[00:00.000 --> 00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:29.000]  Markets for the 9th of July 2015 opened up with gold at $1,158.96 an ounce, silver $15.39
[00:29.000 --> 00:35.000]  an ounce, Texas crude $51.65 a barrel, and Bitcoin is currently sitting at about 271
[00:35.000 --> 00:42.000]  US currency.
[00:42.000 --> 00:48.000]  Today in history, Wednesday July 9th, 1980, seven people unfortunately died in a stampede
[00:48.000 --> 00:58.000]  of a frenzied crowd eager to see Pope John Paul II while he was visiting in Terracina, Brazil.
[00:58.000 --> 01:03.000]  In recent news, Marine General Joseph Dunford, nominee for the next chairman of the Joint
[01:03.000 --> 01:07.000]  Chiefs of Staff, rates Russia as the greatest threat to US national security.
[01:07.000 --> 01:11.000]  My assessment today is that Russia presents the greatest threat to our national security
[01:11.000 --> 01:15.000]  is what he told the Senate Armed Services Committee at his confirmation hearing this morning.
[01:15.000 --> 01:20.000]  In line with what current chairman General Martin Dempsey said in a recently released report,
[01:20.000 --> 01:24.000]  the National Military Strategy by the Joint Chiefs of Staff, he said that Russia repeatedly
[01:24.000 --> 01:28.000]  demonstrates that it does not respect the sovereignty of its neighbors and its willing
[01:28.000 --> 01:30.000]  to use force to achieve its goals.
[01:30.000 --> 01:35.000]  Of course, Russia has been saying the same exact thing for some years now about NATO
[01:35.000 --> 01:44.000]  and US militaristic endeavors in the Middle East.
[01:44.000 --> 01:48.000]  According to the first report, an 87-page document filed this morning in a federal district
[01:48.000 --> 01:54.000]  court in Manhattan by federal monitor Peter L. Zimroff in charge of overseeing New York
[01:54.000 --> 01:58.000]  City's police department stop and frisk tactics, which were found to be unconstitutional in
[01:58.000 --> 02:03.000]  2013, found that police officers have simply stopped documenting all the encounters that
[02:03.000 --> 02:08.000]  they have had with citizenry, seriously calling into question the official accounting of a
[02:08.000 --> 02:12.000]  substantial decline in the unconstitutional stop and frisk tactic.
[02:12.000 --> 02:17.000]  Mr. Zimroff wrote that NYPD has conducted several precinct audits and concluded that
[02:17.000 --> 02:20.000]  some stops were made but not documented.
[02:20.000 --> 02:24.000]  More work needs to be done to determine the extent of the problem and to make sure that
[02:24.000 --> 02:26.000]  there is proper record keeping.
[02:26.000 --> 02:32.000]  Whether stops have fallen to 46,000 last year from the peak of more than 685,000 in 2011
[02:32.000 --> 02:45.000]  because they are simply not being documented is a serious source of concern.
[02:45.000 --> 02:48.000]  The Long Star Lowdown is looking for sponsors.
[02:48.000 --> 02:51.000]  If you have a product or service that you would like to advertise here, feel free to
[02:51.000 --> 02:56.000]  give us a call at 210-863-5617.
[02:56.000 --> 03:01.000]  This has been your Lowdown for July 9, 2015.
[03:01.000 --> 03:29.000]  Thank you very much.
[03:31.000 --> 03:58.000]  Thank you very much.
[04:01.000 --> 04:28.000]  Thank you very much.
[04:31.000 --> 04:58.000]  Thank you very much.
[04:58.000 --> 05:02.000]  This is your back.
[05:02.000 --> 05:11.000]  This is Randy Kelton, The Wheel of Law Radio on this Friday, the 10th day of July 2015.
[05:11.000 --> 05:17.000]  Half the year's over already and we have been having way too much fun.
[05:17.000 --> 05:27.000]  Last night I started out by going through a brief on rescission.
[05:27.000 --> 05:35.000]  This is something we have been looking into lately as a remedy to foreclosure.
[05:35.000 --> 05:42.000]  Something has always been available but somehow we never did anything with it.
[05:42.000 --> 05:49.000]  Just last week I filed a rescission on a property here in Fort Worth and it will be
[05:49.000 --> 05:51.000]  interesting to see how it shakes out.
[05:51.000 --> 05:59.000]  In the morning, if the trustee, after we gave the trustee a copy of the rescission,
[05:59.000 --> 06:03.000]  we will find out if they actually sold the property at auction.
[06:03.000 --> 06:07.000]  In which case we get to the trustee.
[06:07.000 --> 06:14.000]  The trustee has immunity from suit when he sells a property at auction so long as
[06:14.000 --> 06:18.000]  the trustee acts in good faith.
[06:18.000 --> 06:27.000]  When the trustee is given notice that the foreclosure is improper and moves ahead
[06:27.000 --> 06:31.000]  anyway, then he can't claim good faith.
[06:31.000 --> 06:37.000]  Actually, I kind of hope that the trustee actually sold the property because if he
[06:37.000 --> 06:40.000]  has, then we get to sue.
[06:40.000 --> 06:48.000]  The guy's name is David Stockman and he is one of the primary trustees in Dallas,
[06:48.000 --> 06:49.000]  Fort Worth.
[06:49.000 --> 06:56.000]  We see him on more trustees' deeds than just about anybody else.
[06:56.000 --> 07:03.000]  He would be a very good one to steam good in the courts to get the trustees'
[07:03.000 --> 07:04.000]  attention.
[07:04.000 --> 07:08.000]  They don't pay much attention to us because you get paid by the banks so they
[07:08.000 --> 07:10.000]  will only pay attention to the banks.
[07:10.000 --> 07:17.000]  I'm looking forward to stinging in good faith because we'll sue him for the full
[07:17.000 --> 07:22.000]  price of the property, full value of the property.
[07:22.000 --> 07:31.000]  Since once there is a rescission filed, then there is no more note or deed of
[07:31.000 --> 07:34.000]  trust.
[07:34.000 --> 07:38.000]  We actually have the power to cancel the note and deed of trust.
[07:38.000 --> 07:40.000]  Now, rescission comes from common law.
[07:40.000 --> 07:45.000]  There was a common law right to rescind a contract under certain conditions,
[07:45.000 --> 07:55.000]  primarily where a contract was entered into through lack of full disclosure or
[07:55.000 --> 08:00.000]  through fraud or through duress.
[08:00.000 --> 08:09.000]  There are a number of things that would allow someone to rescind a contract
[08:09.000 --> 08:13.000]  where the contract was not entered into in accordance with law.
[08:13.000 --> 08:15.000]  This is different.
[08:15.000 --> 08:18.000]  This is a statutory rescission.
[08:18.000 --> 08:28.000]  If you enter into a real property, residential real property contract, I
[08:28.000 --> 08:34.000]  shouldn't say residential, I should say consumer contract where you purchase
[08:34.000 --> 08:40.000]  real property for the purpose of consuming the property by living inside
[08:40.000 --> 08:42.000]  it.
[08:42.000 --> 08:46.000]  You're covered under the Truth in Lending Act.
[08:46.000 --> 08:55.000]  The Truth in Lending Act gives you the power to statutorily rescind a note
[08:55.000 --> 09:03.000]  for failure to give full disclosure within three years after you entered into
[09:03.000 --> 09:05.000]  the contract.
[09:05.000 --> 09:10.000]  Essentially, if you find lack of full disclosure, and I can assure you, you
[09:10.000 --> 09:16.000]  can always find lack of full disclosure, then you can simply rescind the note.
[09:16.000 --> 09:22.000]  When you rescind the note, the note and security instrument become void.
[09:22.000 --> 09:25.000]  They become void immediately.
[09:25.000 --> 09:30.000]  They become so void, you can't even back out of it.
[09:30.000 --> 09:34.000]  Once you file the rescindion, the deed is done.
[09:34.000 --> 09:36.000]  The contract is rescinded.
[09:36.000 --> 09:37.000]  It's void.
[09:37.000 --> 09:39.000]  It doesn't exist anymore.
[09:39.000 --> 09:47.000]  Now, what you can do to recover is, and the only way you can recover is the
[09:47.000 --> 09:56.000]  two parties can enter into a contract, a new contract on the property.
[09:56.000 --> 10:02.000]  The reason they would do that, because when you rescind, it's not like you just
[10:02.000 --> 10:06.000]  make the obligation go away and get to keep the property.
[10:06.000 --> 10:16.000]  When you rescind, both parties are returned to their original state in that
[10:16.000 --> 10:21.000]  the lender has to pay back to the borrower everything the borrower has paid
[10:21.000 --> 10:24.000]  to the lender.
[10:24.000 --> 10:29.000]  The borrower has to return to the lender everything it has received from the
[10:29.000 --> 10:32.000]  lender, the property.
[10:32.000 --> 10:33.000]  That's tender.
[10:33.000 --> 10:39.000]  Both sides must tender to the other everything they received or value for
[10:39.000 --> 10:44.000]  value, whatever value they received.
[10:44.000 --> 10:52.000]  Now, with that said, there is another option to rescind that most of us miss.
[10:52.000 --> 10:59.000]  Once you have received a notice of acceleration, that starts the foreclosure
[10:59.000 --> 11:01.000]  process.
[11:01.000 --> 11:09.000]  Once the foreclosure process is started, if you can find more than $35 in
[11:09.000 --> 11:14.000]  improper fees that have been charged to you, your right to rescind is
[11:14.000 --> 11:16.000]  reinvigorated.
[11:16.000 --> 11:23.000]  We use that to justify rescind of the note.
[11:23.000 --> 11:31.000]  In the rescind, the way we got the $35 in improper fees, which is never hard
[11:31.000 --> 11:37.000]  to do, you do an audit on what you've been charged, you will always find a lot
[11:37.000 --> 11:41.000]  more than that, but where we looked for it was in the HUD one settlement
[11:41.000 --> 11:43.000]  statement.
[11:43.000 --> 11:50.000]  Let me make sure that the phone lines are open.
[11:50.000 --> 11:53.000]  Okay, phone lines are open.
[11:53.000 --> 11:57.000]  We will be taking calls all night, so if you have a question or comment, give
[11:57.000 --> 12:04.000]  us a call, 512-646-1984.
[12:04.000 --> 12:08.000]  When we start getting some callers, we will take some calls.
[12:08.000 --> 12:19.000]  We do have a special guest tonight, and her name is Ms. Sherry, and I'm going
[12:19.000 --> 12:27.000]  to bring her on right now.
[12:27.000 --> 12:30.000]  Hello, Ms. Sherry, are you there?
[12:30.000 --> 12:31.000]  Yes, I am here.
[12:31.000 --> 12:33.000]  Good evening, good evening.
[12:33.000 --> 12:38.000]  We were, we started out, had a little trouble getting you up at the beginning
[12:38.000 --> 12:41.000]  of the show, so I just went ahead and went on the air.
[12:41.000 --> 12:43.000]  We're talking about rescind.
[12:43.000 --> 12:50.000]  Ms. Sherry is a genuine, bona fide, dyed-in-the-wool lawyer.
[12:50.000 --> 12:57.000]  So if I'm full of crapola, she will be very quick to tell me.
[12:57.000 --> 13:03.000]  I have been wanting to get a lawyer on the show for a long time.
[13:03.000 --> 13:14.000]  I get a lot of flack for not villainizing all lawyers and all public officials,
[13:14.000 --> 13:23.000]  and it's not a good strategy, and I did want an opportunity to give people a
[13:23.000 --> 13:32.000]  chance to actually talk to a lawyer outside the client-attorney relationship
[13:32.000 --> 13:37.000]  and find out what it is that makes a lawyer tick, what's important to a lawyer,
[13:37.000 --> 13:44.000]  what matters to a lawyer, as opposed to what we perceive matters to a lawyer.
[13:44.000 --> 13:50.000]  Sherry, will you kind of give us an idea of what it's like to be a lawyer in
[13:50.000 --> 13:53.000]  Texas in these days and times?
[13:53.000 --> 13:54.000]  Okay.
[13:54.000 --> 13:56.000]  What is it like to be?
[13:56.000 --> 14:03.000]  I would say it's more than likely it's friend and foe.
[14:03.000 --> 14:08.000]  Oftentimes when I resolve people's issues, I'm their friend.
[14:08.000 --> 14:15.000]  When the resolvement comes in a manner that they don't particularly care for,
[14:15.000 --> 14:16.000]  I become a foe.
[14:16.000 --> 14:19.000]  So I'm doing a lot of meandering back and forth.
[14:19.000 --> 14:24.000]  I want to deliver to my client the outcome they want, but often in ways that
[14:24.000 --> 14:27.000]  they may not receive very well.
[14:27.000 --> 14:29.000]  So I would say friend and foe.
[14:29.000 --> 14:33.000]  Most of the time I get respect in private parties when, oh, you're a lawyer.
[14:33.000 --> 14:37.000]  But then behind my back I'm sort of cracking attorney jokes.
[14:37.000 --> 14:45.000]  We were talking about family law issues recently, and someone was complaining
[14:45.000 --> 14:47.000]  about a family law judge.
[14:47.000 --> 14:52.000]  And I made the point that if you're a family law judge and you're doing your
[14:52.000 --> 14:56.000]  job right, nobody's going to be happy with you.
[14:56.000 --> 15:04.000]  And I suspect that lawyers in a similar position in that your client comes to
[15:04.000 --> 15:08.000]  you with some relatively high expectations.
[15:08.000 --> 15:15.000]  And often justice does not warrant those high expectations.
[15:15.000 --> 15:21.000]  And it doesn't matter how right or how well within law it is, if you don't
[15:21.000 --> 15:28.000]  deliver what is wanted, then that's your fault.
[15:28.000 --> 15:30.000]  That's exactly correct.
[15:30.000 --> 15:33.000]  Whether I win, lose, or draw, it's all my fault.
[15:33.000 --> 15:35.000]  Let my clients tell it.
[15:35.000 --> 15:36.000]  It doesn't matter.
[15:36.000 --> 15:38.000]  You can't win and you can't lose.
[15:38.000 --> 15:39.000]  But you're right.
[15:39.000 --> 15:43.000]  One of the things that I definitely do with my clients, number one, before you
[15:43.000 --> 15:49.000]  come and give me a ridiculously large retainer, I merely want $275, which is
[15:49.000 --> 15:51.000]  what I charge for the hour.
[15:51.000 --> 15:54.000]  I want all the information that you have.
[15:54.000 --> 15:57.000]  Then I will make an appointment for you to call within 24 hours so that we
[15:57.000 --> 16:01.000]  can talk for one hour straight about your problem, that I can be well versed
[16:01.000 --> 16:04.000]  in what you're facing, and then I can give you some real viable options on
[16:04.000 --> 16:09.000]  how I believe that you can get to the resolve that you want.
[16:09.000 --> 16:13.000]  The reason I developed this method is because it controls my clients'
[16:13.000 --> 16:14.000]  expectations.
