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Questions Answered by Rhonda Mae Hixon

1 Answer | Asked in Criminal Law for California on

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

Rhonda Mae Hixon answered on Jul 8, 2019

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...
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3 Answers | Asked in Criminal Law for California on

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.

Rhonda Mae Hixon answered on Jul 8, 2019

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!

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2 Answers | Asked in Criminal Law for California on

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!

Rhonda Mae Hixon answered on Jul 1, 2019

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.

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2 Answers | Asked in Criminal Law for California on

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?

Rhonda Mae Hixon answered on Jun 14, 2019

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 »

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1 Answer | Asked in Criminal Law for California on

Q: PC3056 VIOLATION OF PAROLE:FEL PRCS 06/19/2019 1330 Dept: WE NO BAIL What's all this mean?

Rhonda Mae Hixon answered on Jun 11, 2019

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.

2 Answers | Asked in Criminal Law and Juvenile Law for California on

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 »

Rhonda Mae Hixon answered on Jun 5, 2019

If they are minors, it is most likely a referral for informal handling through juvenile probation.

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2 Answers | Asked in Criminal Law for California on

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

Rhonda Mae Hixon answered on May 29, 2019

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,...
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2 Answers | Asked in Criminal Law for California on

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 »

Rhonda Mae Hixon answered on May 29, 2019

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 »

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2 Answers | Asked in Criminal Law for California on

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.

Rhonda Mae Hixon answered on May 23, 2019

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 »

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1 Answer | Asked in Criminal Law and Wrongful Death for California on

Q: why is this case necessary in times likes this

Atkins v. Virginia

Rhonda Mae Hixon answered on May 22, 2019

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 »

2 Answers | Asked in Criminal Law for California on

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?

Rhonda Mae Hixon answered on May 21, 2019

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.

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1 Answer | Asked in Criminal Law for California on

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 »

Rhonda Mae Hixon answered on May 19, 2019

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 »

2 Answers | Asked in Criminal Law for California on

Q: What is the statute of limitations for penal code 4573.6?

Rhonda Mae Hixon answered on May 19, 2019

Three years.

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2 Answers | Asked in Constitutional Law, Criminal Law and Federal Crimes for California on

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 »

Rhonda Mae Hixon answered on May 17, 2019

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 »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Antitrust for California on

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

Rhonda Mae Hixon answered on May 16, 2019

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.

2 Answers | Asked in Criminal Law and Federal Crimes for California on

Q: Can a felony 529 charge be dropped to a misdemeanor?

Rhonda Mae Hixon answered on May 13, 2019

Yes. 529 P.C. is a 'wobbler', punishable as a felony or misdemeanor - so it can be reduced to a misdemeanor.

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2 Answers | Asked in Criminal Law for California on

Q: Can I change my APD if a trail date has been set?

Rhonda Mae Hixon answered on May 13, 2019

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...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California on

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 »

Rhonda Mae Hixon answered on May 12, 2019

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...
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3 Answers | Asked in Small Claims, Criminal Law, Civil Rights and Constitutional Law for California on

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.

Rhonda Mae Hixon answered on May 10, 2019

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.

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2 Answers | Asked in Civil Litigation and Criminal Law for California on

Q: how long the sheriff can hold my phone and computer as "evidences" when they confiscated without a warrant.

Rhonda Mae Hixon answered on May 10, 2019

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...
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