Questions Answered by Rhonda Mae Hixon
Q: What would be a reason to have charges dropped of warrant has wrong information
Rhonda Mae Hixon's answer
Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within 5 years? There is no jail with Diversion.
A motion to suppress the drugs might be in order if they violated your rights to locate them ( illegal detention, illegal search, illegal arrest);...
Assuming the charges with respect to receiving stolen property (that was your own) are dismissed and you are charged with possession- You might be eligible for Diversion under Penal Code section 1000 (a). No felony convictions within 5 years or prior drug convictions (besides possession) within 5 years? There is no jail with Diversion.
A motion to suppress the drugs might be in order if they violated your rights to locate them ( illegal detention, illegal search, illegal arrest);...
Q: An ex employee, a maid, purloins the house key entrusted to her by her former employers.
2 Answers
| Asked
in
Constitutional Law, Criminal Law and Federal Crimes
for
California
on
Answered on May 17, 2019
Answered on May 17, 2019
Rhonda Mae Hixon's answer
A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to ask permission, explain, or leave it when confronted by a family member.
A defense attorney might question where the lawnmower and gas were located. A detached garage or other shed may not...
A prosecutor would say: Entering a residence with the intent to steal (or any other felony) is a 1st degree burglary. The only evidence that it was a borrowing and not a theft (with the intent to permanently deprive) is in the mind of the taker, who is facing charges. And there was no attempt to ask permission, explain, or leave it when confronted by a family member.
A defense attorney might question where the lawnmower and gas were located. A detached garage or other shed may not...
Q: Is a clone a human and would homicide be illegal
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Criminal Law and Antitrust
for
California
on
Answered on May 16, 2019
Answered on May 16, 2019
Rhonda Mae Hixon's answer
A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.
A clone of a human would be a human since they share the same DNA, so homicide of a clone would be illegal and a violation of Penal Code section 187, just as it would for a human.
Q: Can a felony 529 charge be dropped to a misdemeanor?
Rhonda Mae Hixon's answer
Yes. 529 P.C. is a 'wobbler', punishable as a felony or misdemeanor - so it can be reduced to a misdemeanor.
Yes. 529 P.C. is a 'wobbler', punishable as a felony or misdemeanor - so it can be reduced to a misdemeanor.
Q: Can I change my APD if a trail date has been set?
Rhonda Mae Hixon's answer
Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time.
The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial rights too. The courts balance that against your right to be represented by an attorney of your choosing, which typically wins out.
As long as the substitution is made within the statutory...
Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time.
The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial rights too. The courts balance that against your right to be represented by an attorney of your choosing, which typically wins out.
As long as the substitution is made within the statutory...
Q: If someone commits perjury in court in a signed pleading.Does the SOL start running from when they signed or when filed
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Civil Rights and Constitutional Law
for
California
on
Answered on May 12, 2019
Answered on May 12, 2019
Rhonda Mae Hixon's answer
Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).
That's why lawyers will frequently declare something to be true based on "information and belief".
The prosecution of crimes begins with the law enforcement branch with jurisdiction- Police in the city, Sheriff in the county, and the Marshall(s) in a state court. The District Attorney for the county where the crime occurred would make the...
Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).
That's why lawyers will frequently declare something to be true based on "information and belief".
The prosecution of crimes begins with the law enforcement branch with jurisdiction- Police in the city, Sheriff in the county, and the Marshall(s) in a state court. The District Attorney for the county where the crime occurred would make the...
Q: under duress, I was forced to hand over my vape pen to officer Hern. I was the passenger of my fiancé’s vehicle.
3 Answers
| Asked
in
Small Claims, Criminal Law, Civil Rights and Constitutional Law
for
California
on
Answered on May 10, 2019
Answered on May 10, 2019
Rhonda Mae Hixon's answer
Get a camera that records inside and outside the vehicle and get documentation of the harassment. If you wanted to sue for a violation of your civil rights, you must make a claim within 180 days, so take your evidence to a lawyer well before the time runs out.
Get a camera that records inside and outside the vehicle and get documentation of the harassment. If you wanted to sue for a violation of your civil rights, you must make a claim within 180 days, so take your evidence to a lawyer well before the time runs out.
Q: how long the sheriff can hold my phone and computer as "evidences" when they confiscated without a warrant.
Rhonda Mae Hixon's answer
If the seizure was for investigation of a criminal offense, they could conceivably keep the property for the length of time equal to the statute of limitations for the filing of charges on the crime, for example 1 year on a misdemeanor, 3 years on a basic felony.
There is a Motion for Return of Property ( under Penal Code sec.
1538.5 ) that can be made to ask the court to order the property released, if no charges are filed.
If the seizure was for investigation of a criminal offense, they could conceivably keep the property for the length of time equal to the statute of limitations for the filing of charges on the crime, for example 1 year on a misdemeanor, 3 years on a basic felony.
There is a Motion for Return of Property ( under Penal Code sec.
1538.5 ) that can be made to ask the court to order the property released, if no charges are filed.
Q: Is it illegal to say F The Police in Public?
Rhonda Mae Hixon's answer
No. The 1st Amendment protects freedom of speech. You can't , however incite a riot, challenge people to fight, or scream "Fire!" in a movie theater.
No. The 1st Amendment protects freedom of speech. You can't , however incite a riot, challenge people to fight, or scream "Fire!" in a movie theater.
Q: If a warrant is issued for 496d/pc and bail is 50,000 then How much time is the person looking at?