[16:14.000 --> 16:15.000]  They know what to expect.
[16:15.000 --> 16:17.000]  They know how much it's going to cost.
[16:17.000 --> 16:18.000]  They know what to expect.
[16:18.000 --> 16:20.000]  They know what the next step is.
[16:20.000 --> 16:22.000]  They know that I'm not upset if you don't retain me.
[16:22.000 --> 16:23.000]  That's perfectly fine.
[16:23.000 --> 16:25.000]  You just get them up to speed.
[16:25.000 --> 16:27.000]  If you do retain me, your $275 will be credited.
[16:27.000 --> 16:32.000]  I like to maintain my clients' expectations, and I also like to
[16:32.000 --> 16:35.000]  explain my clients' movement.
[16:35.000 --> 16:36.000]  Okay.
[16:36.000 --> 16:37.000]  Hang on.
[16:37.000 --> 16:38.000]  We're about to do a break.
[16:38.000 --> 16:45.000]  This is Randy Kelton, view of our radio on this Friday, the 10th day of July,
[16:45.000 --> 16:47.000]  2015.
[16:47.000 --> 16:50.000]  We'll have our phones open all night.
[16:50.000 --> 16:51.000]  I don't have a clock.
[16:51.000 --> 16:53.000]  I don't know where I'm going to run off the cliff.
[16:53.000 --> 17:00.000]  We'll be right back.
[17:00.000 --> 17:04.000]  Through advances in technology, our lives have greatly improved.
[17:04.000 --> 17:08.000]  Except in the area of nutrition, people feed their pets better than they feed
[17:08.000 --> 17:11.000]  themselves, and it's time we changed all that.
[17:11.000 --> 17:16.000]  Our primary defense against aging and disease in this toxic environment is
[17:16.000 --> 17:17.000]  good nutrition.
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[17:21.000 --> 17:25.000]  mutilated, young Jevity can provide the nutrients you need.
[17:25.000 --> 17:30.000]  Logos Radio Network gets many requests to endorse all sorts of products, most
[17:30.000 --> 17:31.000]  of which we reject.
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[17:40.000 --> 17:45.000]  When you order from LogosRadioNetwork.com, your health will improve as you
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[18:00.000 --> 18:04.000]  Are you being harassed by debt collectors with phone calls, letters, or
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[18:27.000 --> 18:29.000]  debt collectors out of your credit report,
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[18:41.000 --> 18:45.000]  For more information, please visit RuleOfLawRadio.com and click on the blue
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[18:50.000 --> 18:57.000]  That's RuleOfLawRadio.com, or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com
[18:57.000 --> 19:00.000]  to learn how to stop debt collectors next.
[19:00.000 --> 19:29.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:29.000 --> 19:40.000]  Okay, we are back.
[19:40.000 --> 19:44.000]  Randy Kelton, Rule of Law Radio, with our special guest,
[19:44.000 --> 19:49.000]  is sharing a local attorney up here in the Dallas-Fort Worth area.
[19:49.000 --> 19:55.000]  Now, we're not going to give the last name or contact information on the air,
[19:55.000 --> 19:59.000]  but if you have a case and you want to contact her, send me an email,
[19:59.000 --> 20:03.000]  and I will forward it to her.
[20:03.000 --> 20:11.000]  Ms. Sherry, if someone sends you an email and they want you to handle their case,
[20:11.000 --> 20:16.000]  what do you need to hear from them?
[20:16.000 --> 20:20.000]  Okay, first and foremost, I need to hear the full version of the truth.
[20:20.000 --> 20:24.000]  The full version of the truth is a bit rough,
[20:24.000 --> 20:26.000]  but I usually get a slice of the truth, and I'm like,
[20:26.000 --> 20:29.000]  I appreciate a slice of the truth, that's fine,
[20:29.000 --> 20:33.000]  but if you really want some resolve, I need to know the good, the bad, and the ugly.
[20:33.000 --> 20:37.000]  I usually, I myself am an information junkie, okay?
[20:37.000 --> 20:41.000]  So I want every piece of paper, everything, anything that you have,
[20:41.000 --> 20:44.000]  the things you thought that weren't important, because like I said,
[20:44.000 --> 20:48.000]  to give you a real value for your dollar, for the one hour that you're paying,
[20:48.000 --> 20:52.000]  get real advice on your real issue, I need to know all the moving parts.
[20:52.000 --> 20:56.000]  So the first thing I tell people is that you're going to need to go in that closet
[20:56.000 --> 20:59.000]  or the box or the shoe box or wherever, under the bed.
[20:59.000 --> 21:03.000]  I need everything that you have, everything,
[21:03.000 --> 21:08.000]  because then, and only then will you be able to get a picture of what is really going on,
[21:08.000 --> 21:13.000]  and then more importantly, what is really an option to get you the resolve that you're trying to find.
[21:13.000 --> 21:19.000]  Yes, when I have people call in and they have a complex issue,
[21:19.000 --> 21:23.000]  generally the first thing I want is a timeline.
[21:23.000 --> 21:29.000]  Just give me a timeline so that each fact is on a separate line and say,
[21:29.000 --> 21:35.000]  on this day this happened, on this day this happened, no argument, no explanation.
[21:35.000 --> 21:40.000]  I'll look at the pieces, see how they fit together, and I'll come to my own conclusions,
[21:40.000 --> 21:46.000]  but I'm going to be looking for things that you probably don't know anything about.
[21:46.000 --> 21:50.000]  I'm going to be walking down the code, and you don't know the code,
[21:50.000 --> 21:52.000]  so you don't always know what they're telling me.
[21:52.000 --> 21:57.000]  So just give me the facts, not your opinion on the facts, just the facts.
[21:57.000 --> 22:03.000]  Yes, sometimes I give my clients a three-minute trust giver, and I'll let them go ramble.
[22:03.000 --> 22:05.000]  Sometimes you've got to let the pressure off.
[22:05.000 --> 22:09.000]  I report, and then I'm like, okay, now we just need to stick to the facts, but you're right.
[22:09.000 --> 22:12.000]  Once I obtain information, that's the first thing I do.
[22:12.000 --> 22:15.000]  I put everything in chronological order, period,
[22:15.000 --> 22:18.000]  and then I usually add in facts, because as the facts start coming together,
[22:18.000 --> 22:21.000]  and then you get a clearer and clearer picture, period.
[22:21.000 --> 22:25.000]  You can start putting civil procedure up in there, okay, was this served in this state,
[22:25.000 --> 22:30.000]  was this subject matter, you know, you can just go through a litany of proper questions
[22:30.000 --> 22:34.000]  and find proper results, like if a defendant is trying to get out of a lawsuit,
[22:34.000 --> 22:36.000]  or if you're trying to find a breach.
[22:36.000 --> 22:39.000]  Once you put things in order and how they actually took place,
[22:39.000 --> 22:45.000]  then you can get a definite better focus analysis of how you think the law will be applied
[22:45.000 --> 22:50.000]  or what you think is an option to get the results that they seek.
[22:50.000 --> 22:56.000]  The short and long is tell your lawyer everything.
[22:56.000 --> 23:03.000]  When I try to help people, and as we move along and start putting something together,
[23:03.000 --> 23:09.000]  then I look at the facts and a lot of times the facts say, wait a minute, wait a minute,
[23:09.000 --> 23:12.000]  there should be something in between here,
[23:12.000 --> 23:17.000]  and a lot of times the person I'm trying to help knows it's in there,
[23:17.000 --> 23:23.000]  but they really didn't want to tell me that part because it don't look so good.
[23:23.000 --> 23:28.000]  Yeah, the people at church are going to think less of me if I tell you that part.
[23:28.000 --> 23:33.000]  But often it doesn't look the way you think it does.
[23:33.000 --> 23:38.000]  And so your lawyer really needs to be able to see all of the facts
[23:38.000 --> 23:44.000]  so she can stick together the facts on top of the codes and on top of the procedures
[23:44.000 --> 23:48.000]  so she'll know how to address your issue.
[23:48.000 --> 23:52.000]  I think of those times in movies where they're in court
[23:52.000 --> 23:55.000]  and the other side comes up with something and the lawyer turns around
[23:55.000 --> 24:00.000]  and looks at their client and says, well?
[24:00.000 --> 24:03.000]  Is that true? Is that true?
[24:03.000 --> 24:07.000]  That has to be one of your favorite times in court, Sheri.
[24:07.000 --> 24:12.000]  Yeah, or sometimes when you're getting a, just a questioning from an officer
[24:12.000 --> 24:15.000]  about a situation that it appears that you were involved in,
[24:15.000 --> 24:18.000]  but in all honesty you were not.
[24:18.000 --> 24:21.000]  I ask you to go through the story as if you're telling me the story,
[24:21.000 --> 24:24.000]  as if once upon a time I went to the store and then some man robbed,
[24:24.000 --> 24:27.000]  you know, then when we get to the detective,
[24:27.000 --> 24:30.000]  I'm hearing new facts that I've never heard before.
[24:30.000 --> 24:32.000]  That's a problem. That's a problem.
[24:32.000 --> 24:34.000]  I should know all of the facts.
[24:34.000 --> 24:35.000]  So you're right.
[24:35.000 --> 24:39.000]  People do forget to tell you certain things that are unflattering to them.
[24:39.000 --> 24:44.000]  But then under pressure they usually crack and it comes out anyway.
[24:44.000 --> 24:51.000]  Well, often the person comes to the lawyer and they do the sales job.
[24:51.000 --> 24:54.000]  They're trying to sell you on representing them.
[24:54.000 --> 24:57.000]  So they tell their inner mind,
[24:57.000 --> 25:03.000]  send me up all the stuff I need to be able to convince this lawyer to represent me.
[25:03.000 --> 25:10.000]  And the stuff that doesn't look good, well, it just doesn't come to mind.
[25:10.000 --> 25:15.000]  And oftentimes when they say they just didn't think about it, that's really true.
[25:15.000 --> 25:21.000]  It just didn't come to mind because it didn't fit their immediate purpose
[25:21.000 --> 25:24.000]  and kind of hard to get around.
[25:24.000 --> 25:28.000]  Yeah, but I think that's why I instituted my one-hour analysis.
[25:28.000 --> 25:30.000]  Because that's, you know, you can get up to speed.
[25:30.000 --> 25:34.000]  I can decline. You can, you know, you can tell me all the things you want.
[25:34.000 --> 25:39.000]  And then collecting the information via electronic, it takes the emotions out of it.
[25:39.000 --> 25:42.000]  Like I'm telling them facts to me or, you know, takes the emotions out.
[25:42.000 --> 25:44.000]  Because I just really need the facts, honestly.
[25:44.000 --> 25:49.000]  The facts are what's going to set you free, get you what you want, send you away, whatever the situation is.
[25:49.000 --> 25:50.000]  It's not the emotions.
[25:50.000 --> 25:55.000]  So that's why I do the one-hour consult up front and give you a credit if you retain me.
[25:55.000 --> 25:59.000]  Because it's easier to get to the business of the matter.
[25:59.000 --> 26:00.000]  Good. Okay.
[26:00.000 --> 26:03.000]  We have a stack of callers already.
[26:03.000 --> 26:06.000]  Generally it takes about a half hour for the callers to start coming in.
[26:06.000 --> 26:08.000]  We've got a bunch of them this morning.
[26:08.000 --> 26:13.000]  If it's all right with you, Ms. Sherry, we'll go to our callers.
[26:13.000 --> 26:16.000]  That's fine. I got my pen and my paper.
[26:16.000 --> 26:17.000]  Let's see what it does.
[26:17.000 --> 26:18.000]  Okay.
[26:18.000 --> 26:21.000]  We have Jane in New York.
[26:21.000 --> 26:22.000]  Hello, Jane.
[26:22.000 --> 26:24.000]  I don't recognize Jane in New York.
[26:24.000 --> 26:28.000]  Are you a first-time caller?
[26:28.000 --> 26:32.000]  No, I have called before.
[26:32.000 --> 26:37.000]  Okay, Jane, you are breaking up really bad.
[26:37.000 --> 26:38.000]  I have called before.
[26:38.000 --> 26:39.000]  Okay, speak to me.
[26:39.000 --> 26:40.000]  Speak to me.
[26:40.000 --> 26:42.000]  Give me a mic check.
[26:42.000 --> 26:49.000]  Just say something interesting and intuitive.
[26:49.000 --> 26:51.000]  Okay, just tell me your name again.
[26:51.000 --> 26:52.000]  Just start.
[26:52.000 --> 26:53.000]  I'll let you know if it's okay.
[26:53.000 --> 26:55.000]  It sounds a little bit better now.
[26:55.000 --> 26:56.000]  Just go ahead and start.
[26:56.000 --> 26:59.000]  I'm just teasing you.
[26:59.000 --> 27:00.000]  Okay.
[27:00.000 --> 27:06.000]  This is a case that happened about two and a half years ago when I lived in Fairport,
[27:06.000 --> 27:11.000]  New York and my car was stolen.
[27:11.000 --> 27:13.000]  Your child?
[27:13.000 --> 27:18.000]  My car was stolen.
[27:18.000 --> 27:19.000]  Wait a minute.
[27:19.000 --> 27:20.000]  Hold on.
[27:20.000 --> 27:22.000]  Okay, there's an issue here.
[27:22.000 --> 27:23.000]  Hold on.
[27:23.000 --> 27:28.000]  When I'm speaking and you're speaking, we have a suppressor on the system.
[27:28.000 --> 27:32.000]  It will push your voice down below my voice.
[27:32.000 --> 27:39.000]  So if you start talking, when I'm talking, I can't hear you because it's not like in regular conversation.
[27:39.000 --> 27:40.000]  It doesn't come out.
[27:40.000 --> 27:43.000]  When I stop talking, your voice pops back up again.
[27:43.000 --> 27:45.000]  So okay, start again.
[27:45.000 --> 27:50.000]  You said your tire was stolen or your child was stolen?
[27:50.000 --> 27:52.000]  My car.
[27:52.000 --> 27:53.000]  Oh, your car.
[27:53.000 --> 27:56.000]  Okay.
[27:56.000 --> 28:02.000]  And he was caught and he was sent to prison, to jail.
[28:02.000 --> 28:07.000]  And he got out and the judge ordered him to pay restitution.
[28:07.000 --> 28:15.000]  Well, in that time, I moved to Spencerport from Fairport because I just wanted to get away from that neighborhood.
[28:15.000 --> 28:28.000]  And I think it was like two months after I was here, I got my first check for what the car, the Blue Book value for the car.
[28:28.000 --> 28:33.000]  And that came last April 2014.
[28:33.000 --> 28:43.000]  So April 2015, I thought I would get another check because, you know, that's when he got his income tax because he was working again.
[28:43.000 --> 28:46.000]  And so by May 1st, no check came.
[28:46.000 --> 28:54.000]  So I called his lawyer and she said, well, he gave a sizable amount to the court, she said.
