She Threw A Baby Bottle — What The Judge Fleischer Did Next Nobody Expected — Transcript

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1. 0:00Jordan Caldwell
2. 0:02Ms. Caldwell, you were charged with
3. 0:03assault of a family member. You were
4. 0:05facing up to a year in jail and a $4,000
5. 0:08fine.
6. 0:09We were going to do probable cause. You
7. 0:11have the right to remain silent.
8. 0:12Anything you say can and will be used
9. 0:13against you. You have the right to have
10. 0:14an attorney present. If you cannot
11. 0:16afford one, one will be appointed to
12. 0:17you, ma'am.
13. 0:18>> Yes, sir.
14. 0:19The officer was dispatched to a
15. 0:20residence in Harris County, Texas in
16. 0:22response to a family disturbance. The
17. 0:24complainant stated that she got into a
18. 0:25verbal argument with the defendant, her
19. 0:27daughter, because the complainant
20. 0:29believed the defendant was not taking
21. 0:31care of her children. At that point, the
22. 0:33defendant picked up a baby bottle and
23. 0:34threw it at the complainant, hitting her
24. 0:36in the cheek, causing pain. The
25. 0:38defendant admitted to having thrown the
26. 0:40baby bottle.
27. 0:42>> Ma'am, I'm going to find that there's
28. 0:43probable cause to go forward with your
29. 0:45case.
30. 0:49>> [snorts]
31. 0:54>> I don't show up for protective orders
32. 0:55initiated, do I?
33. 0:56No. Okay.
34. 1:03Ms. Caldwell, I'm entering in what's
35. 1:05called a magistrate's order for
36. 1:06emergency protection.
37. 1:10This is a court order that identifies
38. 1:13Candy
39. 1:14Lachey as a protected individual. You
40. 1:17cannot commit family violence or an
41. 1:18assault against this person, commit an
42. 1:20act in furtherance of an offense under
43. 1:22Section 42.072 of the Texas Penal Code,
44. 1:24which is the stalking statute. You
45. 1:27cannot threaten, harass, use another
46. 1:29person to communicate a threat or
47. 1:31harassing behavior. You cannot be in
48. 1:32possession of a weapon or go within 200
49. 1:35ft of where she lives or where she
50. 1:36works.
51. 1:37Do you understand?
52. 1:39Mhm, is not an answer, ma'am.
53. 1:41>> Yes.
54. 1:42>> [snorts]
55. 1:43>> How old are you, ma'am?
56. 1:46Are you here with anyone today?
57. 1:47>> Mhm.
58. 1:50>> Who are you here with today?
59. 1:52>> My mother and father.
60. 1:56>> I'm sending you now for a drug test. I
61. 1:57want to know what if anything is in your
62. 1:58system, man. You're to come right back.
63. 2:01If you fail to take the test, if you
64. 2:02fail to come back, I will issue a
65. 2:04warrant for your arrest. You will not
66. 2:05get any more PR bonds. Do you
67. 2:06understand?
68. 2:08Okay. Can you have her sign the note
69. 2:09before she leaves and then we'll send
70. 2:11her for a test, please?
71. 2:13>> You're done with your gun?
72. 2:14>> For now.
73. 2:15So, just normal [snorts] reset.
74. 2:18Everything is normal.
75. 2:19Nothing special. Just stay out of
76. 2:21trouble.
77. 2:22>> I believe her uh bond conditions uh
78. 2:25require her to not go to uh the
79. 2:29residence at issue.
80. 2:31Her two children, right, are still
81. 2:34there.
82. 2:35And I'm not clear who
83. 2:38>> Who is the complaining witness again?
84. 2:40>> Her mother.
85. 2:42>> Does Do we know if mom wants her back?
86. 2:45>> Let me see if a written statement
87. 2:46>> [clears throat]
88. 2:47>> It has. Let me read this.
89. 2:49>> The reason The only time I say no is
90. 2:52when the complaining witness says no,
91. 2:53because I want to honor their wishes. If
92. 2:55complaining witness is okay with it,
93. 2:57then I am, too.
94. 2:57>> You're right. The complaining is fine
95. 2:59with contact. She just wants no
96. 3:00threatening harassing contact.
97. 3:02>> Okay. That's it.
