Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rhonda Mae Hixon
3 Answers | Asked in Criminal Law for California on
Q: My boyfriend was arrested in California 3 months ago. He currently has a public defender but he hasn’t seen him

We can’t afford bail and his attorney doesn’t answer our calls. I don’t really know what to do . We have never dealt with anything like this before. But we also don’t have money

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 12, 2021

Every Deputy Public Defender has a boss- The Public Defender of the county in which he’s being prosecuted. Your boyfriend is the client however, and the lawyer is not required to talk to family or friends. Your boyfriend should put his requests or complaints in writing to the lawyer and/or his... Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: Can u have a special allegation charge removed from a manslaughter conviction in California?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 12, 2021

If there’s a change in the law on that special allegation or enhancement and it’s retroactive, the conviction can be recalled and re-sentenced. For example AB 1509, which changed the firearm enhancement, effective Jan 2022, is retroactive and significant in reducing the enhancement from 10,20,... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Can you go to the police to report that a crime possibly occurred or do you have to have proof that a crime did occur?

After a social gathering at her house my mom discovered that her wallet from her purse was missing from her bedroom. She called the 16 people who were there and asked them if they had seen anyone go into her bedroom during the party. 3 of the guests told her they had seen a certain person go into... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 10, 2021

Providing 3 witnesses who saw Mr X go into the room and the fact that the wallet is missing is probably enough to report the crime and the suspect. If any cards were taken, or other property there may be more evidence for police to find. You probably have enough to sue in small claims court as well.

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Sheriff's are charging me with drug sales because of wedding cake icing I had in bags in my home what do I do?

My home was raided without a warrant and there were no drugs on the property. I was making wedding cake for a friend and had icing in baggies and now they are charging me with sales of a controlled . What do I do?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 8, 2021

As soon as the drugs are tested your case will be dismissed. Your attorney can have them tested, so you don’t have to wait

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: I had a arrainment today the d.a asked the judge to take my 4th and a stay away order from a business is this legal

I am not guilty and in court when I tell my side they will know but taking my rights away before guilty or not seems wrong

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 13, 2021

While it may seem wrong, the law permits Judges to issue orders (like no contact or stay away orders) and assume guilt for purposes of setting bail, for example, all prior to a trial on the cause. You still have all your Due Process rights: a jury trial, where you can see, hear and cross examine... Read more »

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: Is starting Law School at 50 years old wise in the criminal defense area?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 11, 2021

Sure!! 3 years full time. Take a review course, and study for the LSAT and Bar exam. If you have the passion, energy, and drive to fight for the rights of the accused; a desire to read, research and enforce the Constitution; and can see value in the opportunity to win a deserving client's... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: I'm currently going to court for a criminal case in contra costa County for a burglary, what is Marsy law ?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 9, 2021

Marsy's Law is a victim's Bill of Rights. It amended the California Constitution - Article 1 section 28(b) to give enhanced rights to victims for restitution, notice of court hearings, the right to be heard, access to presentence reports if requested and other considerations set forth... Read more »

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: How do you fill out an asset forfeiture opposing claim form
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 2, 2021

In a Claim Opposing Forfeiture (Judicial Council Form MC-200), the claimed property (if cash) is written as $xx,xxx U.S. Currency. The People are the Plaintiff; You are the Real Party in Interest. Most jurisdictions require a Civil Case Cover Sheet. File the claim in Superior Court within 30 days... Read more »

View More Answers

3 Answers | Asked in Criminal Law for California on
Q: Can I write a letter to judge to ask to dismiss charges as a wittness/victim?

Or atleast explain what led up to the incident. My SO had a 1st time psychotic episode and I’m hurt that he might have to go to prison. He’s also a first time offender.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jul 23, 2021

Contact his defense attorney and give your letter to her or him, or contact a lawyer to advise you. They will know what to do with it. They might advise you of CCP section 1219 and the rights you have NOT to be held in contempt for refusing to testify. They might inform you that if you do not... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Can anyone “I object” at someone’s criminal case hearing for Any reason?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 15, 2021

NO, or risk contempt of court, and/or removal.

View More Answers

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: I was stopped for a infraction concerning riding a bicycle the wrong way on a sidewalk. Subsequently they patted me down

The reason given was because I was in a area know for drug activities and they wanted to make sure they were safe and free from any weapons I may be carrying. I was next to a motel 6 where I had a room at the time.