Rhonda Mae Hixon's answer
A felony charge of receiving stolen property (496 P.C.) carries a maximum of three years in jail, and is an 1170 (h) offense, meaning no prison, unless there's a prior strike offense alleged. No one serves 100% of the sentence; 50% is typical for a basic felony, without a strike.
A felony charge of receiving stolen property (496 P.C.) carries a maximum of three years in jail, and is an 1170 (h) offense, meaning no prison, unless there's a prior strike offense alleged. No one serves 100% of the sentence; 50% is typical for a basic felony, without a strike.
Q: Do you have to get drug tested for all 3 years on probation?
2 Answers
| Asked
in
Criminal Law, Federal Crimes, Gov & Administrative Law and Public Benefits
for
California
on
Answered on Apr 29, 2019
Answered on Apr 29, 2019
Rhonda Mae Hixon's answer
If you are on a three year grant of probation with drug testing terms, you can be drug tested at any time during the three years; Typically, when there is suspicion of use, as the testing can get costly for a probation dept.
Probation can be terminated early for those probationers in compliance, who have paid the fines/fees, and are experiencing problems with employment or housing because of the grant.
If you are on a three year grant of probation with drug testing terms, you can be drug tested at any time during the three years; Typically, when there is suspicion of use, as the testing can get costly for a probation dept.
Probation can be terminated early for those probationers in compliance, who have paid the fines/fees, and are experiencing problems with employment or housing because of the grant.
Q: Wife was swatted on hip for serving to much food several times, can we sue if nothing is resolved internally?
Rhonda Mae Hixon's answer
Any offensive touching ( not consented to) is a battery (P.C. 242), and the threat or attempt to do so , is an assault (P.C. 240).
In the workplace, this looks like sexual harassment /discrimination as such behavior would certainly create a hostile work environment.
Crimes are investigated by law enforcement, but a person can sue for battery and sexual harassment, discrimination or retaliation . The Department of Fair Employment and Housing investigates such...
Any offensive touching ( not consented to) is a battery (P.C. 242), and the threat or attempt to do so , is an assault (P.C. 240).
In the workplace, this looks like sexual harassment /discrimination as such behavior would certainly create a hostile work environment.
Crimes are investigated by law enforcement, but a person can sue for battery and sexual harassment, discrimination or retaliation . The Department of Fair Employment and Housing investigates such...
Q: Is using hidden videos taken of a caretaker who was caught on camera stealing from my mom admissible in court?
2 Answers
| Asked
in
Criminal Law, Civil Rights and Elder Law
for
California
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Rhonda Mae Hixon's answer
Yes. If you are willing to provide the foundation for its admission, i.e, the date, time, and authenticity of the recording, you can hand it over to law enforcement for the DA's use, or a lawyer for a civil suit.
Yes. If you are willing to provide the foundation for its admission, i.e, the date, time, and authenticity of the recording, you can hand it over to law enforcement for the DA's use, or a lawyer for a civil suit.
Q: Can a 20 yr old domestic violence case be used against me in a current assualt charge?
Rhonda Mae Hixon's answer
The short answer, based on the facts provided, is "No".
If the prior incident resulted in a felony conviction, occurred within seven years of another similar charge, or was so similar to the current charge that it looks like an m.o. (modus operandi) then it could effect your current situation, or how you handle the case going forward.
The short answer, based on the facts provided, is "No".
If the prior incident resulted in a felony conviction, occurred within seven years of another similar charge, or was so similar to the current charge that it looks like an m.o. (modus operandi) then it could effect your current situation, or how you handle the case going forward.
Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?
Rhonda Mae Hixon's answer
Most drug possessions are misdemeanors, so one line of attack would be to show a DA how you will prove it was not possessed /transported for purposes of sale.
If it is a misdemeanor, setting the case for trial, without a time waiver, can result in a dismissal if DOJ doesn't have time to do a confirming test on the substance.
Challenging the search ( illegal car stop,illegal detention, no reasonable suspicion) or the warrant (no probable cause, includes misstatements, or...
Most drug possessions are misdemeanors, so one line of attack would be to show a DA how you will prove it was not possessed /transported for purposes of sale.
If it is a misdemeanor, setting the case for trial, without a time waiver, can result in a dismissal if DOJ doesn't have time to do a confirming test on the substance.
Challenging the search ( illegal car stop,illegal detention, no reasonable suspicion) or the warrant (no probable cause, includes misstatements, or...
Q: Is there a way my boyfriend can ask to be seen by a judge to lower the bail(which is extremely excessive for his crime)
2 Answers
| Asked
in
Criminal Law, Products Liability and Admiralty / Maritime
for
California
on
Answered on Apr 16, 2019
Answered on Apr 16, 2019
Rhonda Mae Hixon's answer
An accused has a right to ask that the bail amount be lowered at the time of arraignment, and again at the time of arraignment on the Information (after Preliminary Hearing).
The amount of bail is set by statute and relates to the crime(s) charged.
The purpose is to secure the accused's appearance at court. That amount seems high concerning the crimes mentioned- Does he have a prior strike conviction ?
If his lawyer didn't argue for it to be lowered, he or she will...
An accused has a right to ask that the bail amount be lowered at the time of arraignment, and again at the time of arraignment on the Information (after Preliminary Hearing).
The amount of bail is set by statute and relates to the crime(s) charged.
The purpose is to secure the accused's appearance at court. That amount seems high concerning the crimes mentioned- Does he have a prior strike conviction ?
If his lawyer didn't argue for it to be lowered, he or she will...
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.
