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Questions Answered by Rhonda Mae Hixon
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...
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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 »

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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...
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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 »

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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 »

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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 »

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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 »

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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...
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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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