[28:54.000 --> 28:58.000]  She said your check should be coming in any time.
[28:58.000 --> 29:05.000]  So I waited and I waited. At the end of May, I called back and she said the same thing.
[29:05.000 --> 29:06.000]  She said, I don't understand.
[29:06.000 --> 29:10.000]  She said your check should be coming any time.
[29:10.000 --> 29:17.000]  So then I waited until June 20th and she told me to call his probation officer.
[29:17.000 --> 29:30.000]  So I called his probation officer and I asked him about the check for my car and he said it was sent out on the 9th of June.
[29:30.000 --> 29:35.000]  And he said they sent it. He said, don't you live still in Fairport?
[29:35.000 --> 29:40.000]  And I said, no, I said I moved. And he said, well, that's where the check was sent to.
[29:40.000 --> 29:43.000]  OK, hang on, hang on. We've got to go to break.
[29:43.000 --> 29:47.000]  This is Randy Kelton, the viewer of our radio.
[29:47.000 --> 29:51.000]  Our call in number is 512-646-1984.
[29:51.000 --> 29:54.000]  So give us a call. We'll have the phone lines open all night.
[29:54.000 --> 30:02.000]  Actually, we have four calls, so we only hold four.
[30:02.000 --> 30:06.000]  Could science one day delete our memories and rewrite them with new ones?
[30:06.000 --> 30:10.000]  Lawyers and philosophers are already debating what it might mean.
[30:10.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, back to talk about the morality of altering memory in a moment.
[30:15.000 --> 30:21.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
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[30:57.000 --> 31:03.000]  It sounds like a scene from Blade Runner, the sci-fi classic about robots with artificial memories.
[31:03.000 --> 31:09.000]  But new research suggests human memories can be overwritten, like digital files on a laptop.
[31:09.000 --> 31:17.000]  That's because scientists have found a molecule called Zip that shuts down another one called PKM Zeta, and that's what preserves your memories.
[31:17.000 --> 31:23.000]  Take it away, and your old identity could be, whatchamacallit, oh yeah, reformatted.
[31:23.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[32:02.000 --> 32:06.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.000 --> 32:13.000]  In today's America, we live in an us-against-them society, and if we the people are ever going to have a free society, then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:20.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
[32:20.000 --> 32:26.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process.
[32:26.000 --> 32:36.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
[32:36.000 --> 32:41.000]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
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[32:51.000 --> 33:02.000]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com. Order your copy today, and together we can have the free society we all want and deserve.
[33:02.000 --> 33:13.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:13.000 --> 33:29.000]  Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them. Okay.
[33:29.000 --> 33:54.000]  Okay, we are back. Randy K. Elkin, you with our special guest, Ms. Sherry, an attorney from Dallas, the Dallas-Fort Worth area, and we're talking to Jane in New York, and I'm going to let Ms. Sherry pick this up.
[33:54.000 --> 34:07.000]  Go ahead, Jane. Jane, this is Sherry. I think I know where we're going to. Number one, your check was sent to an improper party. Is that correct?
[34:07.000 --> 34:22.000]  Right, to my old address. Okay, so what I would do, number one, if the gentleman's not paying in a method that you feel is appropriate, you can always contact his attorney or, more importantly, his parole or probation officer.
[34:22.000 --> 34:39.000]  There should be stipulations in regards to how you're supposed to be paid. As far as the check, you should go back to the clerk who sent it in error. They should be able to stop payment on the check or just determine that it's no longer valid, and they should be able to reissue a check.
[34:39.000 --> 34:47.000]  You should also be able to give them the proper address to send the new check.
[34:47.000 --> 35:04.000]  Well, I did call his probation officer, and he was the one that told me that the check was sent out on the 9th of June, and that it went to my wrong address. So he said, when it comes back, he said, I will give you a call and let you know.
[35:04.000 --> 35:18.000]  And this has been since June 20th, and as of now, I have not heard anything, and I have been trying to call him and call him, and he's just not calling me back.
[35:18.000 --> 35:41.000]  So maybe you want to get in contact with the clerk and start asking questions about what do I need to do, because I'm not getting paid like I'm supposed to, per the judge's order of restitution. You might be able to have a show cause hearing or something to that effect, or the court might call the probation officer and give him the motivation to get your check out.
[35:41.000 --> 35:45.000]  Okay, so I contact the clerk then.
[35:45.000 --> 35:53.000]  You just want to start asking questions in regards to how do you go about your payment hasn't been received. You don't believe that they're paying you properly.
[35:53.000 --> 36:02.000]  You might be able to get a show cause hearing or get the ear of the clerk to actually contact the probation officer. You just want to resolve in a timely manner.
[36:02.000 --> 36:11.000]  So either way, if you go to have a hearing, that's one way. If the clerk makes the call to the probation officer, I'm sure that's enough motivation for him to cut the check.
[36:11.000 --> 36:26.000]  Yeah, I suspect when the probation officer gets a call from the court, that's really going to get his attention, and he will get this taken care of.
[36:26.000 --> 36:41.000]  Because if you wait for something to, if you send a letter out and you wait for it to come back, sometimes it takes forever. We sent out a bunch of mailings months ago, and I still have some of those coming back months later.
[36:41.000 --> 36:52.000]  So what Ms. Cherie said earlier about stopping payment on that check and issuing another one is probably a really good strategy.
[36:52.000 --> 36:57.000]  You're right. Okay. Well, thank you very much. I really appreciate that.
[36:57.000 --> 36:59.000]  You are most welcome.
[36:59.000 --> 37:00.000]  Thank you.
[37:00.000 --> 37:07.000]  Okay. Now we're going to go to Philip in Texas. Hello, Mr. Philip.
[37:07.000 --> 37:22.000]  Philip was on last night, and Ms. Cherie was listening last night, so she heard part of your story. This is the one that the lawyers issued a non-suit.
[37:22.000 --> 37:26.000]  Okay. Bring us back up to speed, Philip.
[37:26.000 --> 37:29.000]  The whole story?
[37:29.000 --> 37:34.000]  Yes. Just a quick synopsis.
[37:34.000 --> 37:49.000]  Synopsis was sued over credit card debt. Whenever they tried to serve us using alternative substitute service, the order was denied.
[37:49.000 --> 38:09.000]  But they still actually posted the order on our door as if it had been granted. So I sent a bar grievance to the two lawyers involved to that effect.
[38:09.000 --> 38:22.000]  And just recently got a letter back from the lawyers saying that they're, I guess, they're noticing non-suit.
[38:22.000 --> 38:35.000]  The main reason I was calling is it seemed a little peculiar because they haven't actually filed the non-suit themselves. Instead, they gave it to me to file, essentially.
[38:35.000 --> 38:49.000]  So, I mean, I can read the little cover letter they put on here. It's just a few quick sentences. It says, Please find plaintiff's notice of non-suit and order granting non-suit for filing in the above reference lawsuit.
[38:49.000 --> 39:00.000]  Once you have completed filing, please forward to the court for approval. After review and approval of the same, please return a copy of the signed order of non-suit to our offices.
[39:00.000 --> 39:07.000]  I just, and it does, it has a copy of the, of course, unsigned, an unfiled order.
[39:07.000 --> 39:20.000]  Oh, okay. I think I got it now. Last night it wasn't clear. They're filing, they want to file a non-suit and they want you to agree to it. Would that be correct, Sheri?
[39:20.000 --> 39:33.000]  Yes. It appears that sometimes when I do settlements from a client, we do a non-suit, but it's normally my client receiving some kind of remuneration for signing the non-suit.
[39:33.000 --> 39:53.000]  So you need to ask yourself, I believe based off of what you told us yesterday that you believe the SOL has already expired. So this thing could not come back to life if you signed this non-suit. But I believe yesterday you also stated that it's a non-suit without precedent, right?
[39:53.000 --> 39:55.000]  Correct.
[39:55.000 --> 40:07.000]  Okay. So then you need to ask yourself, why would an attorney who has a lawsuit, if you're a non-suit, there might be other things in place. They might have violated your federal debt collection practice act.
[40:07.000 --> 40:21.000]  They might have violated the Texas collection practice act. There's things that might be incentivizing them to non-suit you. It's perfectly fine. They don't need you per se to voluntarily dismiss their lawsuit. They don't need you.
[40:21.000 --> 40:32.000]  They can do it one year later. If they file the paper to the student court, they can go to the court and say, we no longer seek this through this gentleman. So there's more to the story if you ask me.
[40:32.000 --> 40:57.000]  Based off of what you said yesterday and based off of the resident expert, I believe you might have some viable claims under federal law as well as Texas law. But if I were you, I probably would contact the opposing counsel and see what type of incentives they can, how they can motivate you to actually want to find the non-suit with precedent.
[40:57.000 --> 41:07.000]  Because it won't extinguish the right of you being able to sue them under federal debt collecting practice or Texas law. It won't extinguish. They're two separate things.
[41:07.000 --> 41:24.000]  So what they did is one thing. You can get rid of the suit, but you definitely have the option to sign it. I normally, if I'm doing a voluntary dismissal for non-suit, I usually take care of it. The party who obviously filed the complaint can definitely do it without you.
[41:24.000 --> 41:40.000]  So to me, I think there's some underlying issues or some things you might want to flesh out before you decide to sign or not sign. It will go stale for want of prosecution after so many days anyway, and the judge is going to shut it down, which means without either one of your consents, he's going to shut it down.
[41:40.000 --> 41:51.000]  So you might want to look into, you know, talk to opposing counsel of arts to see if they can, I don't know, if use something in exchange to motivate you to sign it sooner than later.
[41:51.000 --> 41:57.000]  It's turned up to you. I think it's your play and you can play it however you would like to play it, to be honest.
[41:57.000 --> 42:07.000]  And, you know, even when they said fill it out, there's nothing to fill out is the weird thing. There's nothing to sign. There's no spot on here for me to sign.
[42:07.000 --> 42:21.000]  There, you know, it's simply, it's as if this were the notes they would send directly to the court, but they're sending it to me instead and asking... Yeah, traditionally when I non-suit, it does go to the clerk.
[42:21.000 --> 42:31.000]  I send the opposing party a copy, but basically a non-suit is a voluntary dismissal. When the person who filed the paperwork definitely didn't file that.
[42:31.000 --> 42:39.000]  That's why I think there's more to your story. You might just want to flesh it out a little bit to see what the facts are and then make an excellent decision once you find out what the facts are.
[42:39.000 --> 42:50.000]  So your suggestion, I'd just go ahead and write them and say, why are you sending this to me basically? Is there, you know, what is it you want me to do with this? Why aren't you filing it yourself?
[42:50.000 --> 43:02.000]  I was going to, I was going to suggest since you didn't file a counterclaim that you might tell them what I was considering filing a counterclaim.
[43:02.000 --> 43:14.000]  What incentive will you give me to go ahead and agree to this dismissal? Because that sounds to me like what they're fishing for.
[43:14.000 --> 43:22.000]  Well, see, I mean, personally, I'd rather them go ahead and finish the non-suit and then I just go file my lawsuits anyway.
[43:22.000 --> 43:29.000]  Then at that point, their claim's dead. There's no way for them to reinvigorate it. There's no way to come back after me.
[43:29.000 --> 43:36.000]  You know, I can just, I can let the non-suit rest if they're desiring and then take it from there. I think there's hope.
[43:36.000 --> 43:45.000]  Okay, we're about to go to break and that is a question I'd like when we come back. If you're non-suit, under what conditions can you bring, revive the suit later?
[43:45.000 --> 44:02.000]  This is Randy Felton, we have our radio, our call in number 512-646-1984. We'll be right back.
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[45:00.000 --> 45:15.000]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris Dictionary, the affordable, easy to understand, core CD course that will show you how in 24 hours, step by step.
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[46:13.000 --> 46:23.000]  Oh, oh, oh, oh, oh, oh. Oh, oh, oh, oh, oh.
[46:23.000 --> 46:42.000]  Yes, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much. I ain't trying to be no blood.
[46:42.000 --> 47:04.000]  Okay, we are back. Randy Chilton, Rule of Law Radio here with Ms. Sherry. And we're talking to Philip in Texas. And when we went out, these guys, if they non-suit, under what conditions can they refile the suit?
[47:04.000 --> 47:16.000]  So this is what you need to say. And then let me just put a caveat on Philip's situation. Like I said, a non-suit is for a plaintiff to remove the claim against you from court.
[47:16.000 --> 47:29.000]  Now, they don't need you to sign anything. I think they probably sent you that in error. But depending on what you want the outcome to be, number one, you can walk away with a couple of dollars in your pocket.
[47:29.000 --> 47:35.000]  If you negotiate or if you frame the questions correctly, you can walk away with a little bit of money in your pocket and still be able to sue later.
[47:35.000 --> 47:45.000]  Or you can be on the offensive and put your counterclaim in first, then send over their non-suit. Their non-suit, that means their claim is done, but your counter is still alive.
[47:45.000 --> 47:59.000]  So now you really got some ammunition in the low GAs, and you still can bring your other claims at a later point. As long as your counterclaims and your SCPTA is two different things, like it's two different issues.
[47:59.000 --> 48:15.000]  But to get back to your question, your answer is, Randy, that if you do a non-suit without prejudice, that means that you can bring it back. So as long as it's a viable claim and it has not exhausted a dash of limitations, they can refile.
[48:15.000 --> 48:22.000]  Normally when I negotiate for my clients, we always do a non-suit or whatever with prejudice because we don't want this thing to come back.
[48:22.000 --> 48:32.000]  We usually put with prejudice on ours, like it won't come back. So all parties know that this thing is fully done. We won't be in court on this issue.
[48:32.000 --> 48:50.000]  My concern here was equity. They filed a suit. Philip went to the trouble to construct and file an answer. Then they did a non-suit. Can they then just come back and do the whole thing again?
[48:50.000 --> 48:58.000]  They really can't. They really can't because Philip really had an issue. Because it's a plaintiff's option. A judge can't even stop you from non-suiting.
[48:58.000 --> 49:03.000]  Just like you have the right to sue someone in court, you have the right to renege on the suit that you brought to court.
[49:03.000 --> 49:10.000]  And it's not necessarily like all he did is file an answer. You served him. The plaintiff usually goes through more hurdles.
[49:10.000 --> 49:20.000]  Depending on if the defendant now went through a lot of hurdles, expended money, then there might be an admonishment from the judge or maybe even sanctions.
[49:20.000 --> 49:27.000]  If you're doing this to harass, privilege case, then that's when you bring up those kinds of resolutions.
[49:27.000 --> 49:37.000]  That's what I was thinking. In this case, they filed a suit and did improper service after the judge told them not to.
[49:37.000 --> 49:52.000]  So you called them on it. And now they're looking at having to face the judge and explain to the judge why they went ahead and gave alternative service when he'd already forbade them to do that.
[49:52.000 --> 50:00.000]  So they non-suit. They come back next week and they do proper services and bring you back into court again.
