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Kevin Feeney

Kevin Feeney’s Answers

199 total

  • Can Zoning Code officers walk into back yards to check licenses, tags and stickers on vehicles?

    There was no criminal citation. There was no probable cause. There was no exigent circumstance. The municipality is retaliating for a pending law suit and it also needs revenue. The zoning officers are entering private residential properties to ch...

    Kevin’s Answer

    This is tricky. If the purpose of the search is for law enforcement, then no, they cannot enter private property.

    If the purpose is for health and safety, looking for dangerous abandoned vehicles with sharp edges or places where children could be trapped, then it may be permitted. Regulatory searches are allowed (junkyards).
    You seem to be describing searches for information to file motor vehicle offenses and this would be illegal.

    The next tricky part is where are they going. On a driveway, that may be ok. Behind a building set back from the road, not legal. The question is where does the privacy interest start.

    Call a lawyer.

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  • Can a police officer arrest a person for a summary offense in Pennsylvania if the LEO does not witness the offense.

    I was arrested for disorderly conduct for allegedly yelling at someone. The police officer came to the scene (he was called there for the alleged offense so he obviously did not see any of what was alleged, there were no disorderly acts in his pre...

    Kevin’s Answer

    You might be looking for Pa Rule Criminal Procedure Rule 441. That Rule requires the police to release you from arrest if you are not a danger to yourself or others and it is reasonable that you will appear.

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  • How much time can I do for potion of a firearm. I have a conviction for a gun in 1999.. I charge with 6105

    I was a passenger of a car and was pull over and two guns were found , they never ask for driving lisens, and the car was not in my name our the driver

    Kevin’s Answer

    You may be a person not to possess a firearm because of a prior conviction. That is a felony of the second degree and carries up to 10 years in jail (18 Pa CSA 6105). Call a criminal defense lawyer immediately. You need one.

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  • Do speeding violation points in NY transfer to my state in PA?

    Also if anything on the violation is wrong can the ticket be thrown out? And I was also told to ask if the radar gun was calibrated? Is this true?

    Kevin’s Answer

    Penndot will not assign points to your license for out of state tickets (non CDL). See the Penndot fact sheet on the drivers license compact.

    For defense of a New York ticket consult a New York Lawyer. Lack of calibration and errors on the ticket might be defenses, but without knowing the error, it is impossible to say.

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  • Do I need to delete nude videos of an ex if she filmed it, but sent it to me?

    I have no intent to distribute the video and have not used it as blackmail.

    Kevin’s Answer

    You should delete it. Pennsylvania is about to have a revenge porn bill. Even though you have no intention to publish it, how many times does something end up on the internet. Ask the movie stars who were hacked. If you have the film and it ends up on the internet, you will be blamed or at least the #1 suspect.

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  • Can I charge my ex with harassment and stalking?

    My ex had attached a GPS locator device to my car and continues to drive past my house and work and has members of his family do the same. Is this grounds for charging him with stalking and harassment? And do I do that just at the police dept or d...

    Kevin’s Answer

    Yes, putting a GPS locator does sound like stalking and harassment. There are additional requirements that address the purpose of why the GPS was installed to obtain a conviction; was it done to harass, annoy or alarm you? Does your ex have a legitimate reason. More information is needed.

    So this may be a criminal act. You should call your local police.

    Do you think you are in danger? Call your local victim assistance group. In Berks County you could call Berks Woman in Crisis.

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  • Firearm without a license charge first offense, but has a misdemeanor drug charge pending how much time can you do?

    bf was in alleyway behind house call came into police saying gun was being flashed cops rolled up in full force stop him and asked him to lift shirt he lifted shirt quickly and put it down ran and told cops he had a gun on him not registered. Two ...

    Kevin’s Answer

    Carrying a firearm without a license can be a felony of the third degree which carries a maximum of 7 years. The sentence guidelines depend on whether the gun was loaded or unloaded. It can be a lower offense in certain circumstances. Depending on your boyfriend's prior record it would be more serious.

    I would suggest you talk to a lawyer about any defenses. There are some good illegal arrest cases based on anonymous "man with a gun" calls. I clearly do not have all the facts, but it is something you want to address with a lawyer. Suppressing the evidence means no jail time, so you want to look into it.

    Good luck

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  • My bf is on parole and got arrested two days ago for DUI:GEN IMP/INC DRIVING SAFELY 1ST OFF

    What can happen after this and for how long he could be in jail?

    Kevin’s Answer

    The DUI is not biggest problem. The parole hit will be the biggest reason for him to go to jail.

    For a first offense DUI the minimum sentence would be either no time in jail or up to 72 hours mandatory if your boyfriend refused a blood test and they can prove it. Without knowing your boyfriend's prior record I can tell you for sure. The maximum for a DUI would be 6 months.

    Without knowing your boyfriend's record, parole term, street time and max date I cannot even guess at the time he is facing for the PV.

    If he is on state parole you must speak to a lawyer who knows the state parole laws and the dui laws.

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  • ARD Violation Hearing

    I was placed on ard for 6 months about a year ago and i finished all my classes and only have about $200 on my fine left. but i was looking online and im scheduled for a ard violation hearing. im going to pay the rest off before the court date. wh...

    Kevin’s Answer

    Call your lawyer and find out what violation is alleged. You should have gotten written notice of the violation.

    If it only for payments then you should not be terminated from the program if you have paid. In my experience Judges are usually satisfied if the payments are made by the hearing.

    If the violation is for something else, then the probation office may not know you have done everything. You would want to get written proof of what you have done.

    If you go to the hearing, it would be best to have a lawyer. The Judge will ask what the violations are and expect a response from you or your lawyer.

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