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Kevin Thomas Birley

Kevin Birley’s Answers

65 total


  • What is it when they say waiver trial.

    It's for my brother he is in jail.

    Kevin’s Answer

    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.

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  • How should I go about fighting an underage?

    I am 21 in 9 days, and while i was talking on the phone, a cop asked to talk to me. They cited me for underage drinking, however my BAC is not on the citation form, and they wrote on it I was drinking a specific type of alcohol when I never confes...

    Kevin’s Answer

    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.

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  • Can you be sentence. Twice in the same case

    I was's give four years probation then the judge to that back 2 years later in sentence me 1 to 5 years in doc sci forest

    Kevin’s Answer

    • Selected as best answer

    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.

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  • How can I transfer a CYS case that has court ordered services.?

    I need to know the best way to transfer a CYS case to a new state. Some of the services are court ordered. I have no problem following the orders wherever I live. Right now I choose to live with family for more physical support with my family. So ...

    Kevin’s Answer

    You should ask your caseworker or attorney about an "Interstate Compact". If the case is supervised by a court, relocating with the children is a really bad idea without the Court's approval. The new state can take over, but the process is slow and complicated.

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  • I am a witness who has to appear in court but afraid to....

    Is there another wayThat I can testify without being in the courtroom?

    Kevin’s Answer

    There are provisions in the rules for allowing juvenile victims to testify via closed circuit TV. I have to assume that doesn't apply in your case.

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  • My nephew was just sentenced to 3 1/2 to 7 years in the state of PA. How much time wil he do with good behavior?

    He was charged with 1 count of strong armed burgerly, 1 count burgery, simple assult, unlawful restraint, terroriatic threat and reckless endanger of another person. His record score is a 4.

    Kevin’s Answer

    Burglary of an occupied house is a "strike offense" or "crime of violence". On these charges, the Commonwealth's official policy has been to deny parole until 85% of the maximum has been served, about 72 months. In practice, it seems they've relaxed that a bit, to around 65% or 55 months in some cases. Either way, it is very unlikely he will be paroled at or before his minimum date.

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

    My husband was on parole and got sent back to prison for violations. He has since seen the parole board and is currently awaiting their decision. He has seen guys come in after him and already have thir decision and have been released. Is there...

    Kevin’s Answer

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

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  • Could these public intoxication/obstruction if justice charges stick?

    On the evening of Saturday, I approached a police officer making an arrest and politely asked, as an observer, what was happening. He instantly yelled at me, telling me to go away. I stepped back, told him I did not want to start a problem, but ex...

    Kevin’s Answer

    The video will be a helpful trial exhibit. If it is as good as it says, and it doesn't seem as if you are drunk or interfering, you could prevail at trial. Depends on the judge. That's why you need a good lawyer who can advise you on local judges.

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

    I reported a sexual act viewed on a web cam involving a 5 month old and his father and only provided the time date and the fathers cell phone number and 4 months later I was detained and all my computers and cell phone were taken. I live across th...

    Kevin’s Answer

    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 exception if the Social Worker believes that disclosure can prevent further or more serious abuse.
    You need a competent attorney experienced in federal and state matters to advise you on this.

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