[Music] and welcome to facts or frauds. [Music] >> Good morning, your honor. My Christian name is Jose and my family name is Alzando. I am the ber today and respectfully ask >> Wait, Mr. Alzando. Sh. Wait, Jose Lzando, I show that you have one case pending and that is expired registration. Do you understand that's the charge that that is pending against you? >> Yes, I understand. But respect. Okay, hang on. We got there's sever several steps we need to take over. Were you able to hear my explanation about defendants rights and options that I went over at the start of court? >> Yes. >> Do you have any questions about those rights or options? >> Yes. >> Go ahead. What's your question? >> Okay. Respectfully, I haven't received my documentation that I requested in a timely manner to proceed today. >> No. What is your question? No. No. No. Mr. Alzando. No. What is your question about the rights and options that I went over at the start of court? >> I have no questions regarding that. >> Okay. Then to this charge of expired registration. Actually, I'm going to stop and say you mailed in payment. >> I did. I you mailed in $3 and you have a balance due of $129. So with that payment of $3, we've already entered a plea of no contest for you because Texas law allows that to be entered for you. So we're set here to determine are you able to make the balance of your payment by Monday or do you need some time to pay that out? >> Your honor, respectfully, as a bailor and grtor, I've granted this court equitable title for settlement of any This is a criminal court. Mr. Mr. Alzando, this is not a civil court. >> Those those those >> there are no parties like that in this proceeding. You're a defendant. You're not a grtor. I'm the judge. And so that that does not apply to this court. You may have read that that you can that might be something in a civil court that does not apply here. So my my question to you, sir, is since you've already mailed in payment and indicated a plea of no contest by mailing in a payment under Texas law, can you get the balance paid by Monday or do you need some time to pay that out or do you have a financial situation that you need a financial packet? >> Your honor, for the record, respectfully, I am a Texas common law free man. I do not participate in corporate Ponzi schemes that require me to have >> This is not that, sir. This is not Mr. Alzando. Stop. Mr. is under stop. This is not the time to make a statement. You see, we have like 12 other people who are set here. You're set on a criminal charge. This is not time for you just to go and and make a statement about a a civil matter that that is not set in this court. >> So, are you saying that I don't have civilian due process of law? >> No. But you're not this is not a civil matter. You're raising terms in in regards to this as if this were like a civil lawsuit. This is a criminal charge where you've already >> criminal honor. Yes, it is, sir. This is This is a class C criminal charge in Texas displaying an expired registration. That is a class C criminal charge. And you mailed in partial payment. So, I'm trying to determine, are you able to make the rest of your payment by Monday or do you need some time to pay it out? >> I have the right to equitable title for this settlement or any charges on the doctrine of trust merge. >> This is not a matter. This is not a matter of a title to a vehicle or anything like that. Sir, you seem to be confusing some civil law. >> I have a I have some confusion because on Supreme Court case law Murdock versus Pennsylvania, they clearly state that you don't need registration or insurance for private personal travel and nor and I don't consent to any corporate Ponzi scheme. >> Okay. Well, this is nothing to do with a corporation. This is a a Texas charge and you've indicated a plea of no contest. Are you saying that you're not pleading that that that then why did you $3 grand tour? No. Mr. Mr. Alzando, stop. Mr. Alzando, stop. Mr. Alzando, stop. >> Why did you mail in $3? >> Because as a bailorian grtor, I have granted to this court equitable title for settlement of any >> No, sir. This we do not settle, Mr. Alzando. There's no there's no party in a criminal charge that's called a bor and there's you cannot claim a position that is not one in this court. There's no status of bail. >> No sir, listen. I need you listen to me. I need you to listen to me. There's no there's no status of bortor in this criminal court. You may have read some some cases in regard to some other matter. You are a defendant. No, Mr. Alexander, you need to be quiet. Listen. You're a defendant. You mailed in $3, which is partial payment of a total of 132. All right. Now, by law, when you mail in a payment, a plea of no contest is entered. All right. So, my question to you was, when you mailed in the $3, were you was that your intent to make a partial payment, requesting a payment plan, or were you attempting to post a bond? My intent was I like I said I am the bailor and grantee. I have granted this court equitable title for settlement of any charges under doctrine of trust merge. That's that's my answer to your question. >> Okay. That is not an answer that applies in criminal court. So based upon your payment