98. 3:04We'll let you go back to the home, but
99. 3:06you have to understand what is
100. 3:07threatening or harassing. Doesn't matter
101. 3:09what you think.
102. 3:16I'm trying to
103. 3:17>> Finish saying.
104. 3:18>> Okay, I'm listening.
105. 3:21>> It's how she perceives. So, when you
106. 3:24start
107. 3:25>> I'm going to go like this going like
108. 3:26this. Is that threatening harassing? It
109. 3:27is.
110. 3:28>> So, be careful how you act, because we
111. 3:30find that you're threatening or
112. 3:31harassing the complaining witness, I
113. 3:33will revoke the bond and put you in
114. 3:35custody. All I'm asking you to do is be
115. 3:36nice. That's it.
116. 3:39If you constantly bang heads with your
117. 3:40mom, be careful. You know.
118. 3:43>> Not only that, you could also get
119. 3:44charged with with violating bond
120. 3:46conditions, all right?
121. 3:47>> Protective order in your name.
122. 3:48>> Can we make sure the protective order
123. 3:50mirrors the bond conditions.
124. 3:52>> Sure.
125. 3:53>> Okay.
126. 3:54>> Um
127. 3:55called what?
128. 3:56>> Do you mind printing out?
129. 3:58>> Okay, ma'am. We've given you a lawyer.
130. 4:00It's your responsibility to stay in
131. 4:01touch with Corey. He'll tell you when
132. 4:02you have to come back to court. I'm
133. 4:04going to wave your appearance so you
134. 4:05don't have to waste your time coming
135. 4:06here, but just stay in contact with him
136. 4:08and he'll tell you when you have to come
137. 4:09back. Just
138. 4:11be nice.
139. 4:13If mom kicks you out, where are you
140. 4:14going to go?
141. 4:16You got two kids, too, right?
142. 4:18That's what you got to think about when
143. 4:20you're out there. You just getting in a
144. 4:21fight with mom, they kick you out, where
145. 4:22are you going to go? And you got two
146. 4:23kids.
147. 4:25You can stay here with us.
148. 4:26I don't think you're going to like that,
149. 4:27though.
150. 4:29It's not, you know.
151. 4:31>> [snorts]
152. 4:31>> It's not funny.
153. 4:32>> [clears throat]
154. 4:35>> Okay, so I'm going to amend the
155. 4:36conditions and then you guys are good to
156. 4:38go.
157. 4:38>> Okay, thank you, Judge.
158. 4:39>> For sure. Thanks, Corey.
159. 4:46>> You got her right first?
160. 4:47>> Come on.
161. 4:48>> So, what now?
162. 4:48>> to the middle.
163. 4:49>> I have a defendant Solano on today's
164. 4:51docket. It looks like she had missed a
165. 4:53drug test.
166. 4:57For bond We're here for bond violation.
167. 4:59Oh, yes, Judge. She's here.
168. 5:01And um
169. 5:02she said she just She was not aware that
170. 5:04she had the drug test. I don't know if
171. 5:05the manner in which they contacted them.
172. 5:07I thought they maybe call them
173. 5:09for that. But um she was originally
174. 5:11going to do DWIPTI. She now says she
175. 5:13would like to take a time served offer.
176. 5:15Would you allow her to do that today?
177. 5:18>> Why?
178. 5:18>> Why she don't want to do that?
179. 5:20>> She just said she doesn't
180. 5:21>> know what she's going to test positive
181. 5:22for. Is that what it is?
182. 5:23>> No, Judge, but she she just said that
183. 5:25the the expenses of the program and she
184. 5:27has she's working right now and she
185. 5:28doesn't have time for the program.
186. 5:30>> Come up, Ms. Solano.
187. 5:32>> Well, we had already gotten her approved
188. 5:33and we're kind of on our way to I think
189. 5:35we might even have the contract already
190. 5:36even
191. 5:37for DWIPTI.
192. 5:42>> How old are you, ma'am?
193. 5:43>> 25.
194. 5:44>> Okay.
195. 5:47You know, being in court, it's not like
196. 5:51being in Target, Costco,
197. 5:54HEB, where
198. 5:56if you [snorts] don't like something,
199. 5:57you can return it, or you get buyer's
200. 5:59remorse.