[50:00.000 --> 50:07.000]  That's why I suggest if he's going to sign it, it needs to be with the prejudice so that they can't bring this or that claim back if he's going to sign it.
[50:07.000 --> 50:13.000]  But I think that he needs to consider the options of the counterclaim or if he just wants to ask for sanctions.
[50:13.000 --> 50:18.000]  I mean, you can go to court and put a motion for sanctions in there and call it a counterclaim. You're pro-faith.
[50:18.000 --> 50:24.000]  Just do whatever you want. Call it what you want to call it and let the judge work it out from there, to be honest.
[50:24.000 --> 50:27.000]  Because you don't know. You didn't go to law school. You're just trying your best.
[50:27.000 --> 50:31.000]  But as long as it says counterclaim, then technically they're non-suit.
[50:31.000 --> 50:37.000]  They're out of there, your own court, standing on your own lawsuit because they don't have anything else to offer, period.
[50:37.000 --> 50:41.000]  They might put up a defense to your counterclaim, but other than that, it's done.
[50:41.000 --> 50:54.000]  That brings up a question. If they do a non-suit, after they do the non-suit, can you file an amended answer with a counterclaim?
[50:54.000 --> 50:57.000]  Or once the non-suit is filed, is it over?
[50:57.000 --> 51:09.000]  That's correct. Because it's a plaintiff's election, a plaintiff has the right to unilaterally terminate their lawsuit prior to trial, as long as there's no counterclaim on file.
[51:09.000 --> 51:14.000]  As long as there's no counterclaim or no rebuttal evidence has been presented.
[51:14.000 --> 51:21.000]  So if you wanted to hold them in court without having to pay a filing fee, then you would get your counterclaim in ahead of time.
[51:21.000 --> 51:29.000]  But if you did that, then they wouldn't file the non-suit, and then their claim would still be active.
[51:29.000 --> 51:41.000]  But the thing is that he has a copy of the non-suit in his hand, and all it needs to be is put to the court.
[51:41.000 --> 51:49.000]  See what I'm saying? So you have things to consider, Philip. That's all I'm saying. You have things to consider.
[51:49.000 --> 51:57.000]  That sounds good. Counterclaim or just sanctions, and then come back the day later and give them the...
[51:57.000 --> 52:05.000]  Or you could put the counterclaim in for sanctions. It doesn't matter. If you want to preserve your counterclaim, you're going to have to pay to file your lawsuit.
[52:05.000 --> 52:10.000]  If you want to do whatever you're trying, you're going to have to pay to file. So what Randy said is correct.
[52:10.000 --> 52:16.000]  They've already paid the filing fee. So if you submit this counterclaim motion for sanctions, you're not going to pay one cent.
[52:16.000 --> 52:24.000]  You are going to be obligated to come to court and explain to the judge, number one, why did you do alternative service when I told you not to?
[52:24.000 --> 52:33.000]  See what I'm saying? So then you might have more grounds to leverage and get more than a couple of dollars for the negotiations to wrap your counterclaim.
[52:33.000 --> 52:38.000]  And I do like that. I didn't even think about that.
[52:38.000 --> 52:43.000]  Yeah, you have options. That's what I'm saying. You have options. You definitely have some options over this.
[52:43.000 --> 52:47.000]  Well, thank you.
[52:47.000 --> 52:49.000]  You're welcome.
[52:49.000 --> 52:53.000]  Okay. Phillip, is that it for tonight?
[52:53.000 --> 52:57.000]  I think that's it for tonight. Have a great night, sir.
[52:57.000 --> 53:01.000]  Okay. We'll talk tomorrow about business.
[53:01.000 --> 53:03.000]  Yes, sir.
[53:03.000 --> 53:09.000]  Okay. Thank you, Phillip. Now we're going to go to Ralph in Texas. Hello, Ralph.
[53:09.000 --> 53:12.000]  Hello. Hello, Randy. Hello, Sherry.
[53:12.000 --> 53:15.000]  Hi, Ralph. How are you?
[53:15.000 --> 53:20.000]  Good. Good. Talked to an attorney tonight. Okay.
[53:20.000 --> 53:28.000]  I have an attorney who is not doing his job as I saw it and even what he said he could do.
[53:28.000 --> 53:37.000]  After six months of him not doing anything, a bar greased him. And so now he's willing to do a motion to withdraw.
[53:37.000 --> 53:44.000]  He hasn't yet filed one, but he was talking about it all this week through emails.
[53:44.000 --> 53:51.000]  So I don't want him to withdraw. What I want him to do is do his job.
[53:51.000 --> 53:54.000]  He is the learned man here. He's been to school for this.
[53:54.000 --> 54:00.000]  And I want him to help me get rid of this lawsuit, this case investment.
[54:00.000 --> 54:07.000]  So how can I keep him on, give his attention, and make him do his job?
[54:07.000 --> 54:16.000]  Okay. That was something we talked about last night about the lawyer is under contract.
[54:16.000 --> 54:24.000]  What power does a lawyer have to void a contract unilaterally, Sherry?
[54:24.000 --> 54:34.000]  Well, under the Texas law, normally the only way that you can get out of a representation
[54:34.000 --> 54:40.000]  is if there's a genuine disagreement in regards to like ethics.
[54:40.000 --> 54:45.000]  Like if Ralph is asking his attorney to do some unethical things.
[54:45.000 --> 54:52.000]  Or if, you know, Ralph is doing illegal things and trying to have his attorney cover them kind of, that kind of thing.
[54:52.000 --> 54:57.000]  A lawyer usually can approach the judge and opposing counsel and, you know,
[54:57.000 --> 55:01.000]  state in a kind of vague way what's going on.
[55:01.000 --> 55:06.000]  And normally the judge might have something in his chambers or her chambers,
[55:06.000 --> 55:09.000]  listen to the information, and then make decisions.
[55:09.000 --> 55:15.000]  Normally, you have to have the consent of your client to withdraw.
[55:15.000 --> 55:21.000]  Or there has to be like good cause to allow you to withdraw.
[55:21.000 --> 55:26.000]  Just because you guys are not the best of friends, you don't have to be my friend for me to be your lawyer.
[55:26.000 --> 55:29.000]  You just need to pay me and back up.
[55:29.000 --> 55:36.000]  So I'm not exactly sure where the discord is at though in regards to why does he want to leave?
[55:36.000 --> 55:39.000]  He says he's not comfortable representing me.
[55:39.000 --> 55:44.000]  And he says that, I have no idea why that is.
[55:44.000 --> 55:51.000]  And he says that I went behind his back communicating with a prosecutor and the court.
[55:51.000 --> 55:56.000]  And that is totally fictitious.
[55:56.000 --> 55:59.000]  Okay, so then it becomes like, go ahead.
[55:59.000 --> 56:00.000]  Go ahead.
[56:00.000 --> 56:01.000]  Go ahead, Ralph.
[56:01.000 --> 56:02.000]  I know where he's getting that from.
[56:02.000 --> 56:06.000]  I know where he's getting that from, but it doesn't make any sense.
[56:06.000 --> 56:11.000]  It's like reading your watch upside down and going around telling me what time it is.
[56:11.000 --> 56:22.000]  Question would be, since he is your counsel, what does that have to do with him being your counsel?
[56:22.000 --> 56:31.000]  Are you restricted from talking to anyone else because you hired someone to give you counsel?
[56:31.000 --> 56:37.000]  Cherie, would I be restricted?
[56:37.000 --> 56:44.000]  If I have a client, and sometimes me and my clients have discord, but like I always tell my clients, I'm on your side.
[56:44.000 --> 56:49.000]  But if your lawyer is telling you that he's not comfortable, I don't know what you have at stake.
[56:49.000 --> 56:51.000]  Your freedom, your money, I don't know.
[56:51.000 --> 57:00.000]  If the person that I hired to defend me has quivers in his voice about his ability to do so,
[57:00.000 --> 57:05.000]  I don't know how comfortable I would be wanting to keep him, to be honest.
[57:05.000 --> 57:10.000]  If he's telling you man-to-man, he thinks he's in over his head, he just might be.
[57:10.000 --> 57:11.000]  I don't know.
[57:11.000 --> 57:12.000]  Okay.
[57:12.000 --> 57:19.000]  In this case, he's court-appointed counsel in a criminal issue.
[57:19.000 --> 57:25.000]  So the state has paid him to represent the client.
[57:25.000 --> 57:35.000]  And the client has standing, because he's the intended third-party beneficiary of the contract, to enforce the contract.
[57:35.000 --> 57:44.000]  The client, Ralph here, has asked the prosecutor to get this case adjudicated.
[57:44.000 --> 57:48.000]  In six months, the lawyer did nothing.
[57:48.000 --> 57:53.000]  So because he, then he bargrieved the lawyer.
[57:53.000 --> 57:57.000]  So that's why the lawyer wants to bail.
[57:57.000 --> 57:58.000]  Yeah.
[57:58.000 --> 58:03.000]  He's saying that I've contacted the prosecutor, but I only contacted the prosecutor once,
[58:03.000 --> 58:09.000]  and that was three months after the court-appointed attorney was appointed, and he's never called me.
[58:09.000 --> 58:15.000]  And I contacted the prosecutor about a missing file.
[58:15.000 --> 58:16.000]  Okay.
[58:16.000 --> 58:17.000]  Hang on, Ralph.
[58:17.000 --> 58:19.000]  We're about to go to break.
[58:19.000 --> 58:23.000]  This is Randy Kelton, Google Broad Radio, here with Ms. Sherry.
[58:23.000 --> 58:27.000]  Our call-in number is 512-646-1984.
[58:27.000 --> 58:28.000]  We're going to the top of the hour break.
[58:28.000 --> 58:30.000]  It's a three-minute break.
[58:30.000 --> 58:36.000]  So you've got time to go to Logos Radio Network and check out our sponsors.
[58:36.000 --> 58:42.000]  If they have any products or services that you can use, we would greatly appreciate it.
[58:42.000 --> 58:47.000]  If you were to patronize them, there's that patronize them.
[58:47.000 --> 58:50.000]  I always get them back.
[59:17.000 --> 59:19.000]  Thank you.
[59:47.000 --> 01:00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[01:00:06.000 --> 01:00:08.000]  bulletins for the commodities market.
[01:00:08.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:21.000 --> 01:00:28.000]  Markets for the 9th of July, 2015, opened up with gold at $1,158.96 an ounce, silver
[01:00:28.000 --> 01:00:35.000]  $15.39 an ounce, Texas crude $51.65 a barrel, and Bitcoin is currently sitting at about
[01:00:35.000 --> 01:00:43.000]  $1.71 U.S. currency.
[01:00:43.000 --> 01:00:48.000]  Today in history, Wednesday, July 9, 1980, seven people unfortunately died in a stampede
[01:00:48.000 --> 01:00:54.000]  of a frenzied crowd eager to see Pope John Paul II while he was visiting in Terracina,
[01:00:54.000 --> 01:00:58.000]  Brazil.
[01:00:58.000 --> 01:01:03.000]  In recent news, Marine General Joseph Dunford, nominee for the next chairman of the Joint
[01:01:03.000 --> 01:01:07.000]  Chiefs of Staff, rates Russia as the greatest threat to U.S. national security.
[01:01:07.000 --> 01:01:11.000]  My assessment today is that Russia presents the greatest threat to our national security
[01:01:11.000 --> 01:01:15.000]  is what he told the Senate Armed Services Committee at his confirmation hearing this
[01:01:15.000 --> 01:01:16.000]  morning.
[01:01:16.000 --> 01:01:20.000]  In line with what current chairman General Martin Dempsey said in a recently released
[01:01:20.000 --> 01:01:24.000]  report, the national military strategy by the Joint Chiefs of Staff, he said that Russia
[01:01:24.000 --> 01:01:28.000]  repeatedly demonstrates that it does not respect the sovereignty of its neighbors and its willing
[01:01:28.000 --> 01:01:30.000]  to use force to achieve its goals.
[01:01:30.000 --> 01:01:35.000]  Of course, Russia has been saying the same exact thing for some years now about NATO
[01:01:35.000 --> 01:01:44.000]  and U.S. militaristic endeavors in the Middle East.
[01:01:44.000 --> 01:01:48.000]  According to the first report, an 87-page document filed this morning in a federal district
[01:01:48.000 --> 01:01:54.000]  court in Manhattan by federal monitor Peter L. Zimmeroff in charge of overseeing New York
[01:01:54.000 --> 01:01:58.000]  City's police department's stop-and-frisk tactics, which were found to be unconstitutional
[01:01:58.000 --> 01:02:03.000]  in 2013, found that police officers have simply stopped documenting all the encounters that
[01:02:03.000 --> 01:02:08.000]  they have had with citizenry, seriously calling into question the official accounting of a
[01:02:08.000 --> 01:02:12.000]  substantial decline in the unconstitutional stop-and-frisk tactic.
[01:02:12.000 --> 01:02:17.000]  Mr. Zimmeroff wrote that NYPD has conducted several precinct audits and concluded that
[01:02:17.000 --> 01:02:20.000]  some stops were made but not documented.
[01:02:20.000 --> 01:02:24.000]  More work needs to be done to determine the extent of the problem and to make sure that
[01:02:24.000 --> 01:02:26.000]  there is proper record keeping.
[01:02:26.000 --> 01:02:33.000]  Weather stops have fallen to 46,000 last year from the peak of more than 685,000 in 2011
[01:02:33.000 --> 01:02:45.000]  because they were simply not being documented is a serious source of concern.
[01:02:45.000 --> 01:02:48.000]  The Long Star Lowdown is looking for sponsors.
[01:02:48.000 --> 01:02:51.000]  If you have a product or service that you would like to advertise here, feel free to
[01:02:51.000 --> 01:02:56.000]  give us a call at 210-863-5617.
[01:02:56.000 --> 01:03:24.000]  This has been your Lowdown for July 9, 2015.
[01:03:26.000 --> 01:03:33.000]  Okay, we are back.
[01:03:33.000 --> 01:03:43.000]  Randy Pelton, U of R radio, and we're here with Ms. Sherry.
[01:03:43.000 --> 01:03:46.000]  We're talking to Ralph in Texas.
[01:03:46.000 --> 01:03:47.000]  Okay, Ralph.
[01:03:47.000 --> 01:03:53.000]  Randy, you guys are breaking up a little bit, but I think I'm getting the gist of this.
[01:03:53.000 --> 01:04:02.000]  Sherry said that an attorney has to have a reason, usually an ethical reason, for withdrawing.
[01:04:02.000 --> 01:04:13.000]  So I suppose I need to read the rule book where it deals with counsel withdrawing.
[01:04:13.000 --> 01:04:23.000]  The next thing I'm wanting to know is if the judge rules for the withdrawal, grants the withdrawal,
[01:04:23.000 --> 01:04:26.000]  where does that put me?
[01:04:26.000 --> 01:04:31.000]  Can I build the judge's decision before we go any further?