of $3, uh the court has already entered a plea of no contest and I'm going to order that you get the balance paid. Your honor, respectfully 30 days. >> Okay. Your honor, respectfully, with those documents that you have, I didn't receive any documentation requested in a timely manner to proceed today outlined in my full under chapter 66 of Texas Civil Practice Code. >> Stop. Mr. Alzando, Mr. Alzando, stop. The civil practice code does not apply to this courtroom. This is the criminal. The code of criminal procedure applies to the criminal courtroom. >> So, the civil code does not apply. I still have a civilian due process drawing. >> Well, yeah, >> I have not enter a plea. >> You did by mailing it in. By mailing that in, that's a that's a three that's a entering a plea of no contest. You mailed in a payment of $3, >> your honor. >> You can you can get the balance. >> The reason why I did that as a bailor and grtor, like I stated multiple times, I've granted this court equitable title for settlement. Okay, Mr. Alzando merge. >> Mr. Alzando, were you wanting to plead not guilty and request a trial? >> No. No. Respectfully, your honor. >> Constitutionally, too. I am a For the record, I am a Texas common law free man. I do not participate in any Ponzi schemes that require me to have registration and insurance. I do not consent quasi jurisdiction. Respectfully, your honor, I plea for a civilian due process of law. >> Okay. Okay. Well, you're >> section one, article 10. >> Okay, Mr. Alzando, you're receiving the exact same due process that every other person who's appeared in this court has, and you have mailed in a a payment of $3, and that payment is received as a plea of no contest. >> Who is my accuser, your honor? Respectfully, >> the state of Texas. That citation that you received, that that is the that is the accusation. >> And >> Okay. Well, I would like to go to trial for this. So, you're indicating that you wish to change your plea from no contest to not guilty? >> Yes. >> All right. And you wish to wave your right to jury trial. Do you wish to request a jury trial? >> No. >> So, no jury trial. You wish to wave your right to a jury trial. >> One second, please. >> Never mind. Give me a jury trial, please. >> So, you wish to request a jury trial? >> Yes. >> Okay. And you will be representing yourself or will you be retaining counsel? >> Myself. >> Okay. Do you understand that if you request a jury trial, if you're found guilty, in addition to the regular state court cost, there is an additional jury trial court cost that's assessed if you're convicted, your case is going to be reset for a pre-trial hearing. That is going to be for our May contest docket, which is at 6:00 p.m. on May 7th. Now, you will receive a written pre-trial order. Make sure you read it and follow it. If you wish to have any motions heard, you need to have them filed pursuant to the order. So, they will be heard that night. If you have any requests for jury charges, you need to have those prepared and filed that night. You will have an opportunity to speak with the prosecutor and you will have your hearing on any motions that night. At that time, we will schedule your jury trial for a later date. So, have your calendar ready. Be prepared to know your availability for the next two to three months after the May 7th docket. Watch your email. You'll receive the pre-trial order. You should get it by Monday at the latest. If you haven't received it by then, call my court staff. They will resend it to you. Make sure you send everything in writing in response to that. If you have any requests for discovery, if you have any other motions you want the court to consider, they must be filed pursuant to the to the order. Do you have any questions about that, sir? No, your honor. Thank you so much. >> All right. We'll see you back here May 7th at 6 PM. >> Yes, ma'am. Thank you. >> Um Mr. Alzando, um you have case G4791701. Charges expired registration. you were in court in April, April 1st, I believe it was, and um indicated that you wish to plead not guilty and uh represent yourself, but you were not uh waving a jury trial. So, we set this for pre-trial hearing. Uh court issued a pre-trial order that was sent to both parties. I do not show that either side filed any motions or request for subpoenas or request for jury instruction. U Mr. Bishop, the state did the state file any? >> No, your honor. >> Okay. Mr. Alzando, did you file any? >> Yes, I actually certify mailed it to y'all. I have the receipt right here. >> When was it mailed? >> It said you should have received it on the first of this month. It was It was mailed on 0429 2025. >> We don't have it. >> Well, you should have received it on the first I certify mailed it. >> Do you have Have you Do you have the green copy back? >> I have it right here. >> No, the the sign that that it was delivered. >> I mean, I have a tracking number here, but I haven't tracked it. It just says yall should have received it on the 1st. >> Well, we have not received it. We have not received anything. And everything was supposed to be filed with the court no later than 7 days prior to the pre-trial hearing. So, if you were sending it in on the 29th, uh you were not getting it here within within uh the seven days. What's the tracking number? >> It says it shows delivered on my side, but let me see. Let me pull it up. It's the tracking number is 9589. >> Whoa. Go slowly. Go slowly. I'm going to take this down and we're going to check. 