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Thomas Lincoln Kearney
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Thomas Kearney’s Answers

106 total


  • I attended a party off campus in York. The party received a permit from the city. Can i fight the ticket?

    I was under the impression that the permit they received covered alcohol. Also, the police were notified before hand that the party was going on. I am 23 years old. The cops busted the party that day of it and now I am being charged with a citatio...

    Thomas’s Answer

    You may have a case. That said, depending upon your prior record (if any) and the full breadth of the facts, there may also be ways to fix this scenario in a cleaner more efficient and sure way. To that end, I would highly suggest you hire local defense counsel to represent you as they will be knowledgeable regarding the procedures and processes to undertake with Magisterial District Judge Haskell's Office where your ticket is specifically out of. Before responding in any fashion hire counsel, as Counsel will likely have a preference as to how to go about doing this.

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  • I got my summons for a MIP. I'm from out of state and can pay the fine. If I plead guilty will this be on my record?

    Got a Citation for $454 for a minor in possession and I know there are ways of not having it on your record. But for me, anything in state will be very hard to take care of and is there anyway I can have my mistake not cost me so much.

    Thomas’s Answer

    Dependent upon the Magisterial District Court in which this is filed and whether you have any prior offenses of the like, there may be a way to fix this without you having a record for underage possession of alcohol. I would highly suggest hiring local York County Council as they will be very familiar with the different options available and fixes to pursue depending upon the situation. This can have a significant negative impact upon you even if you're out-of-state, so I would take it seriously from the very beginning.

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  • How should I handle this retail theft charge? I was at a grocery store, purchased some items. As I got to my car I remembered a

    few things I forgot. I went back into the store, got the stuff & then I went to look at an item near the door. I had my 2 kids with me who were not behaving, I was in a huge hurry & havebeen having a very stressful time lately. It sounds crazy, bu...

    Thomas’s Answer

    Dependent upon the scenario, as it relates to what appears on your criminal record, this will either either be charged as a summary or a misdemenaor (if the prior RT appears on your record check). Once that is sorted out (which takes a little bit as the MDJ does the record check after you are fingerprinted), this will then reveal one of two paths your will need counsel to take this case to move this toward a "fix". That "fix" is also dependent upon the MDJ your case is in front of. You will need counsel to direct this for you and address the contacts with police and if necessary, the district attorney's office, which need to occur early in order to set it up correctly. Contact local counsel to begin this process. The sooner you have counsel directing this the better, as proactively addressing this type of situation is very pertinent to how it ultimately turns out.

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  • I was stopped for MIP, what should I do and/or what happens next. Will I get info in the mail? Should I call my lawyer father?

    I am a 20 year old male who was stopped by the police with a solo cup in hand. The police asked what was in my cup, smelled it, and dumped the contents in the grass. He asked for ID but since I didn't have any, he asked for my info. I started to l...

    Thomas’s Answer

    It's highly likely based upon what you've indicated that one of two scenarios will present themselves. First, you won't be charged with anything and the situation will come and go with no further issue. Second, you will either receive a citation or charges in the mail depending on the nature of any criminal act they believe you've committed. I would highly suggest in the event that would occur contacting local York County counsel promptly to represent you. There is a very high probability that if dealt with immediately, correctly and efficiently that there is a way to fix the situation, however it presents itself.

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  • Can I try to dismiss a drug paraph case that i was subpoenaed for?

    I was subpoenaed for a drug paraph case against my boyfriend. I am the one who called the police on him. That night was a bad night and I don't even think the drug paraph was his.

    Thomas’s Answer

    You need to be careful here because you do not want to fall into the trap of potentially having supplied a false report to law-enforcement. That said, it's also vitally important to always tell the truth, especially when under oath, as otherwise is to break the law. All that said, I believe it to be extremely important for your boyfriend to get a experienced and a local York County criminal defense attorney as there are other avenues to "fix "the situation he's facing.

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  • If your on probation reported for every appointment and have not gotten a violtion except for being unable to pay court cost can

    no issues while on probation except unable to pay court cost because of fincines and not having reiable transportation to even do community service and left probation officer aware of situation

    Thomas’s Answer

    If your question is can you be violated for failure to pay court costs and failure to do community service, the answer is yes. It's also fairly likely that you will be violated for this. If you obtain local counsel whom deals with the York County probation department regularly in order to head this off in the event you are violated, and to assist in guiding you how to mitigate the different re-sentencing penalties that can occur, you will most definitely have a better result. I would suggest seeking counsel promptly.

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  • My boyfriend and I was in a fight and he called the cops. He initial choked me and I grabbed a knife for protection.

    He then grabbed the knife which resulted in him getting cut. We both are looking at simply assault charges. Is there a possibility for the charges to be dropped? neither of us want to get into trouble. Also are there criminal chargers?

    Thomas’s Answer

    In situations such as this it is imperative that both you and he have good local criminal defense counsel. The fact that you were both charged in this incident, as well as are both what appears to be victims in the incident, creates witness issues for the prosecution and fifth amendment issues for both of you.. Depending upon the circumstances and your prior records there may be a way to reach a fix to the situation. In order to pursue such a result, it is imperative both if you have a good local York County criminal defense counsel.

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  • I have a bad check and theft by decption charge for $338, there is an arrest warrant for me. Can I avoid the charges if I pay

    I don't think I ever received any information on a check November 2013 for $338. I learned today from attorney advertisement that I have a warrant for me. I would like to make restitution and pay fees and avoid the arrest. Can I do this? I wor...

    Thomas’s Answer

    Due to the fact that you've already been charged you have to answer to the warrant by surrendering on it at Court. I would highly advise hiring local counsel to assist you in this process. That said, there is a rule in the rules of criminal procedure which allows charges of this type to be dismissed upon full payment of the court costs and satisfaction of the restitution. In order to effect that procedure either early in the case, or potentially later, it is imperative a conversation is held with the District Attorney's Office from the beginning in order to set this up properly and get it executed. Like all things, this is not an absolute guarantee however depending on your situation and your background a very real possibility. There are also other potential options to "fix" this situation for you. Local York County criminal defense counsel is in the best position to represent you in this matter. Given the status, do not delay.

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  • If I have a drug felony charge pending and I am supposed to go to sign up for probation tomorrow will I get drug tested

    I was charged with criminal intent to purchase 5 lbs of weed. I met with the judge for my arraignment and am required to report to probation within 48 hrs of then. Will I be tested when I go to sign up for probation?

    Thomas’s Answer

    You are on what's called supervised bail. In practice, this essentially means you are on probation prior to your case and finally being disposed of and with this comes the very real truth that the probation officer may drug test you if they feel it to be relevant, which many times they do. I would highly suggest hiring local York County counsel to represent you on your case given the serious nature of the charges and also to be a go-between regarding your supervised bail probation officer.

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  • "Do I need a lawyer"

    recently me and girlfriend got into argument she got mad and call the cops and I got charged for simple assault,harassment all my new chargers are misdeanor 1 and 2! I'll recently talked to my girlfriend and she willing to get that chargers dro...

    Thomas’s Answer

    You definitely need an attorney. It is highly likely you'll be detained on the new charges as a violation. Your girlfriend does not control whether the charges are dropped, her opinion matters, but it is not the final say. The police and DAs office makes that call. Depending on the circumstances a local defense attorney may want to speak with the police and DAs office prior to your hearing to see if changes can be approved.

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