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John Kevin Hinely

John Hinely’s Answers

63 total

  • How long does the d.a have to press charges for under the inflence

    I was arrested on feb 2 2012 and the d.a didnt even file a complaint till aug 28 2012 can they do that

    John’s Answer

    Yes. California Penal Code 802 allows the prosecution one year in which to commence prosecution (file a complaint per California Penal Code 804) for most misdemeanor offenses, although there are some specific offenses that can differ.

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  • What are the charges for CRF140001257 under the California penal code?

    tell me some examples as to why a lawyer would file a Council's Notice of Conflict?

    John’s Answer

    CRF140001257 is a case number, not a charge under the California Penal Code. CRF stands for Criminal-Felony; 14 stands for the year 2014; and the remaining numbers are the case specific number.

    A lawyer would declare a conflict when he/she has some other association to the case that prevents him/her from representing the defendant appropriately. For example, the attorney has represented a witness or victim in the case; the attorney is a witness in the case; etc.

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

    He was arrested august tenth for breaking windows under the influence of a controlled substance. he was labeled ''crazy'' and forced medication after which he pulled out his hair, was placed in a padded cell and in worse condition than when arres...

    John’s Answer

    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 Lake County Jail can be filed at the jail, itself. If staff do not provide you or your son with the proper grievance form, then simply write a letter (better yet have an attorney write the letter). As long as your grievance is documented, that is what is important. Send your grievance/complaint to the Jail Commander. If you still receive no satisfaction, then call/write Sheriff Frank Rivero directly.

    An attorney can also file a Writ of Habeas Corpus based on the conditions of confinement. This would not be a first for Lake County!!

    You should really contact an attorney, as the way you are describing this situation ( "he was labeled crazy", would not allow you to bail him out, forced medication, etc.) I suspect that there is some sort of court order in place.

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

    Status: New 10/14/13, 9:24 pm Question My son just got his drivers license last month and decided to drive his dads moped to work because he didn't want to walk and was running late but the thing wasn't registered, had no insurance or licen...

    John’s Answer

    • Selected as best answer

    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 judge.

    Second, even if fines are incurred, the court will permit your son to complete work service in lieu of fines. This is a good alternative, as failure to pay fines on a vehicle code violation can result in your son's one month old license being suspended.

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

    While parked in front of my house my 1974 Chevy pickup was hit by a man who fled after hitting my truck. Local neighbors witness the person leave and went after him. Eventually they caught up to the man a few blocks down and brought him back to ...

    John’s Answer

    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 County in which the crime occurred.

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

    the police took me to jail after I blew .000 and forced blood from me. I was taken to the hospital from jail for seizure like symptoms. The DA does not know I was taken to the hospital and my attorney wants to be recused. I felt extremely ill so I...

    John’s Answer

    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!!

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  • When do you have the right to have a case dismissed (HS11550(A)) if they don't produce your test results?

    I was arrested and given a ticket last october for HS11550(A), as of may of this year they were unable to produce a "Discovery" (im assuming that would be my test results), i am scheduled to appear in court again on the 10th of october, could i ge...

    John’s Answer

    There are two types of test results, presumptive and confirmatory. A presumptive test is typically completed relatively fast. However, a confirmatory analysis, and the one that is more important, takes much longer. In this situation there is no "specific time" in which your case must be dismissed. In fact, in some cases it is necessary to set the matter for trial before the District Attorney will even try to obtain the confirmatory analysis. Hire an attorney, as there are ways the attorney can speed up the process and force the test results sooner.

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  • Can you ask for the marsden motion again if denied once already?

    judge denied my request to fire my lawyer, public defender. can I ask a second time?

    John’s Answer


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  • As a first time offender,clean record. what is the possible outcome when dealing with a hs11360(a) transportation charge?

    i have never been arrested or in any legal trouble ever! i was charged with transportation of marijuana.

    John’s Answer

    The basic answer to your questions is that HS 11360(a) carries a potential penalty of 16 months, 2 years, or 3 years in County Jail. In addition, if you are under 21 you are subject to a driver's license suspension. It is nothing to play around with.

    As my colleague has pointed out there are many, many issues that should be explored relative to your case. In addition, to what he has pointed out it is also important to understand if you had a valid marijuana recommendation or even one that has lapsed; do you belong to a co-op, collective, etc.

    Additional information on your case is needed, but do not discuss it on this forum as anyone, including the prosecutor can read it. Was there any money found/confiscated; how was the marijuana packaged; where was it in the vehicle; any paw/owe sheets; get the point.

    Consult an attorney as many offer free consultations and you may just find that you have a valid defense!!

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