John Kevin Hinely’s Answers

John Kevin Hinely

Colusa Criminal Defense Attorney.

Contributor Level 9
  1. Do I have any option? My 1974 Chevy truck was hit by a drunk driver, while parked in front of my house.

    Answered about 1 year ago.

    1. John Kevin Hinely
    2. Robert Bruce Kopelson
    3. Daniel Nelson Deasy
    4. John Noah Kitta
    4 lawyer answers

    Were criminal charges filed against him? If so, and he is convicted of a crime that resulted in your loss, you may be able to seek Criminal Restitution under California Penal Code section 1202.4. Under Criminal Restitution the court has discretion to impose the actual cost of repairing the property, even if that amount exceeds the replacement cost (In re Dina V. (2007) 151 CA4th 486, 488–489). Contact the Victims-Witness Department, typically in the District Attorney's Office, for the...

    14 lawyers agreed with this answer

  2. Should I hire a lawyer before going to Court house?

    Answered over 1 year ago.

    1. John Kevin Hinely
    2. Andrew Stephen Roberts
    3. Anthony Michael Solis
    4. Jasen Bodie Nielsen
    5. Michael Jon Fremont
    6. ···
    9 lawyer answers

    If your BAC was .0127%, then there are serious issues if you are being charged with a DUI. Are there some facts missing here? Are you under 21; Were you on DUI probation; Was there something else in your system, other than alcohol (i.e. medications, drugs, etc.). Do not answer on this forum, as it is public information that even prosecutors could read!! Yes, you should contact an attorney before going to court. Not only may there be DMV consequences that you are not aware of, but as...

    13 lawyers agreed with this answer

  3. If a public defender represented my boyfriends co-defendant on charges they are currently facing is that a conflict of interest?

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. Dan Eugene Chambers
    3. John Kevin Hinely
    4. Sholeh Iravantchi
    5. Victoria L Clemans
    6. ···
    7 lawyer answers

    Unless there was a waiver to conflict free counsel, then an attorney should not be representing both defendant in the same case. As to being offered the same deal, this does not always occur, as each defendant has their own set of circumstances. For example, one may have a prior prison term that increases punishment, one may have other types of priors that enhance sentencing, one may be on probation, there are just too many variables.

    12 lawyers agreed with this answer

  4. I got a DUI for my own prescription. I have 2 priors for alcohol. both 8 plus years old.

    Answered about 1 year ago.

    1. John Kevin Hinely
    2. Hudson Thomas Bair
    3. James C Forslund
    4. Ginny Harjot Kaur Walia
    5. Mordechai David Pelta
    5 lawyer answers

    Do yourself a favor and hire an attorney immediately!! 1.) You have an attorney who wants to be relieved for whatever reason; 2.) There are issues in this case if law enforcement forced a blood draw without a warrant or your consent; 3.) There are obvious medical conditions that could be a valid defense. A 3rd DUI has a mandatory minimum of 120 days in jail if convicted. Hire an attorney now!!

    10 lawyers agreed with this answer

  5. I need help

    Answered about 2 years ago.

    1. John Kevin Hinely
    2. Maltaise E Cini
    3. David M Blain
    3 lawyer answers

    There is not enough information in your question to give you an accurate answer. My first question would be why did an officer search the trunk? What were you pulled over for and what were the officer's observations that lead to them searching the car? Secondly, are you under 21 or over 21? I am not trying to be rude, but your age determines the potential penalties, and there may well be some constitutional infringements if an illegal search was conducted.

    10 lawyers agreed with this answer

  6. Dui probation violation laws

    Answered almost 2 years ago.

    1. John Kevin Hinely
    2. William Mark Weinberg
    3. William A. Jones Jr.
    3 lawyer answers

    Your question is too vague to give an exact answer. You may be found in violation of your probation if you failed to obey all laws, or if you violated a specific term set forth in the probation order. If you were arrested/cited for being drunk in public and the District Attorney files charges against you, then there will likely be an allegation that you failed to obey all laws. So not only would you have a new criminal case pending, but you would also have a violation of probation on...

    8 lawyers agreed with this answer

  7. How do I get the jail to stop forcing psychotropic drugs on my son when he's not supposed to take them?

    Answered about 1 year ago.

    1. John Kevin Hinely
    2. Lisa Michelle Bassis
    3. Greg Thomas Hill
    3 lawyer answers

    First, you indicate that the public defender is not speaking to you, but is the public defender speaking to your son? Unfortunately, and I am not making an excuse for the public defender, but because of attorney-client confidentiality, sometimes an attorney is limited in what they may say to someone other than their client. If you are still not satisfied with what the public defender is doing, then I would suggest hiring a private attorney. Secondly, grievances on the conditions at the...

    7 lawyers agreed with this answer

  8. My husband is a auto mechanic got arrested for pc 496{d}a stolen car we had no idea it was stolen how long is my husband look?

    Answered over 1 year ago.

    1. Greg Thomas Hill
    2. Dan Eugene Chambers
    3. John Kevin Hinely
    4. James Melvin Taylor
    4 lawyer answers

    You mention a Domestic Violence in 2011 of some sort.....is he still on probation for that offense? If so, he could be facing a Violation of Probation for failing to obey all laws, as well as a new case. This means not only is he subject to up to 3 years on the new 496d(a) case, but also another 1 year for the violation of probation. You should consult an attorney.

    7 lawyers agreed with this answer

  9. Dont have money for fines do judges usually offer other ways to correct violations? Will extention take away alternative options

    Answered about 1 year ago.

    1. John Kevin Hinely
    2. Greg Thomas Hill
    3. Michael Kevin Cernyar
    3 lawyer answers

    First, it sounds as if the moped has been transferred from your name? If so, this needs to be brought to the court's attention. Many judges will take this into consideration and either reduce or dismiss a case in it's entirety based on the fact that one cannot "correct" the situation and provide such proof of correction to the court, since they elected to get rid of the moped/vehicle. Make sure and have of the paperwork that you can when going to court in order to demonstrate this to the...

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  10. My husband has had two DUI's in a month and when he went to court both times neither was on the docket.

    Answered about 2 years ago.

    1. John Kevin Hinely
    2. Daniel C Grupenhagen
    3. Andrew Stephen Roberts
    4. Joshua Paul Shelton
    5. Joshua Stephen Alexander
    5 lawyer answers

    First, despite not being on the court calendar do not forget that DMV may still take action against his driving privileges. A person arrested for a DUI in California only has ten days to request a hearing reagarding the suspension, otherwise DMV may proceed with the suspension on their own. Make sure and contact DMV for a hearing and if the time requirement has already passed, you may want to ensure that he still has a valid license!! As to the case not being on the court calendar, I would...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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