Kevin Thomas Birley’s Answers

Kevin Thomas Birley

Philadelphia Federal Crime Lawyer.

Contributor Level 9
  1. My boyfriend may boyfriend was arrested for burglary when he was caught in the home when the resident came home from work

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    1 lawyer answer

    I've had clients get several years in jail for a few burglaries and I've had them get house arrest for multiple burglaries. What he will actually be offered in return for a plea or receive after losing at trial is impossible to predict without a lot more information. This is another good example of how important it is to restrain one's self from giving statements. The maximum sentence for burglary of a home in Pennsylvania is 10-20 years. If he was working with others, he could be charged...

    5 lawyers agreed with this answer

  2. I have a friend whose husband was on the run for three months.

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    2. Barry Franklin Poulson
    2 lawyer answers

    I'm concerned that you use the word "marshalls". That suggests the Feds are involved. If so, it's potentially a much bigger deal. In any case, hindering apprehension or obstructing justice will be difficult to prove if she or her husband don't help them. So, no statements until you hire an attorney!

    Selected as best answer

  3. Can you be sentence. Twice in the same case

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Leo Michael Mulvihill Jr.
    3. Kevin Thomas Birley
    3 lawyer answers

    The other gentlemen are correct. You should also be aware that if the judge finds that you are in violation, he can resentence you up to the statutory maximum originally permitted in your case.

    Selected as best answer

  4. What is it when they say waiver trial.

    Answered over 1 year ago.

    1. Kevin Thomas Birley
    2. Ellis B. Klein
    3. Robert C. Keller
    3 lawyer answers

    A waiver trial is when a judge decides guilt instead of a jury. In misdemeanor and felony cases, a defendant has an absolute right to a jury trial. A waiver trial can only happen if the prosecution and defendant waive their rights to a jury trial. The judge is still bound by the same burden of proof as a jury. There are many factors to consider when deciding between a judge and a jury as factfinder. It is among the most important decisions one might make when charged with a crime.

    3 lawyers agreed with this answer

  5. How should I go about fighting an underage?

    Answered over 1 year ago.

    1. Kevin Thomas Birley
    2. Ronald F. Saupe
    3. Robert Anthony Fitzpatrick
    4. Robert Pecco Baker
    4 lawyer answers

    You should consult a local attorney. There are diversion programs which vary by county but all generally require that you take a class, and may require license suspension or a short period of probation. The advantage to them is that they generally result in no criminal conviction, and an expungement of your record. There may also be ways to win your case. This is another reason why you should speak to an attorney.

    3 lawyers agreed with this answer

  6. Can a social worker in Vancouver WA identify an anonymous sex abuse call to police without a judge or court order?

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    2. Jason Kutulakis
    3. Carina Laguzzi
    3 lawyer answers

    The current state of the law, as well as the philosophy of many prosecutors is very aggressive with regard to child pornography. Without knowing more about the nature of the call or how you came to view the web cam images, I can't advise you about whether they will approach it as the report of a concerned citizen or as an anonymous confession. Even turning over a copy of any saved video file could be couched either way. With regard to the anonymous nature of the call, there is usually an...

    3 lawyers agreed with this answer

  7. Is there civil compromise in Pa

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    1 lawyer answer

    The decision to prosecute is made by the district attorney's office in your county. In their mind, you are a witness to a crime. A criminal case is captioned "The Commonwealth of Pennsylvania against The Defendant". It's not you against him, so you technically don't have any say in the matter. That being said, good prosecutors are generally respectful of the victim's wishes. While they may not do exactly what you want, they should take it into account when making offers to resolve cases....

    3 lawyers agreed with this answer

  8. Can a 21yr Guy Date a 16yr girl

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    2. Jason Kutulakis
    3. Barry Franklin Poulson
    3 lawyer answers

    My colleague is absolutely right. Unlawful contact is a particularly nasty charge, a third-degree felony with Megan's Law reporting consequences. You should also be aware that you are subjecting yourself to the laws of Massachusetts which may contain other prohibitions and sanctions.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is this charge a registerable sex offense in PA from CA

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    2. Harry Edward Hudson Jr
    2 lawyer answers

    The equivalent charge in Pennsylvania (statutory sexual assault) is not currently a crime requiring registration under PA's Megan's Law. However, that's not all you have to worry about. The Feds are requiring the states to enact legislation under SORNA, that requires registration of a much broader range of sex offenders. PA hasn't yet enacted enabling legislation, so I can't say what the future holds. My understanding of Delaware's statute is that it's pretty inclusive, and might require a...

    Selected as best answer

  10. Is there anything that will speed up the PA Parole Board's decision?

    Answered over 2 years ago.

    1. Kevin Thomas Birley
    1 lawyer answer

    An attorney can certainly call and inquire. Sometimes, all it takes is a polite reminder.

    2 lawyers agreed with this answer