[01:04:31.000 --> 01:04:38.000]  Is the judge interfering with the contract that I'm a third-party beneficiary of?
[01:04:38.000 --> 01:04:43.000]  Okay, well, if this was my situation, and because you're facing criminal charges, to
[01:04:43.000 --> 01:04:46.000]  me, one day in jail is one day too many.
[01:04:46.000 --> 01:04:53.000]  So I would probably approach the supervisor of the...there's someone in charge of all
[01:04:53.000 --> 01:04:54.000]  of this.
[01:04:54.000 --> 01:04:57.000]  Someone asked me, did I want to get on the will?
[01:04:57.000 --> 01:05:01.000]  And I'm like, no, I don't want to get on the will, but can you explain to me the will?
[01:05:01.000 --> 01:05:05.000]  You have to have so much experience to even get put on a will to be publicly appointed.
[01:05:05.000 --> 01:05:10.000]  Okay, then make sure that you know this, know that, so every attorney on there technically
[01:05:10.000 --> 01:05:14.000]  has the skill set to represent you at various levels.
[01:05:14.000 --> 01:05:18.000]  Normally, the misdemeanor courts have the younger attorneys, and obviously the felonies
[01:05:18.000 --> 01:05:22.000]  have the more mature, more seasoned, because there's more at stake.
[01:05:22.000 --> 01:05:27.000]  If you really feel like your lawyer is going to do you a disservice, you might want to
[01:05:27.000 --> 01:05:31.000]  talk to the supervisor or whoever is in charge of the program over there.
[01:05:31.000 --> 01:05:34.000]  You might want to try to convey to him, I think it's best...I know that you normally
[01:05:34.000 --> 01:05:38.000]  don't do this, but I think it's best for your department, whatnot.
[01:05:38.000 --> 01:05:43.000]  When you get into court, you can definitely ask to speak to the judge and stay on the
[01:05:43.000 --> 01:05:44.000]  record.
[01:05:44.000 --> 01:05:45.000]  You have some reservations.
[01:05:45.000 --> 01:05:49.000]  The judge might clear out the courtroom and might ask you to speak freely.
[01:05:49.000 --> 01:05:50.000]  Where's your reservation?
[01:05:50.000 --> 01:05:51.000]  What's the problem?
[01:05:51.000 --> 01:05:56.000]  And you might be able to hash something out with only you, opposing counsel, your counsel,
[01:05:56.000 --> 01:06:00.000]  nobody else in the courtroom, period, if there's really, truly a problem.
[01:06:00.000 --> 01:06:04.000]  So that way, you'll kind of be covered.
[01:06:04.000 --> 01:06:09.000]  If the supervisor and attorney can do something to make this flow a little better, he might.
[01:06:09.000 --> 01:06:15.000]  The judge, if you have a bar grievance against an attorney, the judge might agree that this
[01:06:15.000 --> 01:06:18.000]  gentleman doesn't need to be your lawyer, because there's a conflict.
[01:06:18.000 --> 01:06:24.000]  So, I mean, it's not...because it's an actual matter, only a trier factor determines what
[01:06:24.000 --> 01:06:25.000]  is really an option.
[01:06:25.000 --> 01:06:30.000]  But you can definitely try to approach it.
[01:06:30.000 --> 01:06:35.000]  Let me explain a little different position.
[01:06:35.000 --> 01:06:44.000]  See, we had a caller that calls in regular, Julius, and he had a court appointed counsel.
[01:06:44.000 --> 01:06:46.000]  And Julius does his homework.
[01:06:46.000 --> 01:06:55.000]  So, he was asking the lawyer to do things the lawyer didn't want to do, to file motions
[01:06:55.000 --> 01:06:57.000]  concerning due process issues.
[01:06:57.000 --> 01:07:03.000]  And finally, the lawyer got frustrated with him and told him, look, Mr. Julius, you have
[01:07:03.000 --> 01:07:10.000]  to understand, my only purpose here is to make sure you don't have anything to appeal.
[01:07:10.000 --> 01:07:17.000]  Now, I don't know how accurate that was, but that is a concern.
[01:07:17.000 --> 01:07:24.000]  When we have court appointed counsel, I live in a small town, Wise County, northwest of
[01:07:24.000 --> 01:07:25.000]  Fort Worth.
[01:07:25.000 --> 01:07:33.000]  In Wise County, if you're a court appointed counsel and you get a client and you get the
[01:07:33.000 --> 01:07:37.000]  client to plea out, they'll pay you 250 bucks.
[01:07:37.000 --> 01:07:45.000]  If you can't get the client to plea out, they'll pay you $125.
[01:07:45.000 --> 01:07:46.000]  This is a problem.
[01:07:46.000 --> 01:07:48.000]  So, he has a lawyer here.
[01:07:48.000 --> 01:07:55.000]  And what I was kind of the position I take is you have this lawyer who's in a position
[01:07:55.000 --> 01:08:00.000]  to where, for the most part, he can't buck this court.
[01:08:00.000 --> 01:08:05.000]  If he annoys this court, they're going to take him off the wheel, and he's not going
[01:08:05.000 --> 01:08:08.000]  to get any more business from them.
[01:08:08.000 --> 01:08:16.000]  And the judge can jerk his bar card on a whim or sanction him on a whim or rule against his
[01:08:16.000 --> 01:08:17.000]  next client.
[01:08:17.000 --> 01:08:25.000]  So, if you got to get your lawyer to actively adjudicate your case, you got to give him
[01:08:25.000 --> 01:08:26.000]  plausible deniability.
[01:08:26.000 --> 01:08:34.000]  The last case I had in Austin, this is how I won the case, is I gave my lawyer plausible
[01:08:34.000 --> 01:08:35.000]  deniability.
[01:08:35.000 --> 01:08:40.000]  I told him from the very beginning when they first appointed him, he's telling me how things
[01:08:40.000 --> 01:08:41.000]  are going to go.
[01:08:41.000 --> 01:08:44.000]  And I told him, no, no, no, no, that's not how they're going to go.
[01:08:44.000 --> 01:08:47.000]  He said, well, Mr. Kelton, how are they going to go?
[01:08:47.000 --> 01:08:50.000]  I said, well, you're going to go to the judge and ask the judge to remove you from this
[01:08:50.000 --> 01:08:51.000]  case.
[01:08:51.000 --> 01:08:55.000]  And I'm going to go to the judge and say, don't you dare remove him from this case.
[01:08:55.000 --> 01:08:57.000]  He's my counsel of choice.
[01:08:57.000 --> 01:08:58.000]  And he's under contract.
[01:08:58.000 --> 01:09:01.000]  And the lawyer said, well, I'm not under contract with you, Mr. Kelton.
[01:09:01.000 --> 01:09:03.000]  I'm under contract with the state.
[01:09:03.000 --> 01:09:04.000]  Yes, you are.
[01:09:04.000 --> 01:09:06.000]  But I'm the intended third party beneficiary.
[01:09:06.000 --> 01:09:10.000]  And I have standing to enforce the contract and the judge is going to remove you from
[01:09:10.000 --> 01:09:11.000]  the case.
[01:09:11.000 --> 01:09:12.000]  And he said, yes, he will.
[01:09:12.000 --> 01:09:16.000]  Then I get to sue the judge for interfering with the private contract.
[01:09:16.000 --> 01:09:20.000]  Then the lawyer sat back and looked at me and you could see it in his eyes.
[01:09:20.000 --> 01:09:23.000]  It was his first year of practicing.
[01:09:23.000 --> 01:09:26.000]  This guy's going to get me disbarred.
[01:09:26.000 --> 01:09:33.000]  Well, finally we're in court and the lawyer came to me, told me that the prosecutor said
[01:09:33.000 --> 01:09:35.000]  she knows who you are.
[01:09:35.000 --> 01:09:38.000]  And if you start filing criminal charges, she's going to charge you with tampering
[01:09:38.000 --> 01:09:39.000]  a government document.
[01:09:39.000 --> 01:09:42.000]  The prosecutor's standing up by the bench.
[01:09:42.000 --> 01:09:44.000]  I looked over there and I said, she said that, didn't she?
[01:09:44.000 --> 01:09:45.000]  Yes, she did.
[01:09:45.000 --> 01:09:46.000]  I said, well, get her over here.
[01:09:46.000 --> 01:09:49.000]  I got about 30 of these and I pulled them out of my case.
[01:09:49.000 --> 01:09:54.000]  I need her to verify these in accordance with their duty under Article 2.06.
[01:09:54.000 --> 01:09:56.000]  Get her over here and I pointed at her.
[01:09:56.000 --> 01:09:57.000]  You, get over here.
[01:09:57.000 --> 01:10:00.000]  And she kind of cringed back up against the bench.
[01:10:00.000 --> 01:10:03.000]  I turned around to my lawyer, here, take these.
[01:10:03.000 --> 01:10:06.000]  He held up both hands and said, I'm not going to touch them.
[01:10:06.000 --> 01:10:07.000]  I'm not going to touch them.
[01:10:07.000 --> 01:10:09.000]  Take them, you chicken.
[01:10:09.000 --> 01:10:13.000]  Well, the judge, the recessed for lunch.
[01:10:13.000 --> 01:10:18.000]  While we were at lunch, he dismissed the case.
[01:10:18.000 --> 01:10:24.000]  What I did was put the lawyer in a position to where he had plausible deniability.
[01:10:24.000 --> 01:10:30.000]  Now he can go to the judge and say, I got a difficult client here, judge.
[01:10:30.000 --> 01:10:33.000]  He's going to kick my behind.
[01:10:33.000 --> 01:10:40.000]  And I don't know if I've talked to you about this before, not Sherry, but I talked about this on the air.
[01:10:40.000 --> 01:10:48.000]  When I go into court, it's like I'm sitting at a four-sided chessboard.
[01:10:48.000 --> 01:10:50.000]  I'm on one side.
[01:10:50.000 --> 01:10:53.000]  My lawyer is to my right.
[01:10:53.000 --> 01:10:55.000]  Opposing counsel is to my left.
[01:10:55.000 --> 01:10:57.000]  The judge is across from me.
[01:10:57.000 --> 01:11:00.000]  This is all about relationships.
[01:11:00.000 --> 01:11:03.000]  I have a relationship with my lawyer.
[01:11:03.000 --> 01:11:07.000]  My lawyer has a relationship with the judge and the other lawyer.
[01:11:07.000 --> 01:11:11.000]  The other lawyer has a relationship with my lawyer and the judge.
[01:11:11.000 --> 01:11:16.000]  I am the only one here that's left out of a bunch of this.
[01:11:16.000 --> 01:11:24.000]  So if I'm going to win my case, I maintain that you'll never win your case simply because you have the law and the facts on your side.
[01:11:24.000 --> 01:11:26.000]  To think so is naive.
[01:11:26.000 --> 01:11:29.000]  You win your case if you have the politics on your side.
[01:11:29.000 --> 01:11:33.000]  So when you get there and get in there and create a little politics,
[01:11:33.000 --> 01:11:42.000]  what happened in my case was I invoked the relationship between the judge and my lawyer.
[01:11:42.000 --> 01:11:47.000]  The court appointed that lawyer to represent me.
[01:11:47.000 --> 01:11:49.000]  He didn't solicit me.
[01:11:49.000 --> 01:11:51.000]  He was stuck with me.
[01:11:51.000 --> 01:11:55.000]  And now I'm about to kick his behind.
[01:11:55.000 --> 01:11:59.000]  So the judge dismissed the case to protect my lawyer from me.
[01:11:59.000 --> 01:12:02.000]  Does that make sense, Sherry?
[01:12:02.000 --> 01:12:05.000]  Yes, it does.
[01:12:05.000 --> 01:12:09.000]  But, you know, it's different ways to handle different situations.
[01:12:09.000 --> 01:12:15.000]  And like I told Phillip, you just have to make the best decision for yourself and your situation.
[01:12:15.000 --> 01:12:22.000]  But approaching the supervisor, approaching the judge, or just, you know, like Randy did, handle it the way Randy handled it,
[01:12:22.000 --> 01:12:24.000]  it's definitely your decision.
[01:12:24.000 --> 01:12:26.000]  You just want to make the best one.
[01:12:26.000 --> 01:12:30.000]  I think if you talk to the lawyer and then possibly talk to the supervisor,
[01:12:30.000 --> 01:12:32.000]  I mean, they may be able to do something.
[01:12:32.000 --> 01:12:33.000]  I'm not sure.
[01:12:33.000 --> 01:12:37.000]  But, you know, if you really feel that you're going to not get justice served
[01:12:37.000 --> 01:12:41.000]  or you feel like you're going to not have the best representation,
[01:12:41.000 --> 01:12:44.000]  I mean, you have to consider those options.
[01:12:44.000 --> 01:12:51.000]  Like, you know, nobody wants their liberties taken away just because of the luck of a will.
[01:12:51.000 --> 01:12:53.000]  Well, this guy is good.
[01:12:53.000 --> 01:12:59.000]  The problem he has is if he's good for it,
[01:12:59.000 --> 01:13:01.000]  I don't know why he's dragging his feet.
[01:13:01.000 --> 01:13:04.000]  He's not telling me anything that makes any sense.
[01:13:04.000 --> 01:13:06.000]  But now he's coming at me.
[01:13:06.000 --> 01:13:08.000]  I understand he's being upset about the ballgame.
[01:13:08.000 --> 01:13:14.000]  But now he's coming at me with all his accusations saying I'm doing these things, which I'm not doing.
[01:13:14.000 --> 01:13:17.000]  But it's not to say that in court he won't defend you, though.
[01:13:17.000 --> 01:13:19.000]  It's not to say that he won't defend you.
[01:13:19.000 --> 01:13:20.000]  But that's one thing.
[01:13:20.000 --> 01:13:23.000]  I think it's a conversation, probably man-to-man conversation.
[01:13:23.000 --> 01:13:26.000]  And then once you have the conversation, you'll probably have a visceral feeling.
[01:13:26.000 --> 01:13:32.000]  Your instincts are going to kick in, and I think you're going to pull the trigger in whatever direction it needs to be pulled.
[01:13:32.000 --> 01:13:33.000]  You see what I'm saying?
[01:13:33.000 --> 01:13:37.000]  But you need to go to him and have the conversation.
[01:13:37.000 --> 01:13:38.000]  Yeah, go to the supervisor.
[01:13:38.000 --> 01:13:40.000]  Let the supervisor know my feelings.
[01:13:40.000 --> 01:13:41.000]  Talk to the attorney.
[01:13:41.000 --> 01:13:43.000]  The supervisor will go between.
[01:13:43.000 --> 01:13:45.000]  That may work.
[01:13:45.000 --> 01:13:47.000]  You know, like I said, I have no problem.
[01:13:47.000 --> 01:13:51.000]  He's been to school for this, and that's what I told him in an email.
[01:13:51.000 --> 01:13:54.000]  I said, you've been to school for this, not me.