201. 6:01When you make decisions in here, they're
202. 6:03lifetime decisions that you have to live
203. 6:06with forever. And, you know,
204. 6:09there are collateral consequences that
205. 6:11may arise, meaning consequences that you
206. 6:13may never see
207. 6:15pop up as a result of decisions that you
208. 6:18make in here. When you plead guilty to
209. 6:20an offense,
210. 6:22that offense goes on your record, and
211. 6:24it's there for the rest of your life.
212. 6:25And when you plead guilty, you can't
213. 6:27take it off. You cannot say, "You know
214. 6:29what? I have a change of heart. I can't
215. 6:31get an apartment. You know what? Let me
216. 6:32go and and try to do something else."
217. 6:35Once you plead,
218. 6:37you're stuck like Chuck for the rest of
219. 6:38your life.
220. 6:39I tell you now, I have,
221. 6:43you know,
222. 6:45every month, people that call me, they
223. 6:47go, "You know, this lawyer pled me to
224. 6:49this case, and I can't get an apartment.
225. 6:52Can you take it off?" I I have
226. 6:55Like, they pled 10 plus years ago.
227. 6:58You know, truck drivers that want to
228. 7:01better their life, but they pled guilty
229. 7:02to a, you know, less than a gram case,
230. 7:04and and it never take it off.
231. 7:08When you plead to a DWI,
232. 7:11not only is it very possible that you
233. 7:13lose jobs with regard to, you know,
234. 7:15making a living with a car, your
235. 7:17insurance is going to go up. Your Your
236. 7:19insurance is going to skyrocket.
237. 7:21Insurance is expensive as it is as it is
238. 7:23now. You pick up a DWI, it's going to be
239. 7:25about four times what it is now. Not to
240. 7:27mention any other consequence that can
241. 7:29arise from a DWI conviction. You have
242. 7:32the opportunity now where if you are
243. 7:35granted entry into this program, if you
244. 7:37complete it successfully, they dismiss
245. 7:40the case. It looks like you've all
246. 7:42already have been granted entry into it.
247. 7:44The problem The only problem I see now
248. 7:46is that you were called upon to take a
249. 7:48drug test
250. 7:49and you failed to go.
251. 7:50I'm going to go send you for a drug test
252. 7:52regardless, right?
253. 7:53>> This is this one.
254. 7:53>> Right? But
255. 7:56when you take a half-ass
256. 7:59approach to something, you get a
257. 8:01half-ass result.
258. 8:03And it's usually not a good idea to do
259. 8:06that with a criminal case, you know?
260. 8:10When you try hard, you get a good
261. 8:12result. You know, James worked hard to
262. 8:14try to get you into this program.
263. 8:16Has she been already admitted into it,
264. 8:18you know?
265. 8:20>> She's not in PTI yet, but she's been
266. 8:22>> Right, right, right. But right, I mean
267. 8:23>> Just your honor, the last update was
268. 8:25that the contract was signed. The NDA
269. 8:27was
270. 8:27>> All you literally need to do are two
271. 8:29things. You pay the DA fee
272. 8:31and you get an interlock. The DA fee, if
273. 8:33you fill out a waiver, they may be able
274. 8:35to waive that $300 fee. As far as the
275. 8:38interlock, I I can't pay for that. I can
276. 8:41only pay for it while you're on bond.
277. 8:42That's something that you'll be required
278. 8:44to pay for, but I'll tell you now, the
279. 8:46$50 to $75 cost you per month now is
280. 8:49nothing compared to what you will end up
281. 8:52paying
282. 8:53with a DWI conviction.
283. 8:55So,
284. 8:57you make the decision on what you want
285. 8:58to do. I am going to send you for a drug
286. 9:00test right now regardless.
287. 9:01>> This is fine.
288. 9:02>> And alcohol test. But
289. 9:05think long and hard before you make this
290. 9:07decision because there's no turning back
291. 9:09from it.
292. 9:10Okay? Okay. Just hang tight for me.
293. 9:13>> Do you want my approach?
294. 9:14>> Sure.
295. 9:15>> Judge, we got Norma Solano's
296. 9:17test results and she came back negative.
297. 9:20Um what I was going to
298. 9:21>> Hold on.
299. 9:22>> Sure, sure, Judge.
300. 9:23>> Who is it?
301. 9:24>> Norma Solano. You said to go get her
302. 9:26tested.
303. 9:27>> That Ms. Solano?
304. 9:27>> Yes, Judge.