95. What? >> 9589. >> Let me read that back to you. Check and make sure I have this correct. 95 89. >> And then at the end it has a 12. >> 12. Yeah, that was correct, though. >> Is going to go into recess and look up the tracking number. Everyone stay logged in, but we're going to be in recess. All right. Uh, Mr. Alzando, Mr. Bishop. So, Mr. Alzando, my I just had my court staff run that number through USPS tracking and it does not show that it's been delivered. It still shows that it is in transit. Are you saying that you're you are looking at something that says it's delivered? Not something that's estimated. Are you looking at something, sir? You said you said this shows that it was delivered. What were you looking at? >> Was estimate estimated delivery date, but I mean I can look up the tracking number on my side, too. >> Well, no, I have. I mean, you you can look it up, but the court has. So that that the court is taking note that it does not show that it has been delivered. Um and so what what was what motions were you filing or what were you filing? >> I was just trying to post bond, but I mean I'm still going to proceed to declare not guilty regardless if you got >> You don't need to. You said post bond. You don't have to post a bond. What? So was that just a bond you were sending in? >> Yeah. >> Okay. No, you you you you cannot post a bond yourself. Okay. Unless you are you a licensed bondsman? >> Nope. >> Okay. So, you have a promise to appear and that's all you need to need to have at this time. You don't have to post any sort of a bond. So, you So, you weren't filing any motions. You were not filing a motion for discovery or any requested jury instructions or anything like that? I was, >> but I I can't remember what I I filed, but I have the documents somewhere else. I I don't have them on me right now. >> Where would they be? Why Why do you not have them on you? Because if you thought that this is your pre-trial hearing, this is where they were going to be heard. >> Okay. I still wish to proceed not guilty. I don't need them to >> No, sir. Stop. Stop. Stop. Stop. We're not going We're not going through the the plea at this time. I'm trying to confirm. asked you. I I stated that we hadn't received any motions and then you said that you ma you mailed them. We've not received that. Then you said to me it was a bond. So I'm trying to determine you were just trying to file a bond. Is that correct? >> Yeah. >> Okay. You did not have any written you did not have any written motions or requests for anything. Is that correct? >> That's correct. >> Okay. So then since you don't have to post a bond because you have a promise to appear, we can go ahead and set this for jury trial. So jury trials will be during the day. We'll start at 9:00 a.m. Parties are to be here at 8:30. The the venire panel will be here at 9 and uh we'll have the trial. So, the first date that we have is August 28th, which is a Thursday at 9:00 a.m. Right. So, Mr. Alzando, we're going to set this for trial Thursday, August 28th at 9 at You need to be here at 8:30. This will be in person in the courtroom. >> That's right. you if you are planning to call any witnesses, you need to have them here present to be sworn in and able to testify. Understand? >> Got it. >> Okay. Do you have any questions about this? >> No. Well, are you going to send me this information via email? >> We're going to send you a reset notice. Yes. Yes. Make sure that email is correct because today I received the email saying this court hearing was going to be at 6:00 a.m. and it was pres apologize there was a typo. I do know that you also received numerous communications from the court that said 6 p.m. and when I set you for this hearing I told you it was at 6:00 p.m. So you were advised that by the judge and we have we have copies of emails and documents that were sent >> and make sure and make sure >> sir Mr. O, do not speak to the court that way. You may make a request, but do not speak to a judge and tell them to make sure to do something. Do you understand me, sir? >> Yes. >> All right. You are set for a jury trial at on August 28th at 8:30 in the morning. The Venar panel will be here at 9:00. You'll have an opportunity to ask questions of the venire panel. Make your any strikes that you wish to have. We will have the trial on August 28th. Make sure you have any witnesses here. Any any evidence that you're wishing to present, have it here and marked and ready to be admitted. All right. We will send reset notice setting notice to the same email address that we've sent the other notices to. Mr. Mr. Bishop, is there anything that the state needs to put on the record at this time? >> Nothing from the state, your honor. >> Okay, Mr. Alzando, if you don't have any further questions, then you are going to be released. We'll see you back here in person on August 28th at 8:30 a.m. All right, you're released at this time. So, the first case set for motion is Jose Alzando. Mr. Alzando, if