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Questions Answered by Rhonda Mae Hixon
3 Answers | Asked in Criminal Law for California on
Q: can highway patrol pull you over on a basic traffic stop, not conduct the procedure, instead search my whole car?

got pulled over, basic traffic stop he said loud music. I Lost my DL but I was valid and since I couldn't find my wallet. they forced me out pat me down. had nothing on me. proceeded to search my vehicle with no consent. I had a large amount of cash. 35k neatly bank banded. I play high stakes... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jan 7, 2022

On the facts as presented, the search and seizure appears to be an unreasonable violation of your 4th Amendment rights. The vehicle can be stopped (and you detained) for reasonable suspicion of a traffic violation, but the lack of a driver's license does not justify a search of the entire... Read more »

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2 Answers | Asked in Criminal Law and Probate for California on
Q: I'm on probation in californnia, to what extent am I (or persons on probation in general) under surveillance?

For example, is it normal for persons on probation to be followed physically, what about monitoring electronic communications at the home? would it for example be in scope to use some kind of exploits or other attacks? I'm wondering what is the normal level of surveillance for someone on... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Dec 3, 2021

The terms and conditions of formal felony probation are ordered by the court and listed in the probation report for each specific defendant. Some people are ordered to provide the password to their cell phones to enable the P.O. to search the phone in a drug sales case, for example. But every case... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: Would holding a thief at gunpoint until police arrive be considered "false imprisonment" in California?

Example: In the wee hours of the morning, I awaken in my house to a sound coming from my detached garage. While my wife and children are all still sleeping in the house, a retrieve my (legally purchased and voluntarily registered) firearm from its secured location, exit my house and enter my... Read more »

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

No. You have the authority to restrain a person and make an arrest for the crimes being committed pursuant to Penal Code section 837. You should tell the person they’re under arrest but PC 841 does not require you to if they’re actually engaged in the commission of the offense.

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4 Answers | Asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Can a defendent out of custody appearing in pretrial hearing be told "take your hands out of pockets". By court ballif.

He made statement to only the defendent. While Judge is present. Seems like he was treating him like a inmate. Would this be a violation of his right to fair trial.

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

Bailiffs are responsible for courtroom security and control. They see every person as a potential threat in that confined setting, especially if you can’t see their hands, or what they may have in them. Its nothing personal; I’ve been hearing them say the exact same thing, while yanking hands... Read more »

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2 Answers | Asked in Criminal Law for California on
Q: How do I make them give me a restraining order, if the officer didn't give me one, at the time of the incident?

Even after seeing the security footage of me being assaulted with a 3ft pry bar. (My neighbor tried to hit me (3 times) while on the top of a ladder.) She wasn't taken to jail. Nor was I given a temporary restraining order. Even though I asked for one. This person has been harassing, stalking,... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 27, 2021

You might want to get a Civil Harassment Restraining Order in place. You can hire an attorney , go to your local legal-aid, or get the forms in a packet from the superior court civil clerk in your county. Judicial Council form CH-100 starts you in the right place. You don't need a lawyer to do... Read more »

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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 »

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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.

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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

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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 »

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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 »

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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 »

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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 »

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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 »

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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.

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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 »

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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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