305. 9:28She's right over there.
306. 9:30>> Come up, Ms. Solano.
307. 9:32>> As kind of a
308. 9:34alternative as opposed to having her
309. 9:36plead today, maybe we can get time
310. 9:37>> don't I don't want her to.
311. 9:38>> No, I know I know you don't.
312. 9:39>> want to.
313. 9:40>> She She wanted to do time service today,
314. 9:41but I was thinking just instead of that,
315. 9:43because she's already has the contract,
316. 9:46maybe we can give her a couple weeks to
317. 9:47talk to some friends and family and see
318. 9:49if she would rather go
319. 9:50>> What do you want to do?
320. 9:52>> You said you wanted to do the time
321. 9:53service. You think you want to do the
322. 9:54one-year program?
323. 9:55>> Well, I was iffy in the in the
324. 9:57beginning. I just wanted to do the time
325. 9:59serve, and then I talked to my friends
326. 10:00and my family, and they suggested to do
327. 10:02the program.
328. 10:04But
329. 10:05>> And if I got
330. 10:05>> Anytime you can get something dismissed,
331. 10:08no matter how,
332. 10:10that's always the best result, you know?
333. 10:13Really, because like I told you, the
334. 10:15consequences of a DWI conviction,
335. 10:18they're staggering. You never know how
336. 10:21it's going to affect you. It will. It's
337. 10:23going to affect you.
338. 10:25It just you never know how and by how
339. 10:27much. And with a DWI, DWI is big
340. 10:30business. If you plead guilty, from now
341. 10:33on you're looking at a minimum of 30
342. 10:34days in jail. You're also looking at a
343. 10:36mandatory about 6 to 7,000 dollars in
344. 10:39fines and fees just here from court, not
345. 10:43to mention insurance going up, not to
346. 10:44mention all the other stuff in your
347. 10:46life, how it's going to affect you.
348. 10:47Whereas,
349. 10:48if you do this program, you do well,
350. 10:50maybe they'll even boot you out early.
351. 10:52If you do everything speedy, you do it
352. 10:54quick, maybe they'll take you out early,
353. 10:56too.
354. 10:58Just depends on how well you do.
355. 11:00You know, but you have to put effort
356. 11:02into it.
357. 11:03>> Yes.
358. 11:03>> You know, you can I mean, all you do is
359. 11:05>> There's two classes, right?
360. 11:06>> There's a couple classes [clears throat]
361. 11:07and then there's the alcohol monitoring
362. 11:08device.
363. 11:09>> And a lit- is there's two classes, a
364. 11:11little community service, and just stay
365. 11:12clean. That's all you have to do.
366. 11:14>> I I find it really do everything in 6
367. 11:16months.
368. 11:20>> Take your time. I don't want you to rush
369. 11:21into something now. So, we'll set you
370. 11:23off a couple weeks.
371. 11:25You know, in the interim,
372. 11:27do we have the financial affidavit so So
373. 11:30can have her doing it then as well?
374. 11:31>> I
375. 11:32>> send you a copy of the financial
376. 11:33affidavit to waive the $300 fee if you
377. 11:35qualify and but you need a bills and pay
378. 11:37stubs and all that to be attached. I can
379. 11:40send that to your judge.
380. 11:41>> Please. And I think we may even have a
381. 11:43copy here actually for you. So
382. 11:46you know, try to get that $300 fee
383. 11:48waived, you know, and then all you have
384. 11:50to do is pay for the analog and just
385. 11:52stay clean.
386. 11:54What do you think? I mean, we'll give
387. 11:56you time.
388. 11:57I'll give you a couple weeks. If you
389. 11:58still want to do the time serve, that's
390. 12:00on you. If you want to do the program,
391. 12:03great. It's up to you.
392. 12:05>> Um
393. 12:06>> Take your time.
394. 12:08I shake Does that make sense? Talk about
395. 12:09it. Take your time.
396. 12:11>> Thank you, Judge.
397. 12:11>> I'm glad that you're clean and don't
398. 12:13miss again.
399. 12:14Okay? All right. Good luck, Ms. Lana.
400. 12:16>> Thank you, Judge.
401. 12:17>> For sure.
402. 12:33>> Ricardo.
403. 12:44>> Honey?
404. 12:44>> Um
405. 12:45>> Antonio.