[01:13:54.000 --> 01:13:56.000]  You know?
[01:13:56.000 --> 01:14:02.000]  And he told me early on, he said, I'm going to do whatever you say unless it's unethical.
[01:14:02.000 --> 01:14:07.000]  And if I feel like what you want me to do is wrong, I will let you know.
[01:14:07.000 --> 01:14:08.000]  But he hasn't.
[01:14:08.000 --> 01:14:11.000]  Then I think you should just have a very the hatchet conversation.
[01:14:11.000 --> 01:14:13.000]  Tell him that you respect his intellect.
[01:14:13.000 --> 01:14:15.000]  You respect that he can handle it.
[01:14:15.000 --> 01:14:19.000]  But then if it doesn't come out how you want, then just go to the next level in your results.
[01:14:19.000 --> 01:14:22.000]  Yeah, and that's why you don't want to get rid of this lawyer.
[01:14:22.000 --> 01:14:25.000]  You already got his attention.
[01:14:25.000 --> 01:14:29.000]  And he knows that you're not going to just lay back and let him do anything he wants to,
[01:14:29.000 --> 01:14:34.000]  that you're going to fight for your rights, even if it means kicking him in the behind.
[01:14:34.000 --> 01:14:35.000]  This is great.
[01:14:35.000 --> 01:14:37.000]  Now you've got somebody who will pay attention to you.
[01:14:37.000 --> 01:14:44.000]  You don't want the judge to toss him out and give you somebody else to do the same thing again with.
[01:14:44.000 --> 01:14:53.000]  I warned him three months ago that I was going to bar-greet him.
[01:14:53.000 --> 01:14:55.000]  I don't understand what's going on.
[01:14:55.000 --> 01:14:58.000]  Okay, can I get two more issues?
[01:14:58.000 --> 01:15:01.000]  Maybe they won't need up too much time.
[01:15:01.000 --> 01:15:10.000]  But one is if the attorney asks for a motions hearing on his motion to withdrawal,
[01:15:10.000 --> 01:15:20.000]  and I'm asking for a motions hearing on my stuff, then how long does it take to get a motions hearing?
[01:15:20.000 --> 01:15:23.000]  I don't think there's definitely a set rule.
[01:15:23.000 --> 01:15:25.000]  And then you would have to go through whatever courts are in there.
[01:15:25.000 --> 01:15:29.000]  There should be local rules that should give you some kind of inkling.
[01:15:29.000 --> 01:15:32.000]  If you're really in a jam, you could probably call the clerk.
[01:15:32.000 --> 01:15:35.000]  If there's a local rule, they'll be able to point you to the local rule.
[01:15:35.000 --> 01:15:40.000]  But if everybody's going to be present, and you file your motion rather quickly,
[01:15:40.000 --> 01:15:46.000]  and you serve it on everybody else in the party, and his motion goes in around the same time as yours,
[01:15:46.000 --> 01:15:50.000]  more than likely for judicial economy, the judge will hear every motion that's open,
[01:15:50.000 --> 01:15:54.000]  because he's going to shut it down or grant it one or the other.
[01:15:54.000 --> 01:16:01.000]  So if your lawyer has filed a motion to withdrawal, then you might want to put a motion to...
[01:16:01.000 --> 01:16:05.000]  And because, once again, you're not an attorney, just write on the paper what you feel, what you think.
[01:16:05.000 --> 01:16:08.000]  Just write it in the clearest language you can, file it.
[01:16:08.000 --> 01:16:13.000]  The judge would definitely have to tell you something about what you wrote or whatever you're asking.
[01:16:13.000 --> 01:16:15.000]  He's going to have to ask you questions.
[01:16:15.000 --> 01:16:21.000]  So at least you're putting something on the table if you're trying to get a hearing for yourself.
[01:16:21.000 --> 01:16:24.000]  I don't know what you're trying to do, but you have to start with,
[01:16:24.000 --> 01:16:29.000]  keep the English simple and file paper with the court if that's what you're trying to do.
[01:16:29.000 --> 01:16:33.000]  Okay. All right. Now, Warner, saying...
[01:16:33.000 --> 01:16:36.000]  Okay. Hang on. We're about to go to break.
[01:16:36.000 --> 01:16:39.000]  This is Randy Kelton, Wheel of Law Radio.
[01:16:39.000 --> 01:16:43.000]  I'll call you at number 512-646-1984.
[01:16:43.000 --> 01:16:47.000]  Give us a call. We'll have the call boards open all night.
[01:16:47.000 --> 01:16:53.000]  Terry, Michigan, I see you there. We will pick you up when we get back.
[01:16:53.000 --> 01:16:57.000]  I ran out of talk before I ran out of time.
[01:16:57.000 --> 01:16:59.000]  We'll be right back.
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[01:19:00.000 --> 01:19:16.000]  This is the Logos Mapogos Radio Net Video Network.
[01:19:16.000 --> 01:19:31.000]  Thank you for watching.
[01:19:46.000 --> 01:19:52.000]  Okay, we are back.
[01:19:52.000 --> 01:19:59.000]  Randy Kelton, Rubah Radio, here with Ms. Sherry, and we're talking to Ralph in Texas.
[01:19:59.000 --> 01:20:05.000]  Okay, Ralph, do you have a plan on what you intend to do at this point?
[01:20:05.000 --> 01:20:14.000]  Well, I'm going to look up, I've got a couple of notes here, plus I'm going to go back over the audio.
[01:20:14.000 --> 01:20:23.000]  Standing in force with the contract, CCC 32.02A, which you mentioned last night.
[01:20:23.000 --> 01:20:26.000]  Oh, 3202A, speedy trial.
[01:20:26.000 --> 01:20:30.000]  You raised an issue about speedy trial.
[01:20:30.000 --> 01:20:42.000]  And that is a problem because the courts have essentially thrown out this statutory speedy trial.
[01:20:42.000 --> 01:20:46.000]  But the constitutional speedy trial is still there.
[01:20:46.000 --> 01:20:57.000]  Sherry, can you kind of explain how that works with 3202A being tossed and all we have left is constitutional?
[01:20:57.000 --> 01:21:02.000]  Well, okay, there's different ways that laws come into effect.
[01:21:02.000 --> 01:21:13.000]  Like the Constitution is usually the older version, more simpler version when times were clearly slower and easier to handle.
[01:21:13.000 --> 01:21:18.000]  Under like the Texas Constitution, you have rights to like lien property as long as you put work into them.
[01:21:18.000 --> 01:21:22.000]  Then you have statutory liens that you can do or statutory laws.
[01:21:22.000 --> 01:21:26.000]  But statutory is usually a little bit more complicated.
[01:21:26.000 --> 01:21:37.000]  As far as the speedy trial under the U.S. Constitution, like it will take a severe significant act to change the Constitution of the United States.
[01:21:37.000 --> 01:21:46.000]  So there's always going to be a constitutional speedy clause unless, I don't know, the forefathers come back to life and change the Constitution.
[01:21:46.000 --> 01:21:49.000]  The Constitution is not changing anytime soon, the U.S. Constitution.
[01:21:49.000 --> 01:21:53.000]  The Texas Constitution, it's very complicated to change as well.
[01:21:53.000 --> 01:22:00.000]  So maybe that's why they're tinkering with statutory because statutory is law made by the state.
[01:22:00.000 --> 01:22:10.000]  Yeah, the problem with 3202A is it statutorily dictated a judicial determination.
[01:22:10.000 --> 01:22:21.000]  It said that under a class C misdemeanor, if the person was not brought to trial within 30 days, then the court shall dismiss the case.
[01:22:21.000 --> 01:22:31.000]  And it was 90 days for a B, 120 for an A, and 180 for a felony.
[01:22:31.000 --> 01:22:37.000]  And then the courts came in and said that dictates a judicial determination.
[01:22:37.000 --> 01:22:39.000]  The statute is unconstitutional.
[01:22:39.000 --> 01:22:41.000]  So they threw that out.
[01:22:41.000 --> 01:22:47.000]  Now we no longer have the statutory to speedy trial.
[01:22:47.000 --> 01:22:53.000]  Now we're left back with the constitutional right.
[01:22:53.000 --> 01:23:00.000]  And the problem is the Constitution doesn't define what is a speedy trial.
[01:23:00.000 --> 01:23:04.000]  3202A did, but they tossed that.
[01:23:04.000 --> 01:23:12.000]  So now we're stuck where the courts can kind of make whatever determination they think is equitable.
[01:23:12.000 --> 01:23:17.000]  I think that when there's usually an absence, they usually do reasonable.
[01:23:17.000 --> 01:23:19.000]  And when it's reasonable, they usually look across.
[01:23:19.000 --> 01:23:25.000]  You probably can find case law to give you some rule of thumb in regards to what is speedy in the state of Texas,
[01:23:25.000 --> 01:23:31.000]  because what's speedy in the state of Texas might be different than what's speedy in the state of Alabama, so to speak.
[01:23:31.000 --> 01:23:36.000]  So you probably can get a rule of thumb in regards to that.
[01:23:36.000 --> 01:23:41.000]  Yeah, in looking at cases, I haven't found anything.
[01:23:41.000 --> 01:23:53.000]  I would have expected that the courts would use the time limits that were in 3202A as a guideline
[01:23:53.000 --> 01:24:03.000]  of what the legislative intent was concerning what constitutes a violation of your right to a speedy trial.
[01:24:03.000 --> 01:24:04.000]  They didn't do that.
[01:24:04.000 --> 01:24:07.000]  Well, it might have been complicated for the courts.
[01:24:07.000 --> 01:24:14.000]  Right now, the dockets are very heavy, and it might have been impractical for them to have such rigorous lines
[01:24:14.000 --> 01:24:16.000]  if the court can't really live up to them.
[01:24:16.000 --> 01:24:25.000]  So the courts might be in practice still utilizing that statutory law, even though it's not in effect,
[01:24:25.000 --> 01:24:26.000]  if you understand what I'm saying.
[01:24:26.000 --> 01:24:29.000]  They still might be using that rule of thumb, even though it's not on the books anymore.
[01:24:29.000 --> 01:24:40.000]  I tried to find something that was consistent, but the courts, they look at each case individually
[01:24:40.000 --> 01:24:44.000]  and decide what they think is speedy and what's not speedy.
[01:24:44.000 --> 01:24:49.000]  They decide what delay they think is warranted, what's not.
[01:24:49.000 --> 01:25:00.000]  They don't find anything that's kind of a hard line to say over this amount of time, there is the presumption
[01:25:00.000 --> 01:25:05.000]  that it's not speedy, and that's what the statute gave us, but that's gone.
[01:25:05.000 --> 01:25:10.000]  So there is no automatic presumption.
[01:25:10.000 --> 01:25:17.000]  Well, I think that's by design, though, that they wanted to move away from the rigidness of it, to be honest with me,
[01:25:17.000 --> 01:25:20.000]  I think they could do with her.
[01:25:20.000 --> 01:25:24.000]  We want them to move back because we want that speedy trial back.
[01:25:24.000 --> 01:25:30.000]  You can get a ticket, you can have that ticket hanging around for a year, a year and a half, two years,
[01:25:30.000 --> 01:25:32.000]  however long they want to.
[01:25:32.000 --> 01:25:35.000]  And the warrant that goes with it.
[01:25:35.000 --> 01:25:41.000]  You get a Class A misdemeanor, you can spend three years with that hanging over you.
[01:25:41.000 --> 01:25:45.000]  I spent two years with one hanging over me.
[01:25:45.000 --> 01:25:47.000]  I could not get it to trial.
[01:25:47.000 --> 01:25:56.000]  They just kept delaying and delaying because they were hoping that eventually the stress would get to me and I'd just make a deal.
[01:25:56.000 --> 01:26:02.000]  This seems to be a common practice and one that we're trying to fight against.
[01:26:02.000 --> 01:26:12.000]  With a conviction rate of 99.6 for all crimes across the board, something's really wrong here.
[01:26:12.000 --> 01:26:15.000]  Well, I had a court date.
[01:26:15.000 --> 01:26:21.000]  Then I was appointed a court-appointed attorney and they told me they were going to postpone the court date
[01:26:21.000 --> 01:26:24.000]  until the attorney could be brought up to speed.
[01:26:24.000 --> 01:26:29.000]  That was over six months ago.
[01:26:29.000 --> 01:26:37.000]  But at the same time, and I understand that you definitely, I can hear the passion in your voice,
[01:26:37.000 --> 01:26:41.000]  but I don't know if your passion is in a proper place, to be honest,
[01:26:41.000 --> 01:26:47.000]  because you wouldn't want to have a court-appointed attorney who didn't get enough time to get up to speed.
[01:26:47.000 --> 01:26:49.000]  Because it's your freedom as a state.
[01:26:49.000 --> 01:26:57.000]  While I understand you want this thing over with, is it more important to go to court quickly and lose or not put up to best defense?
[01:26:57.000 --> 01:27:06.000]  Or is it better to walk down the court slowly and not be put in jail or have bad representation?
[01:27:06.000 --> 01:27:10.000]  It's kind of like a rock and a hard place.
[01:27:10.000 --> 01:27:12.000]  Well, in my case, it's a fine only.
[01:27:12.000 --> 01:27:14.000]  There's no jail time.
[01:27:14.000 --> 01:27:27.000]  And the attorneys already told me that this is a no-brainer, that there's no way to lose it unless the jury does not go by the law.
[01:27:27.000 --> 01:27:30.000]  Well, a jury is free to do.
[01:27:30.000 --> 01:27:32.000]  A jury is not a predictable...
[01:27:32.000 --> 01:27:36.000]  The judge and the jury are the two scariest people in the courtroom to me.
[01:27:36.000 --> 01:27:42.000]  Because you cannot ever predict what...
[01:27:42.000 --> 01:27:47.000]  Hey, I am absolutely consistent with juries.
[01:27:47.000 --> 01:27:51.000]  I can always predict a jury in my cases.
[01:27:51.000 --> 01:27:58.000]  They always find me incredibly guilty.
[01:27:58.000 --> 01:28:06.000]  I was in court in Dallas County one time, and I watched the case, and people are looking at the jury.
[01:28:06.000 --> 01:28:08.000]  Well, the verdict came back guilty.
[01:28:08.000 --> 01:28:12.000]  So you have the right to ask, why did you guys decide guilty?
[01:28:12.000 --> 01:28:17.000]  But one lady said, the foreman, I believe she said, well, he just looked guilty.
[01:28:17.000 --> 01:28:19.000]  I'm like, what?
[01:28:19.000 --> 01:28:21.000]  That's when my eyes were opened.
[01:28:21.000 --> 01:28:26.000]  He looked guilty, so you voted guilty because he looked guilty to you?
[01:28:26.000 --> 01:28:29.000]  Did you listen to anything that anyone said?
[01:28:29.000 --> 01:28:31.000]  Well, it just looked like he was guilty.
