50 pounds marijuana dismissed
May 24, 2021OUTCOME: 50 pounds marijuana dismissed
https://kennyburnsmcgill.com/criminal-defense/50-pounds-marijuana-dismissed/
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Thomas Kenny's Legal Cases (18)
Philadelphia, PA
Criminal defense Lawyer at Philadelphia, PA
Practice Areas: Criminal Defense, Personal Injury ... +2 more
Nebbia lifted clients go home
Jan 28, 2021OUTCOME: Nebbia lifted clients go home
Clients were arrested for drug dealing charges and the Commonwealth placed a Nebbia petition on them. A Nebbia makes the Surety (the person who posts bond) to show clean money to make bail. 2021 Super ... Lawyer Thomas D. Kenny and his law partner Eileen T. Burns went to work and located members of the clients' family who could post bail. After filing appropriate motions, the Nebbia was lifted and the clients went home
Workers' Compensation Win
Oct 15, 2020OUTCOME: Win for Defendant
https://kennyburnsmcgill.com/civil-litigation/workers-compensation-win-win-for-defendant/
Juvenile Detention Terminated for Philadelphia Client
Jun 23, 2020OUTCOME: Juvenile client released pending the outcome of his case.
When a young person is suspected of committing a crime, they may be arrested and incarcerated at a juvenile detention facility while their case moves forward in court. Of course, being detained can ... be enormously stressful for teenagers and their families. at Kenny, Burns & McGill, it is always our goal to keep children with their parents while any allegations of illegal activity are investigated. Regardless of the outcome of any pending charges, families should be allowed to support their loved ones throughout the entire process. Attorney Thomas Kenny recently filed (and won) a motion to release a young client from juvenile detention in Philadelphia. Our young client was charged with several serious crimes, but continues to enjoy the presumption of innocence until proven guilty beyond a reasonable doubt, as is their right under the United States Constitution and the Constitution of the Commonwealth of Pennsylvania. Before our firm was hired, the young person was arrested and subsequently incarcerated at the the Philadelphia Juvenile Justice Services Center (PJJSC). Since Philadelphia courts have been running behind schedule due to the coronavirus pandemic and several weeks of protests in Center City, our client has been unable to appear before a judge in a timely manner. Attorney Kenny, an experienced criminal defense attorney and former Philadelphia prosecutor, refused to wait (and wait and wait) for a court date to be scheduled. Instead, he reached out to the Office of the District Attorney to work out a mutually agreeable plan to immediately release our young client for the duration of the case. After securing the approval of the prosecutor, Attorney Kenny filed an Emergency Motion for Release and a judge granted the motion shortly thereafter, without anyone even needing to appear for a hearing. Needless to say, our client and their family were overjoyed. It can be frightening to have a child locked up in juvenile detention, especially during the coronavirus pandemic. At Kenny, Burns & McGill, we fight for justice every day and do not slow down for anyone.
PFA Dismissed in Delaware County
Jun 18, 2020OUTCOME: PFA dismissed for client in Delaware County.
Another client of Kenny, Burns & McGill had a heavy burden lifted today, as the temporary Protection From Abuse Order (PFA) previously entered against the client was dismissed by a judge in Delaware Co ... unty, Pennsylvania. Attorney Eileen Burns, an experienced criminal defense and civil litigation attorney, appeared in person at the Delaware County Courthouse in Media, Pennsylvania to advocate for our client, a young professional with no history of criminal activity. Our client’s ex-girlfriend, the Plaintiff, filed a PFA against our client in December 2019 as a way to get back at him for breaking up with her. She alleged that our client broke her phone, hit her in the face with the broken phone, punched her, and broke her finger. We knew that our client did not do what the Plaintiff alleged in her PFA. Our client is a respected, gentle man with a young daughter. Our firm even hired a private investigator to conduct interviews with the neighbors surrounding the location of the alleged incident and not a single neighbor heard, saw, or suspected that anything untoward had ever taken place between the two. The Plaintiff simply took our client’s break-up as an excuse to file a false PFA and tried to use the courts to punish him as a result. Thankfully, Attorney Burns was able to point out that our client had entirely abided by the temporary PFA order currently in effect, without any issue, and noted that it would be ridiculous for the court to continue punishing our client over something which simply never happened. The judge agreed with Attorney Burns and denied the Plaintiff’s request to further punish our client.
Illegally Detained Client Released from Jail
May 20, 2020OUTCOME: Client released from Philadelphia jail after Attorney Kenny files an emergency motion.