406. 12:46>> What's his name?
407. 12:47>> His name is Cesar Albarico Albarico.
408. 12:51>> Good morning.
409. 12:52>> Good morning.
410. 12:53>> You know,
411. 12:54your lawyer
412. 12:56has tried to work out an agreement with
413. 12:58you.
414. 13:00The problem is is that it's
415. 13:01[clears throat] going to take a while.
416. 13:04Um
417. 13:05and sometimes for a good result, it may
418. 13:07take a while for that to happen.
419. 13:10Here,
420. 13:11his advice was for you to set it for
421. 13:13trial,
422. 13:15but unfortunately, because of the
423. 13:16holidays coming up,
424. 13:18normally we do a 30-day trial setting,
425. 13:21but 30 days from today runs into the
426. 13:23Christmas time and we don't have any
427. 13:25juries here.
428. 13:26So the first jury trial setting that we
429. 13:28have is for January 7th
430. 13:31and he wanted to set your case for jury
431. 13:33trial on that day
432. 13:35to see whether they can make the case or
433. 13:37not.
434. 13:39Mhm.
435. 13:40I know that you're itching to get out,
436. 13:43but you got to understand that if you
437. 13:45plead
438. 13:46today
439. 13:48there are very serious consequences.
440. 13:50You're charged with assault of a family
441. 13:52member.
442. 13:53This carries an affirmative finding of
443. 13:55family violence.
444. 13:57What that means is that if you ever pick
445. 13:58up another one of these cases again
446. 14:01you will be charged with a third-degree
447. 14:02felony and you will be looking at a
448. 14:04minimum of 2 years in prison, a maximum
449. 14:06of 10 years in prison.
450. 14:08And when I mean an assault, it doesn't
451. 14:10have to be a
452. 14:12beat down with blood everywhere. Simple
453. 14:14fact is you grab someone's arm and
454. 14:16squeeze it to where it hurts.
455. 14:18That's enough
456. 14:20for them to charge you with a serious
457. 14:22felony where you're looking at 10 years
458. 14:24in prison.
459. 14:27If you do this, you can never own a gun
460. 14:29or ammunition
461. 14:30as well.
462. 14:33So, the advice by your lawyer is for you
463. 14:34to wait a bit and set up a trial January
464. 14:377th.
465. 14:39What would you like to do?
466. 14:44>> I'd rather wait for the January 7th.
467. 14:47>> Okay.
468. 14:48Um Antonio?
469. 14:49>> Yes, sir.
470. 14:51>> There you go.
471. 14:52>> Yes, sir.
472. 14:52>> Yeah, and we'll set up a trial for
473. 14:55January 7th and we'll see what happens.
474. 14:57You know, I that's the advice of your
475. 14:59lawyer. I would, you know,
476. 15:02>> Okay.
477. 15:04>> Yeah.
478. 15:05Okay.
479. 15:06Here you go.
480. 15:06>> Yes, sir.
481. 15:07>> Here you go.
482. 15:08>> Thank you, Aaron.
483. 15:08>> All right. Absolutely. [snorts]
484. 15:13>> [clears throat]
485. 15:23>> Okay.
486. 15:24Okay.
487. 15:31Okay.
488. 15:32>> Good morning.
489. 15:33>> Morning.
490. 15:36>> So,
491. 15:37Mr. Hercules,
492. 15:38you were charged with reckless driving.
493. 15:40You're facing up to 30 days in jail and
494. 15:43or a $500 fine.
495. 15:45You guys have worked out agreement where
496. 15:47they're offering you
497. 15:493 days in jail, credit for the 18 days
498. 15:52that you've done.
499. 15:53>> Eight.
500. 15:55It's eight.
501. 15:57It's eight.
502. 15:58>> You sure?
503. 15:58>> Yes.
504. 15:59>> [clears throat]
505. 16:00>> 3 days in jail, credit for the 18. You
506. 16:02know,
507. 16:03the way that you were driving in that
508. 16:05parking lot, God forbid that you hit
509. 16:07someone, kill them,
510. 16:10run someone else over,
511. 16:12driving out like that and then bolting
512. 16:15out at 90 miles an hour in a parking
513. 16:17lot,
514. 16:18you're begging for trouble, man. Can you
515. 16:20imagine if you hit and kill someone? Who
516. 16:22gets charged with murder?
