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Questions Answered by Rhonda Mae Hixon
2 Answers | Asked in Criminal Law for California on
Q: Could they charge me with multiple sales of narcotics at the same time

The PD raided my house and took my safe with narcotics in it but have yet to file charges on the contents of that safe. Then about a month later I got pulled over by a different police agency and was found with narcotics, after they cut into a locked bag without my consent and charged me with sales... Read more »

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

The district attorney for your county files cases arising from all cities within the county. So, if it was different police agencies within the same county, the charges will come together in one complaint either from the beginning or separately, and then consolidated later. If different counties... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I was charged with felony burglary while on bail for the same charge so I'm out on bail twice.how bad is my situation
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 6, 2020

Most likely the new charge will also include an out-on-bail an enhancement (12022.1 P.C.) which adds 2 years to the sentence, and depending on your judge, could result in get enhanced bail or incarceration when you appear on the new charge.

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4 Answers | Asked in Criminal Law and Identity Theft for California on
Q: I have trial readiness court scheduled tomorrow. Can i tell my lawyer that i am not happy and want a different lawyer?

He has done nothing to help me at all. He hasn't contacted any witnesses and he barely remembers anything from the last time we spoke. He just stands around laughing and chatting with the DA and tries to convince me to take a deal. He hasnt returnes my emails and i feel like he hasnt tried to... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 5, 2020

You could ask the court for a Marsden hearing, where you have the opportunity to explain the breakdown in the attorney client relationship (because of his refusal to investigate/subpoena witnesses) such that you have no trust in the lawyer's ability to defend you, and request appointment of a... Read more »

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3 Answers | Asked in Criminal Law for California on
Q: I got a citation for drinking in public. I don’t have to attend court I just have to pay a fine. Is this an infraction?

I have to pay a fine of $250. But I don’t have to appear in court. The violation code is 41.27(c) LAMC (Los Angeles Municipal Code). I have to pass a background check for the jobs that I’m applying. Will this show up as an infraction on my live scan/ background check?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jul 26, 2020

It sounds like a city code violation you are describing, which most certainly is an infraction if it doesn't require your appearance in court, and the maximum punishment is a fine; As opposed to the crime of being drunk in public (647(f) P.C., which is a misdemeanor (or reduced to an... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I got two strikes that were misdemeanor I never fought the case just to preliminary hearing can I delete the strikes?

Not romero act can I remove it permanently? Appeal my case is it possible to remove it permanently.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jul 11, 2020

The 3 strikes law- Penal Code section 1170.12- applies to felony convictions, not misdemeanors. A Romero Motion, that asks the court to strike a prior conviction, only applies to the sentencing at hand and doesn't get rid of the strike permanently.

If you want to check whether a...
Read more »

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3 Answers | Asked in Contracts, Criminal Law and Civil Rights for California on
Q: I hired attorneys not sober I got evidence cant I suspend their licences bar. They took advantage of me stole money.

Should I notify fbi or cops to incomphiscate incarcerate them all. They stole alot of money from me doing white collar crime fruad scheme. Civil rights where can I hire a pro bono attorney at.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 29, 2020

You can make a complaint with the California State Bar- the agency that licenses, and disciplines lawyers, and can suspend or revoke their law license. You can also contact a Tort/ Personal Injury cases to see about suing in civil court- There is no cost to you, unless they win ( a contingency... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Can a dashcam clip from 3 years ago showing a misdemeanor, be used against someone now, considering the rules of SOL?

A little over 3 years ago I had an incident with a driver where I made a maneuver that could hypothetically be considered reckless driving, a misdemeanor, which was recorded on my dashcam. I want to publish the video on Youtube for the first time, showing people what NOT to do. The video has never... Read more »

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

You won't be prosecuted (successfully) for a reckless driving that occurred more than 3 years ago; The Statute of Limitations is one year.

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1 Answer | Asked in Criminal Law and White Collar Crime for California on
Q: I am my fiance's only caregiver, can they take me to jail?

I got in trouble last year and been fighting it ever since, the only offer I have been given is 290 days the problem is, my fiance is mentally ill and needs me to care for her. I am all she has and I am very worried what will happen to her if I go to jail. She has no family or anything. Is there... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 22, 2020

Most county jails have alternative custody programs that offer work program or home electronic confinement as an alternative to incarceration, with exception for certain offenses. Check with your lawyer, or your county jail (website) for specifics about their program. You may not need an agreement... Read more »

2 Answers | Asked in Criminal Law and Patents (Intellectual Property) for California on
Q: Three adult girls provoked my son by hitting him with bats. He took the bat away and hit them back.

He is only 17 and these ladies called cops but took my son to jail.

