --> 01:51:15.240] They called my wife up and she said, do you know Randall Kelton?
[01:51:15.240 --> 01:51:20.240] He said, well, he's my husband. Has he ever talked to you about me?
[01:51:20.240 --> 01:51:24.240] She said, yeah, but I don't pay any attention to that.
[01:51:24.240 --> 01:51:28.240] He said, well, that's good. You're dismissed.
[01:51:28.240 --> 01:51:31.240] Yes.
[01:51:31.240 --> 01:51:36.240] She was thrilled.
[01:51:36.240 --> 01:51:47.240] But technically, really, if they don't, if they can't prove that you received the summons, how can they hold you responsible?
[01:51:47.240 --> 01:51:56.240] Okay, they're not going to be coming out prosecuting potential jurors.
[01:51:56.240 --> 01:52:04.240] It's not going to, if they start doing that, you know, jurors, people will be raising cane and fighting against jury duty.
[01:52:04.240 --> 01:52:09.240] It's hard enough for them to get a jury seated as it is.
[01:52:09.240 --> 01:52:20.240] If they force somebody to come down there on threat of arrest, they're going to get a jury down there that's going to rule against them every time.
[01:52:20.240 --> 01:52:23.240] So she really doesn't have to worry about that.
[01:52:23.240 --> 01:52:26.240] But eventually, if she's on the list, she needs to go down there.
[01:52:26.240 --> 01:52:31.240] Just tell her you need to show up.
[01:52:31.240 --> 01:52:34.240] I would love to be called for a jury.
[01:52:34.240 --> 01:52:35.240] Yeah, me too.
[01:52:35.240 --> 01:52:41.240] They call my son. His name's Randall Kelton.
[01:52:41.240 --> 01:52:45.240] But they never call me.
[01:52:45.240 --> 01:52:47.240] I would love to be on a jury.
[01:52:47.240 --> 01:52:52.240] If they give more than $15 a day, they might get more people.
[01:52:52.240 --> 01:52:54.240] Yeah, they might.
[01:52:54.240 --> 01:52:57.240] But that would be fun.
[01:52:57.240 --> 01:53:06.240] Oh, but Randy, they're never going to let people like you and me make it past the first pass.
[01:53:06.240 --> 01:53:08.240] I know what I could do.
[01:53:08.240 --> 01:53:18.240] I could go in there and coveralls and take my false teeth out.
[01:53:18.240 --> 01:53:19.240] Probably not.
[01:53:19.240 --> 01:53:23.240] OK, so she's worried about them coming after her.
[01:53:23.240 --> 01:53:26.240] Yes, she is a little bit.
[01:53:26.240 --> 01:53:36.240] She told me she didn't worry about that, but eventually she'll have to talk to them and just put on anything that will annoy them.
[01:53:36.240 --> 01:53:38.240] I like the MAGA hat theory. That's good.
[01:53:38.240 --> 01:53:41.240] I don't know if she'll do that, but I think that's a great one.
[01:53:41.240 --> 01:53:47.240] I always tell them I'm available July 4th, the week of July 4th.
[01:53:47.240 --> 01:53:53.240] Because they never have hearings that day, that week.
[01:53:53.240 --> 01:54:00.240] MAGA hat. I would say, you know, in Texas, you go in with a pot plant on your shirt.
[01:54:00.240 --> 01:54:08.240] But in California, that would probably not work so good because they definitely want you on the jury.
[01:54:08.240 --> 01:54:11.240] Maybe put a huge Shakespeare quote.
[01:54:11.240 --> 01:54:17.240] First, we kill all the lawyers, make it really large on your T-shirt.
[01:54:17.240 --> 01:54:19.240] I like that one.
[01:54:19.240 --> 01:54:29.240] Anything that will give them the impression that she's not palatable, she's not moldable to what they want.
[01:54:29.240 --> 01:54:37.240] Anything to give them the impression that she has some intelligence and a will of her own, they're going to bump her in the heart.
[01:54:37.240 --> 01:54:44.240] Yeah, they don't like people who think and who are opinionated.
[01:54:44.240 --> 01:54:52.240] That's true. And you're trying to run me off the cliff before I give you my little, you know, good stuff, the good news.
[01:54:52.240 --> 01:54:56.240] Will you call us back tomorrow? We'll take you first.
[01:54:56.240 --> 01:54:59.240] I will try.
[01:54:59.240 --> 01:55:01.240] Oh, make sure you do it.
[01:55:01.240 --> 01:55:06.240] And I need to talk to you sometime during the week.
[01:55:06.240 --> 01:55:10.240] Did I give you one of those chiropractic tools?
[01:55:10.240 --> 01:55:12.240] You did.
[01:55:12.240 --> 01:55:16.240] But you need to get Zoom and I'll show you how to use it.
[01:55:16.240 --> 01:55:20.240] Okay, sounds good. I'll call you in tomorrow and give you my little bit of a brag.
[01:55:20.240 --> 01:55:23.240] Wonderful. Oh, a brag. Oh, wonderful.
[01:55:23.240 --> 01:55:28.240] Okay. Thank you all for listening.
[01:55:28.240 --> 01:55:33.240] We'll be back tomorrow night on our four hour info marathon.
[01:55:33.240 --> 01:55:38.240] And we'll be taking your calls all night. But Tina's first.
[01:55:38.240 --> 01:55:41.240] Thank you all for listening.