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Questions Answered by Rhonda Mae Hixon
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

Name of judge ,,Valeriano Saucedo

Judge, California Superior Court..

If something could be done ,,would like to speak on representation terms. Thank you for your time ..Covajuan55@gmail.com is my email

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...
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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 »

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2 Answers | Asked in Criminal Law for California on
Q: My husband is currently incarcerated and wants to fire his lawyer but it’s about to start trial what is the legal proces

I meant so he doesn’t have to go pro per I need to find another pro bono lawyer as well

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

He can request a Marsden Hearing where the judge will talk to him and find out if there has been a breakdown in the attorney- client relationship such that he no longer has trust in the lawyer's abilities to defend him. If the court agrees, new counsel would be appointed. He needs to be... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: What are the options to avoid prison time for multiple felony probation violations during a psychotic episode in CA?

I am writing this on behalf of my partner who is currently on a 5150 hold. A couple nights ago he had a psychotic breakdown and crashed his car and broke into a church. He had been drinking at the time. I most of the ordeal filmed and he is clearly having a schizophrenic episode. Talking to... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Mar 18, 2021

If he was my client I would advise him to get into treatment with a mental health professional as soon as possible. And get a good lawyer, who knows how to explain the difference between illness and criminal conduct.

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3 Answers | Asked in Criminal Law for California on
Q: What if the drugs were found in a common area with 2 people in a cell?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Mar 17, 2021

I think the DA might have a problem proving who possessed it, which is defined as having access AND a right to control. Does either person have a prior conviction or history involving that drug? Would a review of recorded phone calls, into and out of the facility shed any light?

If the...
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2 Answers | Asked in Criminal Law for California on
Q: My boyfriend incarcerated for PC 212.5, in 2017 he was sentenced to 9 years, gang enhancements added to the sentencing

My boyfriend is incarcerated for PC 212.5, in 2017 he was sentenced to 9 years, 667a enhancements added to the sentencing. He has a parole release date in 2023, now after taking many classes and being in fire camp. Is there anyway to reduce more time after new laws passed regarding extra time for... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Mar 15, 2021

Prison prior- 667.5(b) enhancements are now gone- but not 667a enhancements. If he successfully participated as a hand crew member at fire camp, once he's been released from custody, he can apply for relief from the convictions that sent him there, and parole, under the new 1203.4b P.C.

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: Will I go to jail for having a loaded magazine in my carry on bag? Fined? Will anything go on my record? Im scared
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Mar 8, 2021

If you are not a felon, or otherwise prohibited person, and the magazine is not 'extended' to carry more than 10 rounds, you should be fine. Definitely have an attorney present before any questioning with law enforcement. That is your constitutional right under the 5th and 6th Amendments... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Can 12022.53c a (20 year enhancement) be a legal sentence without being convicted of 186.22?

the only penal codes on my abstract of judgement are PC667.5(b) [02] Pc12022.53 (c) [01] PC 187 2nd (664) [02]

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Feb 25, 2021

12022.53 P.C. subdivision (a)(18) includes the attempted crimes in the list of offenses to which a 20 year enhancement applies if you personally discharged a firearm. Attempted murder (187/664) is on the list, without any gang involvement.

3 Answers | Asked in Consumer Law and Criminal Law for California on
Q: Is it legal to spoof a phone number?

a debt collector trying to contact you about an alleged debt or some random business calling you to try and get business from you by spoofing a phone number

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

Probably not. The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts.

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3 Answers | Asked in Criminal Law for California on
Q: A cousin was arrested crossing to Mexico in posesion of 1090 pills of M-30 is there any way to know the aprox sentence?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Feb 15, 2021

M-30 are synthetic oxycodone, illegally made and frequently containing fentanyl. Conspiracy to distribute fentanyl can get you 20 years max in a federal prison, not-to-mention forfeiture of money and property.

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Q: Legality of filming illegal activities as a reporter?

Hi my girlfriend and I plan on starting an investigative journalism based YouTube account. We want to shoot a video called, “A look into the black market cannabis scene.” For this video we plan to interview black market cannabis dealers who work with cartels along with filming their operation.... Read more »

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

As long as you don't aid, abet, facilitate, or encourage criminal conduct you commit no crime by your investigative reporting, and the 1st Amendment (freedom of the press) offers some protection against being forced to reveal information or confidential sources in writing stories that deal... Read more »

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2 Answers | Asked in Criminal Law and Civil Rights for California on
Q: Malicious prosecution. I was found not guilty. Prosecutor and the catholic get away with it? No evidence or witness

I was maliciously prosecuted for a crime I did not commit. A jury found me not guilty. No evidence or witnesses. Prosecutor and judge and catholic church just get away with it ? Is there any place to file complaints ?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 16, 2021

Malicious Prosecution as a civil lawsuit against a prosecutor requires the services of lawyer asap to protect against time deadlines, among other things. The lawsuit requires proof that:

The criminal case resolved in your favor (congrats! ); the prosecutor was actively involved; there was...
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1 Answer | Asked in Contracts, Copyright, Criminal Law and Legal Malpractice for California on
Q: I'm not sober under the influence to my attorney. Is it illegal can I suspend their bar? What is it called by law code.