[01:28:31.000 --> 01:28:32.000]  Okay.
[01:28:32.000 --> 01:28:33.000]  Thank you, ma'am.
[01:28:33.000 --> 01:28:36.000]  Thank you, Madam Juror Foreman.
[01:28:36.000 --> 01:28:38.000]  Thank you.
[01:28:38.000 --> 01:28:40.000]  Yeah, that doesn't sound good.
[01:28:40.000 --> 01:28:42.000]  It does not.
[01:28:42.000 --> 01:28:47.000]  Every person in the jury box is their own individual person, and they're going to...
[01:28:47.000 --> 01:28:49.000]  So it's a little bit more complicated.
[01:28:49.000 --> 01:28:54.000]  That's why, even though you might not have faith in your lawyer or you...
[01:28:54.000 --> 01:28:57.000]  When it's showtime, I'm sure he's going to come to play.
[01:28:57.000 --> 01:29:03.000]  I know you have reservations or whatever, but his bar card that now does have a grievance on it,
[01:29:03.000 --> 01:29:05.000]  it's still valid for him to play.
[01:29:05.000 --> 01:29:08.000]  But if he goes into court and doesn't represent you to the best of his ability,
[01:29:08.000 --> 01:29:11.000]  he's going to have even more problems.
[01:29:11.000 --> 01:29:14.000]  So that's why I'm like, you have to do...
[01:29:14.000 --> 01:29:15.000]  You know more facts than me.
[01:29:15.000 --> 01:29:17.000]  You have hands-on experience in regards to all this,
[01:29:17.000 --> 01:29:21.000]  but you still have to make the best decision for you and the circumstances
[01:29:21.000 --> 01:29:23.000]  that you have endured at this point.
[01:29:23.000 --> 01:29:28.000]  So I wish you the best with your decision, and I'm sure you're going to make the right one.
[01:29:28.000 --> 01:29:30.000]  Okay, thank you for that.
[01:29:30.000 --> 01:29:31.000]  You're welcome.
[01:29:31.000 --> 01:29:34.000]  I do have one more question.
[01:29:34.000 --> 01:29:36.000]  We're on the break again already?
[01:29:36.000 --> 01:29:38.000]  We're about to go to break again already.
[01:29:38.000 --> 01:29:39.000]  This is moving quickly.
[01:29:39.000 --> 01:29:41.000]  We're having way too much fun.
[01:29:41.000 --> 01:29:43.000]  This is Randy Kelton.
[01:29:43.000 --> 01:29:44.000]  You have our radio.
[01:29:44.000 --> 01:29:47.000]  I call it number 512-646-1984.
[01:29:47.000 --> 01:29:48.000]  Hang on, Terry.
[01:29:48.000 --> 01:29:50.000]  We'll get to you when we come back.
[01:29:50.000 --> 01:29:53.000]  We've got one more question with Ralph, and then we'll get to you.
[01:29:53.000 --> 01:30:21.000]  We'll be right back.
[01:30:23.000 --> 01:30:48.000]  What does a terrorist look like?
[01:30:48.000 --> 01:30:51.000]  According to the FBI, it could be anyone who cares about privacy,
[01:30:51.000 --> 01:30:55.000]  shielding their IP address on the Web and always paying with cash.
[01:30:55.000 --> 01:31:01.000]  No joke, pay cash for a cup of coffee, and the FBI says you, too, may be a potential criminal.
[01:31:01.000 --> 01:31:05.000]  It's all on a flyer the FBI is circulating among Internet cafe owners,
[01:31:05.000 --> 01:31:08.000]  urging them to spy on their patrons.
[01:31:08.000 --> 01:31:10.000]  Are customers hiding their screens from view?
[01:31:10.000 --> 01:31:16.000]  Are they making voiceover IP calls or using Google Earth to look at, say, train stations?
[01:31:16.000 --> 01:31:21.000]  Report them all, says the FBI, and become a member of the police state.
[01:31:21.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:17.000]  That's why you have insurance, and Hill Country Home Improvements
[01:32:17.000 --> 01:32:21.000]  can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:22.000]  And we accept Bitcoin.
[01:32:22.000 --> 01:32:26.000]  As a multiyear A-plus member of the Better Business Bureau with zero complaints,
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[01:32:30.000 --> 01:32:32.000]  and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:41.000]  Mention the crypto show and get $100 off,
[01:32:41.000 --> 01:32:45.000]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:01.000]  I mean, I'd actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:11.000]  Looking for some truth? You found it. Logosradionetwork.com.
[01:33:31.000 --> 01:33:46.000]  I've got two peeps. I'm not sure if I'm in or not.
[01:33:46.000 --> 01:33:52.000]  Okay, I'm going to assume that we have a little technical difficulty right there.
[01:33:52.000 --> 01:34:00.000]  This is Randy Kelton, the roof of our radio, and I'm talking to Ralph in Texas.
[01:34:00.000 --> 01:34:05.000]  Hello, Ralph. Okay, you had another question.
[01:34:05.000 --> 01:34:07.000]  Yes, sir. One more question.
[01:34:07.000 --> 01:34:12.000]  Maybe Sherry can help me with this one or you either one, but it's about complaints.
[01:34:12.000 --> 01:34:20.000]  The prosecutor has said that she will take a criminal complaint from me over the police,
[01:34:20.000 --> 01:34:23.000]  and she says she'll give it to the grand jury.
[01:34:23.000 --> 01:34:27.000]  But in writing the complaint, I'm kind of lost.
[01:34:27.000 --> 01:34:29.000]  I'm not really sure what would be a good complaint.
[01:34:29.000 --> 01:34:32.000]  I know I've got to put the truth in it, but how much truth,
[01:34:32.000 --> 01:34:36.000]  and let's say that if I'm charging the officer with assault,
[01:34:36.000 --> 01:34:42.000]  do I say he assaulted me or do I say he put his hands on me?
[01:34:42.000 --> 01:34:43.000]  That's pretty much what...
[01:34:43.000 --> 01:34:51.000]  The definition of simple assault is if someone touches you in a way a reasonable person
[01:34:51.000 --> 01:34:59.000]  of ordinary provenance would find defensive. However, that's not how it's prosecuted.
[01:34:59.000 --> 01:35:09.000]  Sherry, in the practice, what constitutes assault, simple assault?
[01:35:09.000 --> 01:35:21.000]  Well, usually simple assault is the unlawful... I'm trying to give you the black letter.
[01:35:21.000 --> 01:35:30.000]  The code says if someone says something or touches a person in a way
[01:35:30.000 --> 01:35:35.000]  that a reasonable person would find offensive, but every time I speak to simple assault,
[01:35:35.000 --> 01:35:39.000]  they always say, well, you've got to do some injury or something.
[01:35:39.000 --> 01:35:46.000]  What does it take to be able to actually sustain a claim of assault?
[01:35:46.000 --> 01:35:53.000]  Well, I know that in criminal courts, they usually have a picture
[01:35:53.000 --> 01:36:01.000]  or showing something that there was an actual contact, that the contact was not consented to,
[01:36:01.000 --> 01:36:08.000]  and that damages were like the argument, fistfights, things of that nature.
[01:36:08.000 --> 01:36:15.000]  The actual definition of it, I don't have a black letter definition right here off the top of my head
[01:36:15.000 --> 01:36:22.000]  in regards to simple assault, but the touching part is more of a battery,
[01:36:22.000 --> 01:36:33.000]  but assault is usually apprehension of... it's not necessarily a contact needed for an assault,
[01:36:33.000 --> 01:36:37.000]  not necessarily, because that's the divide between a battery and an assault.
[01:36:37.000 --> 01:36:43.000]  But under Texas, it's like bodily injury, that's what it is, a threat.
[01:36:43.000 --> 01:36:47.000]  Like if I'm going to ball my fist up and I'm going to punch you in the face, right?
[01:36:47.000 --> 01:36:50.000]  But if you see it coming, you flinch your back and then you fall over
[01:36:50.000 --> 01:36:54.000]  and something, I assaulted you even though I didn't personally hit you,
[01:36:54.000 --> 01:36:56.000]  but my actions caused you a bodily harm.
[01:36:56.000 --> 01:37:01.000]  So that's why they usually have the pictures to show that there was actually some bodily harm.
[01:37:01.000 --> 01:37:08.000]  But it has to be an intentional threatened and bodily injury for the most part.
[01:37:08.000 --> 01:37:16.000]  So if I were you, I would go to the Texas Code, it'll give you the definition of simple assault,
[01:37:16.000 --> 01:37:22.000]  and then you should use your words to match the three elements of simple assault.
[01:37:22.000 --> 01:37:23.000]  You see what I'm saying?
[01:37:23.000 --> 01:37:29.000]  So that you can allege in a succinct order to show the DA that all of these things are present
[01:37:29.000 --> 01:37:32.000]  and this is what happens to me.
[01:37:32.000 --> 01:37:39.000]  Simple assault is 2201, Texas Code, Texas Penal Code.
[01:37:39.000 --> 01:37:41.000]  2201.
[01:37:41.000 --> 01:37:48.000]  The reason I know that one is because I'm always quoting 2202B2A.
[01:37:48.000 --> 01:37:52.000]  That one is so much fun.
[01:37:52.000 --> 01:37:56.000]  2202B2A, if a person...
[01:37:56.000 --> 01:37:58.000]  But that has all the elements.
[01:37:58.000 --> 01:37:59.000]  Pardon me?
[01:37:59.000 --> 01:38:00.000]  Sorry.
[01:38:00.000 --> 01:38:09.000]  But he has to make sure that he has all the elements of whatever the actual definition is of the code.
[01:38:09.000 --> 01:38:18.000]  2202B2A says that if a person commits simple assault while displaying a deadly weapon,
[01:38:18.000 --> 01:38:22.000]  that's a second degree felony.
[01:38:22.000 --> 01:38:28.000]  If simple assault is defined by 2201, while displaying a deadly weapon,
[01:38:28.000 --> 01:38:38.000]  that's a second degree felony unless they are a public official acting under the color of an official capacity.
[01:38:38.000 --> 01:38:44.000]  Color meaning pretense, in which case it's a first degree felony.
[01:38:44.000 --> 01:38:48.000]  And I checked Lexis and Westlaw.
[01:38:48.000 --> 01:39:01.000]  2202B2B says that if you commit simple assault against a public official while he's exercising his official capacity
[01:39:01.000 --> 01:39:05.000]  and you're displaying a deadly weapon, that's a first degree felony.
[01:39:05.000 --> 01:39:12.000]  Well, I did a search for 2202B2B and I found thousands of hits.
[01:39:12.000 --> 01:39:18.000]  30,000 hits is where it stopped on both Lexis and Westlaw.
[01:39:18.000 --> 01:39:28.000]  I ran 2202B2A assault by a public official and on both I found zero.
[01:39:28.000 --> 01:39:32.000]  Never has that been used.
[01:39:32.000 --> 01:39:36.000]  Anyway, off topic.
[01:39:36.000 --> 01:39:47.000]  I take it, Ralph, the officer put his hands on you or touched you in the...
[01:39:47.000 --> 01:39:49.000]  How did this occur?
[01:39:49.000 --> 01:39:58.000]  Well, I was arrested for failure to identify.
[01:39:58.000 --> 01:39:59.000]  Okay.
[01:39:59.000 --> 01:40:02.000]  You were arrested for something else?
[01:40:02.000 --> 01:40:03.000]  No.
[01:40:03.000 --> 01:40:08.000]  He said, if you don't tell me who you are, I'm going to arrest you for failure to identify.
[01:40:08.000 --> 01:40:13.000]  And I declined to participate because I thought like he was violating my rights.
[01:40:13.000 --> 01:40:16.000]  And he said, okay.
[01:40:16.000 --> 01:40:22.000]  You are now under arrest for failure to identify and about three seconds later he took the window out of my car.
[01:40:22.000 --> 01:40:26.000]  Have you filed criminal charges against him yet?
[01:40:26.000 --> 01:40:27.000]  No.
[01:40:27.000 --> 01:40:28.000]  That's what I'm working on right now.
[01:40:28.000 --> 01:40:34.000]  The prosecutor said she would take the criminal charges.
[01:40:34.000 --> 01:40:35.000]  Okay.
[01:40:35.000 --> 01:40:39.000]  Assault is probably not the right one.
[01:40:39.000 --> 01:40:48.000]  3903 official oppression is definitely dead on.
[01:40:48.000 --> 01:40:54.000]  Public official acting under the color of his authority exerts or purports to exert an authority he does not expressly have.
[01:40:54.000 --> 01:40:58.000]  And in the process denies his informed free access to rejoin the right.
[01:40:58.000 --> 01:41:01.000]  That's a Class A misdemeanor.
[01:41:01.000 --> 01:41:06.000]  If in the process he caused bodily injury that in the last...
[01:41:06.000 --> 01:41:11.000]  The legislature before last was upgraded to a felony.
[01:41:11.000 --> 01:41:17.000]  So if you weren't injured, then it's a Class A misdemeanor.
[01:41:17.000 --> 01:41:25.000]  Because if you were not under arrest, if he did not have reasonable probable cause of lead, you committed a crime,
[01:41:25.000 --> 01:41:34.000]  and had authority to arrest you and had in fact arrested you, then he had no power to insist that you identify yourself.
[01:41:34.000 --> 01:41:36.000]  All right.
[01:41:36.000 --> 01:41:42.000]  So how does this play out with him and five other officers around my vehicle,
[01:41:42.000 --> 01:41:47.000]  one with a machine gun and the rest wearing pistols on their hips,
[01:41:47.000 --> 01:41:52.000]  how does that play out for them as far as assault and kidnapping?
[01:41:52.000 --> 01:41:53.000]  I would...
[01:41:53.000 --> 01:41:56.000]  You know, I'm a combat veteran.
[01:41:56.000 --> 01:42:00.000]  And I don't know how other people consider those things,
[01:42:00.000 --> 01:42:05.000]  but when I see someone with a pistol on his hip and his hand moves toward that pistol,
[01:42:05.000 --> 01:42:10.000]  for me that is a really, really big deal.
[01:42:10.000 --> 01:42:15.000]  And policemen have gotten to where they're very quick to move their hand toward that pistol.
[01:42:15.000 --> 01:42:19.000]  Well, I've spent some time on the sharp end of those things.
[01:42:19.000 --> 01:42:23.000]  And I can tell you, it is really a big deal.
[01:42:23.000 --> 01:42:27.000]  So when I have policemen that start reaching for their pistols,
[01:42:27.000 --> 01:42:35.000]  I get real excited and I really want to file ugly charges against them to keep them from doing that sort of thing.
[01:42:35.000 --> 01:42:40.000]  Did you have a machine gun pointed at you?
[01:42:40.000 --> 01:42:41.000]  No.
[01:42:41.000 --> 01:42:42.000]  Not that I know of.
[01:42:42.000 --> 01:42:46.000]  I mean, he could have done it like pointing it at the vehicle or the car that I was in.
