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Questions Answered by Rhonda Mae Hixon
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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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: Who is responsible for ups losing a package the ups store where it was mailed or ups themselves
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Oct 11, 2019

When you make a claim for a lost package through UPS claims procedures, the claim is against UPS itself. They have limits on liability

($100), unless insurance was purchased.

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2 Answers | Asked in Criminal Law for California on
Q: I have a question regarding an inmate in Los Angeles County jail. He tried posting bail but has a hold in Ventura county

(Warrant) Bail bonds said they could not post bail for that reason? What can be done to lift the hold?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 27, 2019

Can he bail on the case from Ventura County? If not, he will have to deal with the LA case to completion. If he gets a sentence of 180 days or more, he can put in a 1381 demand to Ventura County to come get him.

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for California on
Q: Is it better to petition for my marijuana conviction to be dropped before trying to get my wobbler reduced? Or together?

I figure I should get the marijuana conviction dropped before asking to have the felony I was on probation for reduced; but is it possible to do them at the same time? I don’t live in the same town and I already drove there to pay off fines and get paperwork.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 26, 2019

You can file the forms for the reduction and dismissal of the a marijuana conviction and a felony in another case (if I understand you) before or

at the same time, (it doesn't matter)- but you would use two different forms. The marijuana is a Petition under 11361.8 H&S, (Judicial Counsel...
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1 Answer | Asked in Criminal Law for California on
Q: Did the officer have to state to me first what she was searching for on me not during the search aftermath

I was caught shoplifting at target..officers come and a women officer asks me if she can pat me down in search of any stolen merchandise on me..i know i had no merchandise of store on me so therefore i say ok..but as she is padding me down she feels what was my money and i had a bag with personal... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Sep 23, 2019

Generally speaking, officers can seize evidence and contraband that are found in plain view , if they are lawfully in the position to observe it.

If you consent to a search, you have waived your 4th Amendment rights and the right to complain about the seizure of contraband found in plain...
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1 Answer | Asked in Criminal Law for California on
Q: hello. thank you for your time. My friend (and 2 co-defendants) was charged with and convicted of theft charges in 2006.

All of their sentences included jail time, however my friend recently became aware that he is the only one who was ordered to pay restitution, which he has done consistently each month since his release. Is there a method by which he could appeal to the judge/court for a reduction or perhaps... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 21, 2019

When co-defendants are convicted of a crime, restitution to a victim is ordered on a 'joint and several liability' theory; that each defendant is responsible for the total amount due- to be collected from whomever has the ability to pay. He could sue his co-d's to pay their share, but the courts... Read more »

2 Answers | Asked in Criminal Law for California on
Q: How do you fight a charge of an inmates word against a prison guard? What right do the inmate have ?

My brother was at Delano prison and got into a fight now they pressed charges againt him. What rights if any do he have against stated charge. And if there was no weapon can they still impose a strike

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 19, 2019

Witnesses and videotapes ( subpoenaed by an attorney) can defend against the words of a prison guard. If your brother was charged with a new crime, he has the same constitutional rights of defense.

'Strikes' are serious or violent, but don't always require a weapon.

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1 Answer | Asked in Criminal Law for California on
Q: Can a stay away order be modified is the case was dispossed?

Called the cops on my husband because he chocked me, he got arrested. I was never notified of any court dates, the bail that was set, the day he was released, and the disposition of the case. no one ever called me to get more details about the case. He pled no lo contendere. He’s on probation for... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 12, 2019

A no-contact order can be modified upon a victim's request. You want to contact his probation officer with that request. If a criminal protective order has been filed, a request will need to be made to the court. The probation officer should be able to assist you with that.

3 Answers | Asked in Criminal Law for California on
Q: Can a gas station attendent get verbally abusive & threaten my boyfriend & no longer allow him there?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Aug 2, 2019

While a business can refuse service, or permission to be on their property, there are laws against verbal abuse, threats, or discrimination.

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1 Answer | Asked in Criminal Law for California on
Q: If found guilty of a PC 245(b) & PC12022.5(A) can you legally receive time for both, when 245(b) is clearly a element

In a 245(b) Should I be exempt from the penalty of the PC 12022.5(a) considering the gun in the 245(b) is a the element of the crime?

Wouldn't it be basically be viewed as the same charge of crime considering you cant do one without the other

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jul 8, 2019

Assault with a semi-automatic firearm (245b), where YOU use the firearm , would necessarily include the use of a firearm, as an element, and should not result in additional punishment, under 12022.5 (a).

There is an exception, in subsection (d) If the firearm is used to shoot from a...
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3 Answers | Asked in Criminal Law for California on
Q: My husband is a convicted felon, convicted of fraud. Am I able to own a firearm?

My husband has never been convicted of violence or weapons. I live in Contra costa county, California.

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jul 8, 2019

Yes you can! You do not forfeit your 2d Amendment rights because you marry a felon. Of course, you want to keep it locked up, with a code or key your husband doesn't have, so he isn't charged with possession or access. That goes for ammunition too!

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2 Answers | Asked in Criminal Law for California on
Q: Can the court order me to see a shrink without providing me the reason why?

It has nothing to do with what I have been going to court for the past year, I said I am not guilty let’s take it to a jury.

They don’t want to because the police are guilty of taking me to jail unlawfully, I called them for assistance!

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

If the court, or your attorney has a doubt as to your ability to understand the nature of the proceedings or to assist in your own defense they may refer you for an evaluation to a 'shrink' under

section 1368 of the Penal Code.

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2 Answers | Asked in Criminal Law for California on
Q: Re: SB 1437 - how do I get representation for son that petitioned for re-sentencing? In LA County; awaiting court?

New law allows convicted to petition courts for resentence; his petition was accepted; and a court date has been set. How do I get him representation; for his benefit; rather than a Public Defender assigned?

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 14, 2019

You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: PC3056 VIOLATION OF PAROLE:FEL PRCS 06/19/2019 1330 Dept: WE NO BAIL What's all this mean?
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 11, 2019

A Violation of Post Release Community Supervision (AB 109 Parole), has been filed and set for June 19, 2019 at 1:30 p.m.

If a violation is ultimately found to exist , the maximum punishment is 180 days.

2 Answers | Asked in Criminal Law and Juvenile Law for California on
Q: DA offices said No charges will be filed against my sons. But the detective says it's being referred to probation. Why

My son was cited intent to sell 3 thc cartridges. DA office rejected the case. I contacted the detective to get my sons phone back, and he informed me that my sons case is being referred to probation and he isn't able to give me back the phone. The only paperwork I received was from the DA office... Read more »

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

If they are minors, it is most likely a referral for informal handling through juvenile probation.

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