Skip to main content
Thomas Lincoln Kearney IV
Avvo
Pro

Thomas Kearney’s Answers

148 total


  • Is it required to have a Gagnon I hearing or Gagnon II hearing before an actual probation violation hearing?

    I'm just learning about Gagnon hearings. In my case, I was on 1 year of non-reporting probation, to pay costs and fines. A few weeks before the end of my probation, I received a violation hearing paper, telling me to show up for court. I hadn't...

    Thomas’s Answer

    This all sounds like it occurred legitimately, however I am suprised by the outcome as it seems, in York County, this would have been very fixable on the front end through an attorney having the right conversations with the DAs and probation, as well as giving you the proper direction. In the future seek out local York County counsel in the beginning and get it done right, so you get the best disposition on the back end. Incarceration and even house arrest seems that it would have been very avoidable, but unfortunately it appears now that ship has sailed.

    See question 
  • DUI - mandatory minimum jail time? DUI court?

    I was charged with a DUI. I do know my BAC level but believe it will be second or third tier. I am seeing 72 hours or 30 days in jail depending upon my blood draw. Are those mandatory minimum sentences? Will I defiantly have jail time or is th...

    Thomas’s Answer

    There are a number of things that play into the answer here. First of all, the constitutionality of the blood draw may be illegal due to a new US Supreme Court case and therefore an attorney, if argued correctly, may be able to get this down to a tier 1, which for a 1st offense has no mandatory jail time and no license suspension. Counties across PA are dealing with this differently so definitely seek York County DUI counsel. Second, you may have the opportunity, if constructed and set up correctly, to avoid conviction all together and hence any potentially applicable mandatory jail sentences. Based upon you post it appears there is likely a viable fix to your scenario - one that avoids jail, minimizes and potentially avoids a license suspension, and, if certain proactive steps are taken, avoids a conviction all together. Seek a York County DUI attorney ASAP. It is vitally important in matters such as this to be proactive in doing a number of things early to
    set the case up for the right ultimate disposition.

    See question 
  • First time theft charge charged with a felony

    I am a single mom and i made a huge mistake and i stole 1,500 worth of stuff i didnt realize it was that much stuff all the things were returned but i am still being charged with a felony. I cant afford a lawyer and im scared not only for myself ...

    Thomas’s Answer

    You really should consider hiring counsel to represent you. This is potentially fixable, however this is also very serious, so you need to make sure the case is set up correctly from the beginning. More specifically you need a local attorney who can properly direct you to take the correct proactive steps in order to ensure the DAs office is agreeable to mitigate the outcome, and hopefully permit you a path toward full dismissal and expungement. Given that this has become harder to achieve in York County, as certain programs have been revamped at the beginning of this year, this needs to be done right, and early. Truly consider how important this is to you, and your future, and thereby if it is worth the money spent.

    See question 
  • What is my best course of action? Consulting a lawyer FIRST, find out the details and THEN move forward?

    I am following up with my initial question about my possession misdemeanor. The officer that pulled me over knows my demeanor and that I am a nice, hard-working, honest kid. Now that I have waived my preliminary hearing, time for court will be in ...

    Thomas’s Answer

    Based upon your post, I believe your case is one that could definitely lead to a very fixable and minimized situation. One that very well could protect your record as well as protect against punishment. I would definitely suggest being proactive, as there is some steps you can take now, especially in York County, in order to make these dispositions much more likely. This is where an attorney comes in, to properly advise you and make sure all of the necessary steps that you will be taking are properly presented to the District Attorney's Office in order to achieve one of these positive dispositions. Contact a local York County attorney as soon as possible in order to get started.

    See question 
  • Can you get a dui if you are not in your car.

    Can you get a dui if you are drunk inside the store and not in your car?Keys are in car but not in ignition. There is store video footage showing this person driving up to the store. Cops came in store and arrested him.Is a Dui possible if you a...