517. 16:25Mr. Hercules,
518. 16:27>> All right.
519. 16:28>> so,
520. 16:29you know, in a parking lot, that's not
521. 16:31the right place to do it. If you want to
522. 16:32do it, there are places in Houston, but
523. 16:34not in a parking lot, man. There
524. 16:37How many racing facilities are there in
525. 16:39this in this town? I mean, a lot.
526. 16:43Don't do it again. I'm going to tell you
527. 16:44one more thing that the legislature has
528. 16:47made it really easy for DAs across Texas
529. 16:51to seize and take cars away from
530. 16:54individuals who do this. You are now
531. 16:56going to end up with the conviction for
532. 16:58this on your record. You pick on up You
533. 17:01pick up another one of these cases, it's
534. 17:02very possible that they seize and take
535. 17:05that car forever
536. 17:07and you don't get it back.
537. 17:09Do you understand?
538. 17:10>> Yes, sir.
539. 17:12>> You have the [snorts] right to a trial,
540. 17:13right to compel witnesses to testify on
541. 17:15your behalf, confront and cross-examine
542. 17:17your accusers. If you're not a citizen,
543. 17:19there are possible immigration
544. 17:20consequences. You can be deported,
545. 17:22excluded from the country, denied
546. 17:23naturalization. You give up the right to
547. 17:25appeal. Once you plead guilty, it will
548. 17:26go on your record. You can never change
549. 17:28this.
550. 17:29Is this what you want to do?
551. 17:32How do you plead to the offense, guilty
552. 17:33or not guilty?
553. 17:45>> Give me the time to
554. 17:46>> Yeah, you should have done that earlier.
555. 17:48Do you plead guilty of this offense?
556. 17:49>> Yes, sir.
557. 17:50>> Okay. All right. I'll find you guilty.
558. 17:52I'll send you the agreement. Now,
559. 17:54you're not We're not going to release
560. 17:56you today because Louisiana wants you.
561. 17:58So, you'll probably Monday or Tuesday be
562. 18:00out of here and then on your way to
563. 18:02Louisiana. Okay?
564. 18:04Good luck over there.
565. 18:05>> Thank you, sir.
566. 18:05>> All right. Take care.
567. 18:06>> Yeah, I like your sport jacket. It looks
568. 18:08nice.
569. 18:08>> Thank you, sir. Take care.
570. 18:10>> All right, Mr. Have a good one.
571. 18:11>> [clears throat]
572. 18:12>> Yeah, may I be excused?
573. 18:14Thank you, sir.
574. 18:14>> And with that,
575. 18:18that's it.
576. 18:21You done?
577. 18:23>> [snorts and clears throat]
578. 18:27>> Oh, okay.
579. 18:30>> And your honor, briefly on Williams,
580. 18:32were those state conditions or pre-trial
581. 18:34for the marijuana?
582. 18:36Was that a state condition for bond or
583. 18:38pre-trial?
584. 18:39>> Pre-trial.
585. 18:39>> Okay.
586. 18:48>> Do you know why you're here?
587. 18:49>> Yes, sir.
588. 18:50>> Why are you here?
589. 18:51>> Because of
590. 18:52I didn't uh finish my uh
591. 18:54my community service.
592. 18:56>> [clears throat]
593. 18:56>> And uh
594. 18:57my class I did finish, your honor, but I
595. 18:59got into a a tight budget.
596. 19:02Very, very bad.
597. 19:03>> One of the only other things we asked to
598. 19:06do,
599. 19:08don't use drugs or alcohol.
600. 19:10>> Yes, sir.
601. 19:11>> And now, you're testing positive for
602. 19:13cocaine.
603. 19:14You tested positive for cocaine in
604. 19:16February,
605. 19:17and you have just now tested positive
606. 19:19for cocaine again.
607. 19:22Take a seat for me in the jury box, sir.
608. 19:26>> Good morning, Your Honor.
609. 19:27>> Good afternoon, Your Honor.
610. 19:29>> Yeah.
611. 19:29>> Judge, I'm here on Mr. Alejandro
612. 19:33Guardado.
613. 19:34Uh it looks like this is an MRP, Judge.
614. 19:38I've been in here
615. 19:39>> Come up, Mr. Guardado.
616. 19:40>> My client had tested positive for uh
617. 19:42cocaine, I believe.