[01:42:46.000 --> 01:42:56.000]  But whenever I saw him, it was in his arms at what you can only call as ready to point and shoot stands.
[01:42:56.000 --> 01:42:59.000]  You know, they were, you know, they did not like me.
[01:42:59.000 --> 01:43:01.000]  I was being profiled.
[01:43:01.000 --> 01:43:06.000]  And it just got completely out of hand and they didn't know what they were doing.
[01:43:06.000 --> 01:43:09.000]  And I felt like I was defending my right.
[01:43:09.000 --> 01:43:14.000]  So let me tell you what one of the officers wrote in his statement.
[01:43:14.000 --> 01:43:22.000]  He said that I was keeping my hand obviously out where they could be seen.
[01:43:22.000 --> 01:43:26.000]  You ain't kidding, I was, because I know some of these guys are trigger happy.
[01:43:26.000 --> 01:43:29.000]  So my hands were on the steering wheel the whole time.
[01:43:29.000 --> 01:43:30.000]  I was keeping my hands out there.
[01:43:30.000 --> 01:43:31.000]  They were all wearing guns.
[01:43:31.000 --> 01:43:34.000]  So I know they're going to start shooting any minute.
[01:43:34.000 --> 01:43:37.000]  Let me address this on the other side.
[01:43:37.000 --> 01:43:39.000]  I am concerned about this.
[01:43:39.000 --> 01:43:42.000]  And there is something I'd like to address on the other side.
[01:43:42.000 --> 01:43:44.000]  This is Randy Felton with the Radio.
[01:43:44.000 --> 01:43:49.000]  I call it number 512-646-1984.
[01:43:49.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
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[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
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[01:46:22.000 --> 01:46:39.000]  We are back, Randy Kelton, Rule of Law Radio, here with Ms. Sherry and Dr. Ralph in Texas.
[01:46:39.000 --> 01:46:42.000]  We need to get this done.
[01:46:42.000 --> 01:46:44.000]  We spent a lot of time here.
[01:46:44.000 --> 01:46:54.000]  The problem I have is allowing a confrontation with police.
[01:46:54.000 --> 01:47:00.000]  Right or wrong, the police have been trained to be terrified of us.
[01:47:00.000 --> 01:47:05.000]  When I was growing up, that wasn't the case, but they've been trained in this militaristic style,
[01:47:05.000 --> 01:47:15.000]  and they've been trained that if they bark an order and you do not respond to that order immediately, exactly the way they commanded you to,
[01:47:15.000 --> 01:47:20.000]  they're to consider you a threat to their life.
[01:47:20.000 --> 01:47:30.000]  Now, that may not be right, but that's the world we live in right now, and I would suggest that you do not provoke a confrontation on the street.
[01:47:30.000 --> 01:47:36.000]  A policeman stops me, asks to see my ID. I say, am I under arrest? He says, no, you're not.
[01:47:36.000 --> 01:47:44.000]  Then I don't want to give you my ID. He says, if you don't give me your ID, I'll arrest you. Here you go.
[01:47:44.000 --> 01:47:53.000]  Don't give him legal advice. Don't tell him, I got this right, I got that right, you're supposed to do this, you're supposed to do that.
[01:47:53.000 --> 01:48:01.000]  It's such a natural thing to do. Don't do what Eddie Craig says. Shut up.
[01:48:01.000 --> 01:48:07.000]  You got three things you're supposed to do. Shut up, shut up, and keep shutting up.
[01:48:07.000 --> 01:48:16.000]  So give him that you've already objected, you established that you're not doing this voluntarily,
[01:48:16.000 --> 01:48:21.000]  and then go file a complaint against him with the chief of police.
[01:48:21.000 --> 01:48:29.000]  And then when the chief of police don't act on the complaint, take the complaint against the chief of police to a magistrate,
[01:48:29.000 --> 01:48:38.000]  if it's a city, to the municipal court. And when the municipal court refuses to act on it, take it to the mayor.
[01:48:38.000 --> 01:48:46.000]  He forgets he's a magistrate. And when he refuses to act on it, and the way I do this is I file against the policeman,
[01:48:46.000 --> 01:48:53.000]  a complaint against the policeman, and then when they, like I have one with the sheriff now, and the sheriff didn't act on it,
[01:48:53.000 --> 01:49:04.000]  I will go to the grand jury with a criminal complaint against the sheriff for not acting on my complaint against one of his deputies
[01:49:04.000 --> 01:49:14.000]  in accordance with Article 2.13 Code of Criminal Procedure. You escalate this, and none of this is intended to get anybody indicted.
[01:49:14.000 --> 01:49:22.000]  But it's intended to demonstrate to them how politically dangerous the pro se is.
[01:49:22.000 --> 01:49:28.000]  The ordinary citizen can sting you good.
[01:49:28.000 --> 01:49:40.000]  And this particular complaint, this is where I called 911 on the guards at the metal detector in the old courthouse.
[01:49:40.000 --> 01:49:46.000]  And the third time I called 911 on them, they sent somebody out, first guy, and he threatened to arrest me.
[01:49:46.000 --> 01:49:53.000]  First thing out of his mouth was he could arrest me, so I called 911 again. They sent another guy, and he was getting rowdy,
[01:49:53.000 --> 01:50:00.000]  so I called 911 on him, and then they drugged me out of the courthouse and threw me down, smashed my face in concrete.
[01:50:00.000 --> 01:50:04.000]  So I filed complaints with the sheriff over that.
[01:50:04.000 --> 01:50:13.000]  And standard thing, they made up, you know, they started right away figuring out how they could avoid being sued and discredit me,
[01:50:13.000 --> 01:50:16.000]  which I knew exactly what they would do.
[01:50:16.000 --> 01:50:24.000]  But the sheriff, I went and asked to see the sheriff, and they sent two underlings, one guy with two stars and some other guy,
[01:50:24.000 --> 01:50:32.000]  I didn't know who he was, didn't care, gave them a verified criminal complaint that I was going to give to the DA.
[01:50:32.000 --> 01:50:43.000]  Now I'll go and file against the sheriff and accuse the sheriff of shielding from prosecution in violation of 3805 penal code,
[01:50:43.000 --> 01:50:50.000]  and I charge him as respondee at Superior.
[01:50:50.000 --> 01:50:54.000]  They're the public servant, I'm the master.
[01:50:54.000 --> 01:50:59.000]  I went to talk to my servant. He sent these people to speak in his stead.
[01:50:59.000 --> 01:51:05.000]  So I was not speaking to these people. I was speaking to the sheriff.
[01:51:05.000 --> 01:51:07.000]  So when I file, I'll file against the sheriff.
[01:51:07.000 --> 01:51:18.000]  And when the sheriff gets notified that I filed criminal charges against him with the grand jury, he is not going to be a happy camper.
[01:51:18.000 --> 01:51:21.000]  It's all about politics.
[01:51:21.000 --> 01:51:24.000]  Don't want the sheriff indicted.
[01:51:24.000 --> 01:51:32.000]  I want him to have to face the prospect, and then when he gets the hold of these two guys I actually gave those complaints to,
[01:51:32.000 --> 01:51:36.000]  I suspect he'll get some changes made, and this is how we try to do it.
[01:51:36.000 --> 01:51:42.000]  Do not try to make these changes on the street.
[01:51:42.000 --> 01:51:47.000]  I try to be careful, but sometimes things get out of hand anyway.
[01:51:47.000 --> 01:51:57.000]  In this case, the reason I called 911 is because these guys were doing everything they could to escalate, and I'm trying to get them backed off.
[01:51:57.000 --> 01:52:08.000]  So I called 911 to get it recorded, what they were doing on the 911 tapes, and these guys just could not control themselves.
[01:52:08.000 --> 01:52:17.000]  They're training. They're just trained to think that if you don't do exactly what they say, then you're an enemy and we have to protect ourselves against you,
[01:52:17.000 --> 01:52:25.000]  and we can use whatever force we want with absolute impunity.
[01:52:25.000 --> 01:52:34.000]  And in this particular case, I went in the same door a month or two later, put my cell phone down on the belt,
[01:52:34.000 --> 01:52:38.000]  and it has a peculiar clip on the back. It's got a pocket clip.
[01:52:38.000 --> 01:52:42.000]  And the officer asked me, he noticed it, and he said, well, that's unusual.
[01:52:42.000 --> 01:52:47.000]  I showed him that I made it myself, and he said, well, that's interesting.
[01:52:47.000 --> 01:52:55.000]  I said, well, the reason I made it that way is you can stick the phone in your pocket and it holds the camera up above the lip of the pocket.
[01:52:55.000 --> 01:53:03.000]  And he said, have you been videotaping us without our permission? Oh, yeah, I do that all the time.
[01:53:03.000 --> 01:53:11.000]  And that was perfect because when I filed a complaint against them, they're going to make up a story that's different than what actually happened.
[01:53:11.000 --> 01:53:19.000]  Now they think I have a videotape of them. It should make life more interesting for them.
[01:53:19.000 --> 01:53:27.000]  But anyway, Ralph, that was my concern about did, okay, did they pull you, physically pull you out of the car?
[01:53:27.000 --> 01:53:35.000]  No. After they broke the glass, he reached over and unbuckled the seatbelt, which is down low.
[01:53:35.000 --> 01:53:40.000]  It's an old vehicle. It's down low. And I got out on my own.
[01:53:40.000 --> 01:53:48.000]  But I was not about to reach down the side and below me to unbuckle the seatbelt because I would have gotten shot.
[01:53:48.000 --> 01:53:50.000]  Nice move.
[01:53:50.000 --> 01:53:58.000]  Yeah. So I just sat there afloat. And so he reached over and, you know, got the seatbelt undone.
[01:53:58.000 --> 01:54:02.000]  And I stepped out and was immediately handcuffed, immediately taken to jail.
[01:54:02.000 --> 01:54:11.000]  And, you know, the shame is that I'm not supposed to educate the guy on the side of the road, but I warned him.
[01:54:11.000 --> 01:54:16.000]  I told him he doesn't have that right. And he did not listen to me.
[01:54:16.000 --> 01:54:24.000]  The police don't know the law. They don't know even the most elemental parts of the law.
[01:54:24.000 --> 01:54:31.000]  That's just this everyday encounter whenever they stop somebody and ask them for ID. It cannot just be that.
[01:54:31.000 --> 01:54:37.000]  I live on the Central Louisiana border. Louisiana has an identify law.
[01:54:37.000 --> 01:54:42.000]  But the police has to have an articulatable probable cause before you can use it.
[01:54:42.000 --> 01:54:47.000]  I had a sergeant on the Department of Public Safety once.
[01:54:47.000 --> 01:54:52.000]  He came out to answer a complaint I had filed with a captain.
[01:54:52.000 --> 01:54:56.000]  And he asked me if I was a lawyer. And I said, do I have to be a lawyer?
[01:54:56.000 --> 01:55:06.000]  He said, well, since you're not a lawyer, I don't consider my officers sufficiently sophisticated in law
[01:55:06.000 --> 01:55:11.000]  to make it profitable for them to attempt to read the penal code and understand what's in it.
[01:55:11.000 --> 01:55:16.000]  Since you're not a lawyer, I don't consider you sophisticated enough either.
[01:55:16.000 --> 01:55:26.000]  I said, say what? You're telling me your officers are too darn stupid to read the penal code and you think I am too?
[01:55:26.000 --> 01:55:33.000]  And he'd been sent out to answer my complaint. All he knew how to do was play Mr. Macho.
[01:55:33.000 --> 01:55:39.000]  So he said, well, I don't have to sit here and take this. I said, no, that's right.
[01:55:39.000 --> 01:55:42.000]  There's no anchor on your behind. There's the door.
[01:55:42.000 --> 01:55:45.000]  But he didn't leave because he was trying there to handle my complaint.
[01:55:45.000 --> 01:55:50.000]  I wound up calling the director of the Department of Public Safety at the time. It was Colonel Adams.
[01:55:50.000 --> 01:55:57.000]  I get Leo Gossett, number two man. He's real gruff. Hello, man. Can I help you?
[01:55:57.000 --> 01:56:02.000]  I said, Leo Gossett, number two man in the DPS? Yes, may I help you? No, you cannot help me.
[01:56:02.000 --> 01:56:08.000]  You can beat Colonel Adams like I asked for. I don't want to talk to any subordinates.
[01:56:08.000 --> 01:56:12.000]  I could hear him breathing in the phone. He is furious.
[01:56:12.000 --> 01:56:19.000]  He gets me the Colonel and Colonel Adams was a consummate professional.
[01:56:19.000 --> 01:56:26.000]  I get him on the phone and I said, what do you mean I'm too stupid to read the penal code?
[01:56:26.000 --> 01:56:32.000]  Who is this? This is Randall Kelton. And what do you mean having Sergeant Rankin come out
[01:56:32.000 --> 01:56:37.000]  and tell me that your officer is too darn stupid to read the penal code and you think I am too?
[01:56:37.000 --> 01:56:43.000]  It took him 20 minutes to get this story out of me while I'm crawling down his throat.
[01:56:43.000 --> 01:56:50.000]  The point is I'm the citizen. I can do that. You're the citizen. You can do that to the chief,
[01:56:50.000 --> 01:56:58.000]  to the mayor, to everyone involved. But in your case, I suggest you start filing criminal charges
[01:56:58.000 --> 01:57:06.000]  against those officers. Are you in Tarrant County? No, I'm in East Texas.
[01:57:06.000 --> 01:57:13.000]  Okay, then you might want to file your complaints in Tarrant County.
[01:57:13.000 --> 01:57:15.000]  Okay.
[01:57:15.000 --> 01:57:21.000]  I'm working on that. I filed complaints against the Dallas County District Attorney in Tarrant County
[01:57:21.000 --> 01:57:28.000]  and gave the Tarrant County District Attorney the law concerning grand jury venue.
[01:57:28.000 --> 01:57:35.000]  There is none. Grand jury is a state grand jury and there's nothing restricting their venue.
[01:57:35.000 --> 01:57:45.000]  Well, I got a letter back from the foreman of the grand jury saying we examined into the communications
[01:57:45.000 --> 01:57:55.000]  you left with us and we find no Tarrant County crime subject to indictment.
[01:57:55.000 --> 01:58:03.000]  Is that a fact, Jack? So I filed criminal charges against the foreman with the head criminal
[01:58:03.000 --> 01:58:08.000]  district judge who impaneled that grand jury because it's the foreman who told him,
[01:58:08.000 --> 01:58:14.000]  it was this judge who told the foreman to do that. So we'll see how that works out for them.
[01:58:14.000 --> 01:58:19.000]  We may get them to back up and let this happen like it should.
[01:58:19.000 --> 01:58:32.000]  Hang on, Randy Kelton, rule of law radio. I'll call it number 512-646-1984. We'll be right back.
[01:58:32.000 --> 01:58:36.000]  Well, we'll be back.
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