I am not on probation or parole and I have my 4th amendment rights. I was... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 8, 2021

Without specific, articulable facts that create a reasonable suspicion that you are armed and/or dangerous, it is a violation of your 4th Amendment Right to be free from an unreasonable

search and seizure, to even be subject to a pat-down search. The facts as you present them don't...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I lost custody of my 16-year-old grandson when he was about eight years old. He was adopted by his grandfather's sister

She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 7, 2021

You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal... Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: So If wife is a no show, to court and ignores the subpoena, will they drop the case? Since they don't have a victim.

In Other words what usually happens

when there's no victim? All they have in this case, is text pictures. Same Case Misdemeanor off annoying/threatening phone calls in Rancho Cucamonga?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 4, 2021

If the prosecution doesn't have a victim in court at the time of trial (and no transcript of her testimony at a Preliminary Hearing), they will be unable to proceed, as the Constitutional right to confront and cross examine your accuser would be violated otherwise.

The DA could...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: Can I file a motion to compel agenst.my court appointed attorney to force him to file a certain motion I want filed

None

Rhonda Mae Hixon
Rhonda Mae Hixon answered on May 19, 2021

No. Since lawyers are prohibited by the rules of professional conduct from filing frivolous motions, if they can't see that the law or facts support the motion you're asking to be filed, they won't file it, and can't be compelled to. However, if you think there is a basis, be... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Hypothetically, if I am Lennie from the book Of Mice and Men, could I plead temporary insanity and be found not guilty?

Lennie kills a woman but implies that he didn’t know what he was doing at the time. It says in the book that he saw his dead aunt and that rabbits were talking to him at the time of the crime. What proof would we need to plead insanity?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on May 6, 2021

Yes. 'Lennie' could be considered legally incapable of committing a crime because of mental incapacity if at the time the crime was committed he had a mental disease or defect AND because of that disease or defect was incapable of knowing or understanding that his act was morally or... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Divorce for California on
Q: Hey there! I live in northern California and I was wondering if I could carry or conceal a stinger tactical whip
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 29, 2021

If you had a stinger whip in your vehicle as a car emergency tool (with seat belt cutter and a window breaker) odds are it would not be considered a weapon. If, however, you have it concealed on your person and tell a cop it's for protection- it could result in charges for possession of a... Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?

Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 24, 2021

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... Read more »

View More Answers

2 Answers | Asked in Criminal Law for California on
Q: Convicted felony in 2009 and using a gun at firing range

Father was convicted of a stalking felony in 2009. In 2020, father went on vacation to Utah. He went to a driving range and used a gun from the range (he does not own one) at that location for a period of 20 minutes. Is this a violation of any firearm law? If so, can he be charged for this... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 21, 2021

Yes. The crime is Ex- Felon in Possession of a Firearm , Penal Code section 29800 (a), in California. The crime was committed in Utah, however, so it would be up to the county where the crime was committed to prosecute. The Statute of Limitations, within which a crime can be charged, is 3 years... Read more »

View More Answers

1 Answer | Asked in Criminal Law for California on
Q: “correction officer “ as part of his jury,, by that person being law enforcement and being able to influence the jury

members,, would that be grounds of appeal? As well judge of case was removed do to misconduct

Judge, California Superior Court..

If something could be done ,,would like to speak on representation terms. Thank you for your time ..

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 9, 2021

If the juror lied about , or failed to disclose his correctional officer background in response to direct questioning, there may be grounds for a new trial, which must be pursued immediately (within 20 days of verdict). Discuss this with trial counsel.

If Counsel knew his occupation and...
Read more »

2 Answers | Asked in Criminal Law for California on
Q: I was wondering if somebody was caught in my vehicle and there was a gun in the car how I go about taking charges

And my boyfriend was on parole I sent him to go take my son money and I forgot it was in there but it was mine

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 5, 2021

If he didn't have knowledge that the gun was in the car (because it was hidden, eg. ), you should be able to save him from a criminal conviction (maybe not a parole violation based on access). Talk to his lawyer, and be ready with the facts, about when and where you acquired the gun, and when... Read more »

View More Answers

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.