Questions Answered by Rhonda Mae Hixon
Q: If found guilty of a PC 245(b) & PC12022.5(A) can you legally receive time for both, when 245(b) is clearly a element
In a 245(b) Should I be exempt from the penalty of the PC 12022.5(a) considering the gun in the 245(b) is a the element of the crime?
Wouldn't it be basically be viewed as the same charge of crime considering you cant do one without the other
Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).
There is an exception, in subsection (d) If the firearm is used to shoot from a... Read more »
Q: My husband is a convicted felon, convicted of fraud. Am I able to own a firearm?
My husband has never been convicted of violence or weapons. I live in Contra costa county, California.
Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!
Q: Can the court order me to see a shrink without providing me the reason why?
It has nothing to do with what I have been going to court for the past year, I said I am not guilty let’s take it to a jury.
They don’t want to because the police are guilty of taking me to jail unlawfully, I called them for assistance!
If the court, or your attorney has a doubt as to your ability to understand the nature of the proceedings or to assist in your own defense they may refer you for an evaluation to a 'shrink' under
section 1368 of the Penal Code.
Q: Re: SB 1437 - how do I get representation for son that petitioned for re-sentencing? In LA County; awaiting court?
New law allows convicted to petition courts for resentence; his petition was accepted; and a court date has been set. How do I get him representation; for his benefit; rather than a Public Defender assigned?
You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in... Read more »
Q: PC3056 VIOLATION OF PAROLE:FEL PRCS 06/19/2019 1330 Dept: WE NO BAIL What's all this mean?
A Violation of Post Release Community Supervision (AB 109 Parole), has been filed and set for June 19, 2019 at 1:30 p.m.
If a violation is ultimately found to exist , the maximum punishment is 180 days.
Q: DA offices said No charges will be filed against my sons. But the detective says it's being referred to probation. Why
My son was cited intent to sell 3 thc cartridges. DA office rejected the case. I contacted the detective to get my sons phone back, and he informed me that my sons case is being referred to probation and he isn't able to give me back the phone. The only paperwork I received was from the DA office... Read more »
If they are minors, it is most likely a referral for informal handling through juvenile probation.
Q: I was released on a Cruz waver. What if I cant make it to my turn in court date . Can I jux turn myself in at jail?
How can I let my public defender know I cant make it
In a Cruz waiver, if you don't make it to court, and the failure to appear is willful, the plea stands but the deal or negotiated disposition does not;
Meaning you could be sentenced up to the maximum for the charge as if you had no deal.
Your lawyer could have a warrant held,... Read more »
Q: Regretfully a friend is in trouble and I am helping him for petty theft.
Regretfully a friend is in trouble and I am helping him due to his language barrier.
This past Sunday, a friend of my nephew got himself in trouble and received Petty theft charges against him.
He shoplifted $50 or less over the counter medication at Costco .
Please note:... Read more »
A lawyer can appear for a defendant charged with a misdemeanor, and he never needs to go to court. Such an insignificant charge as this is frequently handled through a diversion type program, such as Western Corrections, where written course materials are completed to the DA's satisfaction and... Read more »
Q: I got arrested for importing between 2 and 3 pounds back into Oregon. Is it a felony?
I took it home to trim. I live right by Oregon. I get paid to trim it.
You don't say who arrested you but under federal law, cannabis is still entirely illegal (apart from hemp). Under California cannabis law - MAUCRSA (Marijuana and Adult Use Cannabis Regulation and Safety Act) people can only work in the business under the state's licensing scheme, as an... Read more »
Q: why is this case necessary in times likes this
Atkins v. Virginia
Atkins v Virginia, decided in 2002, held that it is a violation of the 8th Amendment prohibition against cruel and unusual punishment to execute a "mentally retarded" defendant, finding that " the large number of States prohibiting the execution of mentally retarded persons provides powerful... Read more »
Q: ln California, does statute of limitations toll for a person who was living outside the US before, during and after
I had a business in California, one of the partners took money from a vender. I was living outside the US 3 years before the crime and never moved back to the US. 6 years has gone by. Does statute of limitations toll for defendants always living out of the US?
The Statute of Limitations regarding a crime refers to the time limit on the State to file a complaint after commission of an offense, and is not tolled or affected by the defendant's absence from the state, or country.
Q: What would be a reason to have charges dropped of warrant has wrong information
I was arrested for possession of a stolen vehicle this vehicle was mine pink ok no hand guy had bill of sale watch some other guy's name on it. In the warrant to arrest me they put my wife's car plate. Not my truck, and if they did a vin check on both vehicles they would come back owed by me and my... Read more »
Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within... Read more »
Q: What is the statute of limitations for penal code 4573.6?
Three years.
Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.
She does not think they will mind if she enters their residence to borrow their lawnmower. She enters their property using the duplicate key while they are on vacation in order to borrow their lawnmower. She enters their home, removes the lawnmower, loads it into her truck, goes back into their... Read more »
A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to... Read more »
Q: Is a clone a human and would homicide be illegal
What if I could prove there were clones surrounding me 200,000 through a diabetes test
A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.
Q: Can a felony 529 charge be dropped to a misdemeanor?
Yes. 529 P.C. is a 'wobbler', punishable as a felony or misdemeanor - so it can be reduced to a misdemeanor.
Q: Can I change my APD if a trail date has been set?
Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time.
The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial... Read more »
Q: If someone commits perjury in court in a signed pleading.Does the SOL start running from when they signed or when filed
That is, does the crime become a crime when they filed the pleading or on the date of the signature in the pleading. Who prosecutes these crimes the city attorney, the district's attorney or the attorney general of the State? I know they seldom do it but if a person would like to pursue it who... Read more »
Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).
That's why lawyers will frequently declare something to be true based on "information and belief".
The prosecution of crimes begins with the... Read more »
Q: under duress, I was forced to hand over my vape pen to officer Hern. I was the passenger of my fiancé’s vehicle.
Went to IA twice. This officer has done numerous things to numerous people. I have never been pulled over or had negative encounters with others in this county. Just him. He’s harassed my fiancé & myself since I flipped him off the day of the valley fire.
Get a camera that records inside and outside the vehicle and get documentation of the harassment. If you wanted to sue for a violation of your civil rights, you must make a claim within 180 days, so take your evidence to a lawyer well before the time runs out.
Q: how long the sheriff can hold my phone and computer as "evidences" when they confiscated without a warrant.
If the seizure was for investigation of a criminal offense, they could conceivably keep the property for the length of time equal to the statute of limitations for the filing of charges on the crime, for example 1 year on a misdemeanor, 3 years on a basic felony.
There is a Motion for... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