618. 19:45And I think this is his second or third
619. 19:47time uh testing positive.
620. 19:49Uh we want to know what direction are
621. 19:51you
622. 19:52>> Hey.
623. 19:53This isn't the club, man.
624. 19:55You.
625. 19:56Stop trying to talk to her.
626. 20:00This isn't the club, man.
627. 20:14Hit your brother.
628. 20:16>> [clears throat]
629. 20:16>> Um
630. 20:18Mr. Guardado, you were placed on
631. 20:19probation for a very serious case, and
632. 20:22you've had had issue after issue. The
633. 20:25reason I brought you here was try to to
634. 20:28ensure
635. 20:29that we could get you on the right path,
636. 20:33but you're continuing to use, and you
637. 20:34just today tested positive for
638. 20:38cocaine
639. 20:39again.
640. 20:40And I'm at a remiss
641. 20:44that they didn't even inform us in
642. 20:46February when the first time you tested
643. 20:48positive for cocaine. So, now
644. 20:50>> Another failed drug test turns probation
645. 20:54into a path back to jail.
646. 20:56>> Get your lawyer so we can
647. 20:58figure something out, but you can't
648. 21:00continue to use cocaine while you're on
649. 21:02probation and expect good things. Do you
650. 21:05understand?
651. 21:06>> Yes, sir.
652. 21:06>> Okay.
653. 21:07So, what I would suggest at this time is
654. 21:09we probably get a T res to see how we go
655. 21:11forward because I just don't know.
656. 21:12You're using and that's not something
657. 21:14you're supposed to be using, you know?
658. 21:16It goes with you.
659. 21:23What's it at now?
660. 21:265,000 more.
661. 21:28>> Does that have Evan Nelson
662. 21:30and we're approaching because of the age
663. 21:32of the case
664. 21:34wanted to also just update you as to
665. 21:36what's going on with it.
666. 21:37>> Okay.
667. 21:39>> We have talked my client and I and
668. 21:42we have asked the state to evaluate this
669. 21:43one for trial. They did make a three-day
670. 21:45time served offer
671. 21:47which I presented to my client
672. 21:50and he is not amenable to accepting
673. 21:52that
674. 21:55based on the elements of the of the
675. 21:57offense and we talked through those.
676. 21:59>> [snorts]
677. 22:01>> You know Mr. Nelson,
678. 22:02the only problem I have is that you
679. 22:05don't show up. We've already had you've
680. 22:07been given one JOB,
681. 22:09you've been given one PR bond and now
682. 22:11you've made a surety bond.
683. 22:14You miss again, I'm going to make your
684. 22:15bond so high your hair is going to look
685. 22:16like mine. You know what I mean? You're
686. 22:18going to be losing it because you're
687. 22:19going to be so upset. So don't miss
688. 22:21again.
689. 22:22Really.
690. 22:22Giving you a great lawyer, all you got
691. 22:24to do is stay in contact.
692. 22:26What
693. 22:29offer have you made on Mr. Nelson's
694. 22:30case?
695. 22:31>> It looks like the bell has put in a time
696. 22:33served offer when he was
697. 22:35>> Is that it?
698. 22:36>> I'm I'm welcome I mean I'm happy to talk
699. 22:38to counsel you know about another
700. 22:41This is just an old offer put in by the
701. 22:42bell.
702. 22:44>> Okay, oh yes a prior assault that
703. 22:46dismissed. Okay.
704. 22:48We'll give you guys some time. It's not
705. 22:49going to be too much time because your
706. 22:51case is already 190 days old so it's
707. 22:53time to figure out what we're going to
708. 22:54do. We'll give you you know three weeks
709. 22:56but at that time you got to come back
710. 22:57and we got to figure out what we're
711. 22:58going to do.
712. 22:59At that time in three weeks if you don't
713. 23:01accept anything, I'm going to set your
714. 23:02case for trial.
715. 23:04Okay?
716. 23:04>> All right, guys.
717. 23:05>> All right, Josh. Good luck.
718. 23:06>> You too, have a good weekend.
719. 23:12>> Um
720. 23:15Just no weapons, I guess. That's it.
721. 23:16It's a priority offense, so yeah. Okay.
722. 23:19So, Morgan, do you mind following? Just
723. 23:21no weapons. If it's not already there, I
724. 23:23don't know.