[Music] Joe Hernandez yes all right judge he's on his way up um for your edification this was a plea that we entered in front of Judge Angelini for 10 defer oh no I remember okay well I'm just going to fill you in on what's going on there today all right what's happening today so I asked um the da if he would be willing to consider the Tinder fer he said let me think about it we did enter The Plea um fully and officially on the for silent um Mr uh Hernandez then tells me he wants me to put in a motion to dismiss for prejudice and I told him there is no subst thing because you know judges bu fle Bargains all the time that doesn't give you a right to dismiss and so then he says well he wants a jury trial and I said well we evented The Plea on the for silence so the judge may or may not allow you to withdraw your plea and then that's what he wants to speak to you about all right all right we can go on the record yes ma'am I just didn't understand what I was signing and excuse me has start sorry sorry all right and let me stop you right there all this thing where people say they don't understand what they were signing based upon what is the the information that I've receed that first it was 10 years deferred and the judge denied it and then it came back to a solent offer yeah everybody understood court is calling uh 2023 cr122 2 1 state of Texas versus Joe Hernandez can I have parties announced for the record for the state Daniel state of Texas for the defense Shan CR all right and are you Mr Hernandez yes ma'am all right a plea was entered in this case on let me see what date is stamped on here on April 22nd 2024 according to the plea bargain agreement punishments to be assessed at four years in the prison there's a $1,500 fine and the state is silent on the defendant's application all right with regards to uh the plea bargain agreement uh the court of course does not have the PSI because we're coming back uh can someone tell me what his peral history is Judge I don't have a file on um basically I could be off on this but my memory is some minor misdemeanors and no felony convictions so Council uh do you wish to have a PSI done or do you wish the court to make its ruling honestly judge based on his criminal history and of course you don't have the benefit of the interview with him but Mr Delgado and I mean Escobar and I can fill you in on part of the uh I think it was part of this plea bargain too is evaluation for Mick there are definitely some mental health issues going on you can tell by reading the report but you do not have the benefit of having that in front of you but I do feel confident of course it's up to him um to go forward today all right so I am reading the police report and based upon the police report uh that I've read that are in the stipulation there is a documentation of bizarre behavior and I don't know based upon the police reported that bizarre Behavior was drug induced or if there's some sort of mental health issues which is why I think we had duel right with Mick or was it just m i mean based on my um time and certainly I'm not an expert in any way but I would uh tend to think it might have been both but definitely some mental health issues all right Mr Hernandez you want to raise your right hand for me please do you solemnly swear and affirm the testimony would be the truth and nothing but the truth so help you God yes ma'am all right you can lower your hands state your name for the record Joe hernandz all right so Mr Mand uh Hernandez have you ever been diagnosed with any type of mental health issues no ma'am all right not even in your childhood no ma'am uh drug use no ma'am you're telling me you never used any drugs no I'm an alcoholic yes I agree but that's it all right so in the stipulation they're saying that you were exhibiting bizarre Behavior somebody was trying to take my life that night and I was just trying to save my life she has the phone record that I called the cops ask me for help I ended up at the hotel I did everything wrong yes but I was just trying to save my life that night I didn't want to die that night I I was just I didn't want somebody to take my life for no reason that's that's the God's honest truth and I'm here fighting this I don't have mental issues oh I mean if you want a jury trial we'll give you a jury trial I'm 34 years old no if you want a jury trial you can have a jury trial that's your question or you can request the judge to give you deferred and then that way you know that you know what the end result is going to be I have a right to face my Cho or your owner no here's the thing and this is what I don't think people understand we can go out the record every body thinks that they can be an attorney without a license they want to throw around magic words like Jack and the beant stock oh let me throw right to accuser right to confront let me throw I want a dismissal if you the question is do you want a jury trial yes or no and and let me explain something to you if you say you want a jury trial this train is going to a jury trial this train is not at the last minute oh I see Witnesses walking in the door so therefore I'm deciding to enter plea bargain agreement if you want a jury trial court will give you a jury trial you will get a quick fast jury trial so you want to discuss that with your attorney you can you want to you all want to discuss that I'm good with the jury trial do you want to discuss that with your client I I think based on my conversation with him earlier this morning that that he is um because of what happened the other day it just took him off of pleading and he wants his jury TR all right we're coming back on June 3 thank you judge and you will have your jury trial and your plea deadline date has expired and welcome to facts or frauds what you are witnessing is real the participants are not actors Raphael Garcia yes okay you flunked your drug test you got marijuana in your system what is his bond your bond is revoked warrant is issued for arrest your bond is doubled to $144,000 plus you must have a drug patch um I'm going you're going to jail shame on you sir yes sir sir you're going to jail for having marijuana in your system sir fill out an indigent person please no you have yeah you're not supposed to use drugs while on bond shame on you are you an American citizen yes when were you an American citizen I was born Ino you were born here [Music] okay uh Langston Adams is his attorney right oh okay yeah we'll call Langston and tell him you have been arrested you need to follow the rules um I can be a good person you need to be a good and quit committing crimes yeah you've tested positive for marijuana that is illegal that's why you're going in there we will tell you we will alert your lawyer sir you have your you had your chance while on bond that is all you can't fix stupid and thanks for hanging out with unfactor frauds make sure you hit that thumbs up button you're subscribed and ring that Bell for notifications so the next time Premier a video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to all of our fax or frauds channel members if you'd like to become a member click join right next to subscribe or the link in the [Music] description now if you're still hanging around thank you why not hit that Thumbs Up Button subscribe if you're not already 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