    Thomas’s Answer

    Yes, in this scenario a DUI charge is in the cards. If they can prove the driver was driving using the video and or other evidence and there was no subsequent drinking, as long as the blood was drawn within 2 hours after driving for alcohol related DUIs, this individual should attack this by being proactive in an attempt to mitigate the eventual outcome. The overall scenario may be fixable with the right preemptive approach early from the outset. I would highly suggest hiring local York County counsel to assist in this endeavor as soon as possible so this person can get started on some of these proactive things soon. Don't delay.

    See question 
  • Can i still get a ard even if its a felony charge

    i thought i was being charged with a misdemeanor but instead they say its a felony. I know the stuff i too wasnt worth 1,500 and some of it was returned. I dont have a record and am scared of going to jail this is my first time being arrested can ...

    Thomas’s Answer

    Yes it is still possible, however it will be more challenging. I would definitely suggest hiring a local York County criminal defense attorney to make sure you are doing everything you can proactively in order to build the best case to get you onto. There are definitely some steps you can be taking now to significantly increase your chances. This is very possible it just needs to be done correctly, especially because ARD in York county was recently revamped and the stars aligning to get accepted is much more stringent and regimented now.

    See question 
  • York, PA DUI/Criminal Attorney that's reasonably priced

    First DUI (York, PA), he's currently in SCI Camp Hill, he has to serve 6 months for leaving the half way house on state parole which is when he got the DUI. He's pleading guilty to the DUI, pretty cut and dry. Looked into the rules 72 hours jail ...

    Thomas’s Answer

    You definitely want to go with someone in York County and get this moving properly through the system. Do your research and pick someone out of York.

    See question 
  • What will happen if so?

    I am on supervised bail for drug & alcohol testing once a month. Im on a 3,000 unsecured bond. I go see my po tomorrow & im scared that i might test positive on a drug screen.

    Thomas’s Answer

    If your urine is dirty there is a very good chance in York County that they would seek to violate your supervised bail and in turn incarcerate you at least until your case is resolved. You need to have an attorney at the ready to combat their petition to violate you and revoke your bail by utilizing some proactive steps that you can do now in order to argue why locking you up is counterproductive and giving the Court a better option. Get private and local York County Counsel ASAP.

    See question 
  • Do all first DUI offenders have to do 6 months of probation? I'm on the fence to hire an attorney, what will really change?

    First DUI- Do all first time DUI offenders have to do 6 months of probation? Of course money is always part of what decision that you make. Trying to see if it's worth hiring an attorney vs going with a public defender. The cop stated that the...

    Thomas’s Answer

    I would definitely suggest hiring local York County counsel. The main reason is that you want to avoid a conviction and thereby avoid a criminal record, minimize you license suspension and ensure your case is handled correctly (meaning you don't miss deadlines or get stuck in some minor procedural pitfall, by doing something improperly which would preclude you from a very positive disposition). Specifically, applying for, and potentially getting into the ARD Program, could be in the cards for you and this would be a major fix as it can avoid you ever getting a criminal record and the negative impacts on your future that come with that. It can also greatly reduce your driver's license suspension. ARD in York County has become significantly more stringent as of the beginning of this year, as it was revamped by the District Attorney's Office. Therefore, it is imperative, especially in DUI matters, to be very proactive and get started on a number of necessary things very early, in order to ensure getting the benefits you want later in your case. Having private counsel making sure you are moving in the right direction early and doing what you need to do early as well as tracking it and keeping the District Attorney's Office informed on progress will pay major dividends and result in the most positive of outcomes for you.

    See question 
  • How can I get a no contact or protection from abuse order?

    My neighbor that lives across the street will come out of his house and come over to the sidewalk in front of my house and make insulting comments when I take my dogs out or attempt to do yard work. He tries to get me to fight, harasses my family...

    Thomas’s Answer

    I would start with hiring an attorney to send a cease and desist letter, which can be copied to the local police and magistrate. That places him on legal notice. It gives the police a more concrete reason to charge in the future based on documented notice and defiance of that notice. You won't be able to get a PFA, because this individual is not a prior or current intimate partner or household member.

    See question