I'm not sober drunk and high on drugs. They're all seeking advantage of me doing white collar crime fraud scheme. What is it called by code of law?Can I suspend their licence bar?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 1, 2021

A lawyer involved in a 'white collar crime fraud scheme' would surely face the loss of their license with the state bar, not-to-mention criminal prosecution. You can file a complaint at The California State Bar website- calbar.ca.gov or call (800) 843-9053. It might be wise to consult... Read more »

3 Answers | Asked in Criminal Law for California on
Q: Does the 3 strikes law still apply today
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 21, 2020

The three strikes law (1170.12 P.C.) is still very much alive in California. However to receive a sentence of 15 years to Life, the 3d strike must be a serious /violent one, listed in 667 or 1192.7, otherwise the maximum confinement time is double what could otherwise be imposed. A Romero Motion,... Read more »

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5 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: Hi ,I'm looking for a police brutality cases in california that won . how do i find them ?

My son was severely beaten by sheriffs ,one cop broke his leg and the others broke,fractured their fist and wrist beating my sons head in causing 5 large lacerations to his scalp and face . Now he's being charged with 148's and 69's pc (about 10 each) and I'm looking for... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 10, 2020

Verdicts in police brutality cases can be found at verdictsearch.com. Other publications are directed mostly to lawyers.

John L. Burris specializes in such cases and has obtained multi-million dollar verdicts (like the Rodney King case for example.) In Northern California call (510)...
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2 Answers | Asked in Criminal Law for California on
Q: My girlfriend was sentenced to serve 5 days in jail on November 13, 2020 and here she still is in jail.

She saw the judge on November 13, 2020 and was sentenced for 5 days and so her court date was moved because of COVID and her cell was quarantine and she calls me up today and said she has to stay another 14 more days because quarantine again. Her public defender wont return my calls and she is... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 9, 2020

They can't keep her longer than the sentence imposed. Either she misunderstood the sentence, or a clerical error could have occured. I would start with classifications at the jail, and ask for the sentence and out-date. Compare that against the minute order of the sentencing contained in the... Read more »

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3 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: I need help about fraud

Hello i keep my money in my moms bank account. I recently sent $500 to my friend.

My moms not reporting me for some reading she wants to report my friend. She wants to tell her bank my friends stealing. "Will my "friend" get introuble. As it is it shows my account with my... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 30, 2020

It sounds like your mother controls your money, and she didn't okay you sending it to your 'friend'. Unless the friend obtained the money through fraudulent means, or took advantage of you to get it, it's not clear how the friend would be in trouble. If you are having second... Read more »

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2 Answers | Asked in Criminal Law and Federal Crimes for California on
Q: A prosecutor ordered a stipulated protective order on a discovery for a federal criminal case. What does that mean?

Should the stipulated order be agreed with or should it be rejected? And what are the outcomes for either

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 24, 2020

Typically, a protective order connected to discovery, would involve an agreement between counsel, prohibiting the attorney, client, and anyone else working on the case, from disclosing the information contained in the discovery, to the public or third parties.

If you want the information,...
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3 Answers | Asked in Criminal Law for California on
Q: Can my daughter get in trouble for getting pregnant by a under age boy?

She is 19 and the boy is 15

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 20, 2020

YES, especially because she is 4 years older than him. Here is the crime in California.

Cal. Pen. Code, § 261.5

Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.

Any...
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3 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Fbi goes to grand jury, grand jury decides to indite, same day FBI bring case to a Judge and gets a warrant and arrests

1-current gand jury is unconstitutional. FBI goes to grand jury to get a sure conviction. Fbi on same day brings case to Judge and gets warrant. Arrest you and lie and say your arraignment is your due process. I think this is a clear violation of due process along with the violation one goes... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 17, 2020

You have the right to confront and cross-examine your accusers; the right to remain silent or testify on your own behalf; the right to effective assistance of counsel (free); the right to subpoena witnesses on your own behalf, and the right to trial by a jury.

These are rights guaranteed...
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