you can please unmute and share your video. I'm here. >> Okay. Thank you. So, Mr. Alzando, um you had a pre-trial hearing uh earlier this year in May and then after and at that hearing you had indicated that you had mailed in a motion for a bond and that that was the only motion that you had and we we did not have that here after the the court and we set your case for a jury trial on August 28th. Then after the date of your pre-trial hearing, we received a motion in the mail stating defendants rule 91 motion to dismiss for failure to state a claim upon which relief can be granted. Mr. Bishop, have you received a copy of that motion? >> Your honor, and made a response. >> Thank you. >> I believe I filed two motions. I've got a motion to dismiss and then a motion uh no consent given motion. >> Yes, that's correct. All right. So, Mr. Alzando, if you wish to summarize your argument, you may do so at this time. >> Yeah. I just want to know, do y'all enforce the Texas Transportation Code? >> No, sir. We're we're not answering questions. You need you need to summarize your motion at this time. >> All right. Well, I just want to add to my motion that according to the Texas Transportation Code, Title 1 Section 502.003 clearly states it prohibits political subdivisions from requiring registration and my violation was due to registration. So, that's all I wanted to add and I plead not guilty and for dismissal to >> Mr. Bishop, your response. Yes, I addressed this in my uh response, your honor. Uh the city of Dington Gardens is the political subdivision in the state of Texas and this registration requirement is not a violation of a city ordinance. There is no city ordinance that requires individuals to register their vehicles. That's state law. And so the defendant is incorrect in applying that statute because it's a state law violation, not a city ordinance violation. >> The court has read the defendant's motion to dismiss and I have read the state's response to that and the court is denying the defendant's motion to dismiss. Don't see where you prepared an order for me to sign. Let me let me see. >> I did not prepare one, your honor, but I will be glad to prepare one. >> Okay. If you if you can prepare one, Mr. Bishop, I will I will get that sign. I'm I'm making it writing a notation here. Um motion denied. All [Music] right. [Music] And then we have the second motion. Defendants. No consent given. Um, Mr. Alzando, you may summarize your argument at this time. >> Whatever I submitted is what I what I plead to continue with. >> Mr. Bishop, wish to summarize the state's response. >> Yes. Um, the state's response was is in the state of Texas, driving is a privilege, not a right. And by exercising his privilege to drive on uh a Texas highway or street, he is subject to all rules of the road, statutes, and rules. And so he is not, the state does not need his consent for him to be subjected to jurisdiction when he has violated a uh a state law. He's not being denied his rights. Driving is a privilege and by driving he subjects himself to the uh rules of the road and other state laws regarding driving. >> All right. Uh based upon the the court has reviewed the written motion and response motion by the defense response by the state has considered the arguments made here in court and the the court is denying the defense statement of no consent given to jurisdiction. Okay. So Mr. Mr. Alzando, your case is set for jury trial on Thursday, August 28th at 8:30 in the morning. That is when you need to be here. You have cited in some of your motions, civil rules of procedure. As I have had warned you before, I'm warning you again, the Texas rules of criminal procedure apply in this case. This is a criminal charge and you you need to follow the Texas rules of criminal procedure. You will be expected to follow proper courtroom decorum and as you are representing yourself, you will be held to the same standard as if you were an attorney. You will need to be here at 8:30 in the morning. You will receive information uh regarding the uh venire men, the potential jurors, and uh vory will start at 9:00 a.m. Uh you will be given 15 minutes to ask relevant questions of the venire panel. Um the state will be given 15 minutes to ask questions of the N panel. Each side is given the opportunity to make up to three strikes and then we will proceed to the jury trial that day. Have any witnesses that you wish to call and any evidence that you wish to present here and ready when you get here at 8:30 in the morning? Do you understand, sir? >> Yeah. >> Okay. All right. Mr. Alzando, is there anything else that you wish to put on the record at this time? No, >> Mr. Bishop, anything from the state? >> Nothing further from the state, your honor. >> Okay, Mr. Alexander, you are released at this time. We'll see you here in person at 8:30 in the morning on August 28th. >> Sounds good. >> You are released at this time. >> What kind of pain and embarrassment has this lifestyle caused your mother? >> And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. >> And a huge thank you to all of our Facts or Frauds channel members. [Music] And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. Till next time, I'll see you soon.