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

Hopefully they took him to juvenile hall (not jail) and will be handling the matter in juvenile court. It sounds like self defense, which a lawyer will investigate/pursue. Your son (or you) can help by identifying any potential witnesses and video cameras in the area that can be obtained by his... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: I have a question on what my boyfriends sentencing means

Was wondering what this meant

04/24/2020 Sentenced

001

PC211-F-Robbery: First Degree

Sentenced

Adult Confinement

Type: Prison

Facility: San Quentin Reception Center

Start Date: 04/24/2020

Term Type: Confinement

Term:... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 1, 2020

A robbery is considered a violent felony under 667.5 (c) P.C. and limits the worktime credits he can earn to 15%- meaning he must do 85% of the sentence- (per 2933.1) or about 3 years, after subtracting the time he had in by sentencing.

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1 Answer | Asked in Criminal Law for California on
Q: If no crime was committed can the DA investigate and charge?

An incident occurred and a report was filed but nobody was arrested and no charges were filed. Can the DA still pick up this and make a case based on the police report info?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on May 18, 2020

Yes. As long as the Statute of Limitations has not expired, the DA can file charges. Murder, and now sex crimes, have no statute of limitations.

2 Answers | Asked in Criminal Law for California on
Q: If a cop pulls you over for no reason what so ever and detains you and searches the car finding drugs can you fight it?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 21, 2020

Generally speaking, a cop must have reasonable suspicion that a driver has committed a traffic offense in order to lawfully pull over a vehicle, because it involves the detention of the occupants and the 4th Amendment right to be free from unreasonable searches and seizures. Beyond the stop... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Parole Hold and when charges are filed

my bf is on parole, he was pulled over by CHP for DUI (1st time) he failed breathalyzer test and fled before he could be handcuffed. He turned himself in after he was able to speak with his employer. He's been on parole hold since 3/3/2020 and no charges or bail is on the system. County states... Read more »

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

Since parole conditions can be violated without criminal charges being filed, parole holds are typically not lifted until resolved and can't be bailed on. What the DA files can affect the parole violation, and whether it's resolved for a concurrent sentence in county jail, or a return to custody.

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2 Answers | Asked in Criminal Law for California on
Q: can a person still be charged for a crime, when there's video proof of it, even if it's past the statute of limitations

can a man still be charged for a crime, if there's irrefutable video proof found of him commiting it, even if the statute of limitation has reached it's deadline.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 23, 2020

The Statute of Limitations is a bar to prosecution regardless of the 'proof' of the crime. The Statute varies with the crime involved, so you want to do the research to determine what the SOL is, and keep in mind that the DA could allege a crime that fits within it.

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3 Answers | Asked in Criminal Law for California on
Q: What does penal cold 3700.5 code have to do with penal code 1524
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 12, 2019

Penal Code section 1524 sets forth the grounds for issuance of a search warrant, and Penal Code section 3700.5 deals with investigating the sanity of an inmate sentenced to death.

I can't see the connection between the two.

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4 Answers | Asked in Criminal Law for California on
Q: How can iget a bench warrant removed without me having to make an appearance?

I have a bench warrant for not appearing to court for my ticketof possesion of drug perophenilia

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 5, 2019

Hire a lawyer. Lawyers can appear in misdemeanor cases for their clients and clear bench warrants.

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1 Answer | Asked in Criminal Law for California on
Q: In post-conviction criminal cases does fingerprints qualify under p.c. 1405; for DNA testing?

Im looking for a reasonable attorney for a post-conviction discovery, concerning an exculpatory fingerprint the Los Angeles Sheriff's department has refused to disclose to exonerate my brother.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Nov 1, 2019

Penal Code section 1405 authorizes the filing of a Motion for post-conviction testing of DNA evidence for defendants (serving a prison sentence) who did not have that technology available at the time of trial and where identity was a significant issue that resulted in the conviction.... Read more »

5 Answers | Asked in Criminal Law, Constitutional Law, Federal Crimes and Sexual Harassment for California on
Q: Can a lawyer represent in any City and how do I go about finding the right one and what are basic fees

I would like to send someone a civ 110-120

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 30, 2019

A lawyer can practice in all counties and cities in the state where they are licensed to practice law, although it would usually cost more to have one travel far.

The civil forms you mentioned- Request for Dismissal (civ 110) and

Notice of Entry of Dismissal (civ 120) are...
Read more »

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3 Answers | Asked in Criminal Law for California on
Q: How can I help my gravely disabled son that is in Kern County Lerdo Justice Facility?

My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 29, 2019

Hire a criminal defense attorney or provide all this information to his appointed counsel asap. Criminal proceedings are suspended for those who are not competent to stand trial, while they receive treatment, as a defendant must be able to assist counsel in the presentation of his defense. There... Read more »

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4 Answers | Asked in Criminal Law for California on
Q: For the criminal case can I change the lawyer before or on the trial day and what will be happen?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 29, 2019

Most judges will not permit a change of lawyers on , or too close to the trial date. You can hire privately at any time, however it would almost always require a continuance so that the new lawyer can prepare the defense.

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