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Thomas Lincoln Kearney IV
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Thomas Kearney’s Answers

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  • Is it possible to get habitual offender case lowered or get a restricted license in Pennsylvania?

    I have several dui's from back in 2011. My suspension time the verdict carries is almost up but I have another 5 hears for the habitual offender suspension. I have done all the counseling they asked for. I am a free trimmer by trade which requires...

    Thomas’s Answer

    You will want to hire local counsel to review your cases circumstances and the applicable law. One thing that should be researched in your case is whether a probationary license applicable, and if so, the process you need to follow. It's worth hiring an attorney to do this for you.

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  • Violation of probation for a new charge of simple assault?

    My adult daughter met a young man, who very quickly became abusive to her. He essentially held her captive by cutting off access to her money, car, phone, and family/friends. He was very physically abusive to her, and she ended up with facial fr...

    Thomas’s Answer

    A new charge will be a probation violation. How it is dealt with is a different story. He will have an attorney who will advocate vigorously for him. You may want to consult an attorney to help guide your daughter through this as a Victim and assist in communication with the police, DAs office and probation. Her interests should be considered strongly. This can be challenging and having an advocate can be very valuable.

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  • Got Charged for retail theft of $26. I admitted to the police officer who then gave me a citation. First offense ever.

    So I stole 3 items worth of $26 and put them in a bag I had on me. After the checkout, a girl stopped me and asked me to go with her. I knew right away and when I got in they asked for the unpaid merchandise so I did so. Then they called police an...

    Thomas’s Answer

    Do not just plead guilty to the citation and send it in. If you do this you will not be able to pursue other potential, and much better, outcomes. That will be the end of it, and you will have a record for a theft offense. This can be highly detrimental to your future. In order to pursue other options, depending on the magisterial District Judge this case is in front of, I would highly recommend seeking local York County counsel to represent you as they will be very familiar with different district judges and the possibilities that may be able to be negotiated. Either way the attorney will need to have contact with the court on your behalf in order to pursue alternative options.

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  • My boyfriend is awaiting a blood test from a DUI charge over the weekend. is jail mandatory for 2nd offense? Can it be avoided?

    My boyfriend got pulled over for a DUI (2nd offense). There was no probably cause unless you count him not stopping at a stop sign for 3 seconds or longer (he still stopped) and increasing speed to 38 (speed limit 35). The state trooper took his b...

    Thomas’s Answer

    I responded to a previous similar question from you, but this makes it all that much more important he proactively hires local counsel. With a 2nd Offense/Tier 3 DUI, there is a mandatory minimum 90 day jail sentence. That said, there are ways to utilize treatment and other programs to mitigate even this mandatory minimum sentence. York County counsel will be best suited to guide your boyfriend.

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  • Is it normal for a police officer to test from THC when drawing blood for a BAC?

    my bf got stopped because he didn't stop for more than 3 seconds at a stop sign and then increased speed (38 on a 35). then the state trooper (which was near our neighborhood) pulled him out for sobriety tests. he then took him to get his blood dr...

    Thomas’s Answer

    As long as the police have probable cause to request a blood sample after suspecting driving under the influence, they can, and will (for York County cases), test for a whole array of substances including THC. One can be DUI for having THC, or even metabolites of THC, in their blood while driving. That said, regarding DUI's generally there is many times ways to minimize the detriment resulting therefrom if your boyfriend is very proactive from the beginning. To that end, I would highly suggest that your boyfriend contact and hire local York County counsel for that direction and to start as soon as possible.

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  • "I got cited at a supermarket for retail theft under $50 in PA. first time for anything. what can i do to keep my record clean?

    "I got cited at a supermarket for retail theft under $50 in PA. Police was called and they ran a check on me and gave me citation. I have a clean record. I don't want a record on file forever. What should I do?" How can they help me get an attorne...

    Thomas’s Answer

    Given the circumstances you find yourself in, in with no prior record, it is highly important that you do everything in your power, prior the disposition of this case, to work hard to keep your record clean. You only really get that chance once. Especially in a case like this where theft is at issue, that can be highly detrimental to your future. To that end, depending upon the exact circumstances of your case and the Magisterial District Judge your case is in front of, if negotiated and discussed with the Court and Officer properly, there are ways in York County to accomplish this. You will have to hire an attorney privately as the public defenders office does not take on summary matters. I would highly suggest contacting local York County counsel ASAP, as they will be best suited to pursue the outcome you desire and accomplish it.

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  • My grandson is being charged with possession of a small amount of marijuana that was in his wallet. Does the 4th amendment apply

    He was in a car with a friend who was pulled over because his license plate light wasn't working. The driver consented to a search of his car which turned up nothing. The officer then took my grandsons wallet out of his pocket and searched him.

    Thomas’s Answer

    Whether the 4th Amendment is applicable depends directly upon the detailed facts. That said, depending upon if your grandson has any prior record there is sometimes very good ways to fix, without him getting a record, these types of charges. I would highly suggest he consult local York County counsel to explore his options thoroughly.

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  • What should I expect at my prelim

    I'm 19 and am a first time offender ,long story short me and my sister got into a short fight ware itescalated. I threatened to pop her car tires if she wouldn't answer a question then my mom steped In and me told me to leave and cool off. My wife...

    Thomas’s Answer

    You should hire local York County counsel. While your sisters opinion is relevant and important, it is not the deciding factor in whether or not charges are brought against you she is not charging authority, the police and District Attorney's Office are. A local York County attorney will best know how to navigate this for you. Furthermore, there likely some proactive things you can do now to better set up your case for later in the eyes of the District Attorney's Office.

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  • While incarcerated, can you get credit for license suspension for a mandatory suspension related to PWID?

    Title 75 Section 1541 (a)(1) mentions no credit for certain violations; however, it doesn't include the mandatory 6-month sentence for PWID/manufacturing (marijuana). So could one receive credit while incarcerated for that? When the judge was as...

    Thomas’s Answer

    • Selected as best answer

    No, you cannot get credit for a license suspension while incarcerated. Regarding the potential clerk error, you may be eligible for an occupational limited license as a remedy, depending upon when the error occurred and if the notification was sent to PennDOT within the prescribed period of time. A defense attorney would be best suited to address this issue for you.

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  • Can I get a suspended sentence?

    I caught a 2nd underage drinking charge. I didn't face jail time the first time, but I imagine the judge isn't gonna be happy to see me again. Is there any way I could get my lawyer to work out a suspended sentence for me, or some other way to avo...

    Thomas’s Answer

    There are definitely ways to avoid jail time for an underage drinking offense. I would highly suggest hiring local counsel as they are going to be astutely aware of the mitigating pieces to this puzzle that need to be put in place from the very beginning. Given that this is your second offense, local counsel will likely have you enroll in specific programs in order to take a proactive approach. Time is of the essence, I would reach out to York County counsel immediately.

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