Every law firm likes to celebrate big victories, whether it’s obtaining a large settlement or preventing someone from receiving a sentence which far outweighs the crime. Today, we get to celebrate the ... most exciting type of victory: securing a client’s release from jail, where he has been illegally detained for weeks. This particular gentleman (we’ll call him Mr. Castillo) heard about our firm from another inmate at Curran-Fromhold Correctional Facility (CFCF) in Philadelphia, the jail where he was being held. He heard that our firm wakes up every morning ready to fight for our clients and their families – regardless of who’s on the other side. Mr. Castillo explained to us that he had recently left Texas to come live with his mother, a full-time nurse, in Philadelphia. He was worried about her health and ability to take care of her household throughout the coronavirus pandemic. When Mr. Castillo landed in Philadelphia in late December 2019, he was promptly arrested by Philadelphia police and charged with Arrest Prior To Requisition (42 § 9134 ), meaning that the Philadelphia police believed there was a warrant for Mr. Castillo’s arrest in Texas and they would hold him in jail until Texas came to pick him up. By law under 42 Pa. C.S.A. § 9136, Mr. Castillo could only be lawfully detained on this charge up to 30 days, with an extension of 60 additional days by judicial order, for a total of 90 days total, absent a Governor’s Warrant from the State of Texas or a member of Texas law enforcement coming up to Philadelphia to transport Mr. Castillo back to Texas. By the time our office was hired, Mr. Castillo had already been held for four months, or approximately 120 days. This means he had been illegally detained for 30 days beyond the legal limit! The experienced defense attorneys at Kenny, Burns & McGill sprung into action and filed an Emergency Motion for Release, which included, among many others, the following averments: ... Continue reading: https://kennyburnsmcgill.com/criminal-defense/illegally-detained-client-is-released-from-jail/
Murder Charges Downgraded; No Life Sentence
Jan 03, 2020OUTCOME: Murder charges downgraded and life sentence avoided.
At Kenny, Burns & McGill, we are proud to stand up for our clients’ constitutional rights, even if they have been accused of terrible crimes, including murder. Every defendant has a family who cares ... about them. Every defendant is a person who, even if they have made an awful mistake, deserves punishment that fits the crime and ultimately provides for their rehabilitation and future reentry into society. One of our clients was facing life in prison following charges which stemmed from an alleged quadruple murder in West Philadelphia. Attorney Thomas Kenny, a seasoned criminal defense attorney who formerly prosecuted similar cases during his tenure as an Assistant District Attorney for the City of Philadelphia, conducted an in-depth private investigation into the circumstances and evidence surrounding the alleged murders. Our client, a young man who had never been in trouble with the law, chose to own up to his actions and admit his role in the alleged incident. He took responsibility for what transpired. And while he did not physically take anyone’s life, he recognized that his part in the alleged robbery and murder was still important and he wanted to find a way to move past this tragedy. For his role in the alleged incident, our client was originally charged with the following, along with several lesser offenses: 4 counts of Murder in the First Degree (each carrying a mandatory life sentence) 4 counts of Conspiracy to Commit Murder 4 counts of Robbery Attorney Kenny successfully argued for the charges to be changed to better fit the situation and to better provide for our client’s protection against disproportionate punishment (like spending life in prison) for his role in the alleged murders. Following Mr. Kenny’s arguments, the charges were dropped down to the following offenses, to which our client pleaded guilty: 4 counts of Murder in the Third Degree 1 count of Conspiracy to Commit Robbery 2 counts of Robbery “He did not shoot anyone. He is not testifying against anyone, but he is here as a person who is very remorseful, and he wanted to take responsibility,” Attorney Kenny said in a statement to the press. Notably, our client has not entered into any sort of deal with the District Attorney’s Office in exchange for pleading guilty. He has also not agreed to testify against any of the other alleged actors. He has come forward of his own volition and wants to do his part to remedy a terrible situation. “This was a very, very tragic situation, obviously for the families involved but also for [my client]. He has never been touched by something like this, and he is very upset by what happened that night, and he now wants to move on and start a new chapter.” Source: https://kywnewsradio.radio.com/articles/news/1-man-charged-in-murder-of-4-in-west-philly-pleads-guilty
Assault Victim Receives $200,000 Settlement
Dec 18, 2019OUTCOME: $200,000 settlement obtained for client.
The family of a young man has finally been provided with some closure after Kenny, Burns & McGill negotiated a large settlement in their claims on behalf of their son, an assault victim whose life was ... tragically taken in 2016. The 25 year-old, whose name is withheld for confidentiality, was killed outside a popular bar in Philadelphia after a bar fight spilled into the street. The bar’s bouncers had apparently let several aggressive parties into the establishment with loaded guns and continued to serve them alcohol after they had become visibly intoxicated. Once those patrons had become quite drunk and violent while inside the establishment, they were removed to the street. At that point, the drunken assailants began fighting with our client, who was ultimately shot and killed in the ensuing altercation, setting the stage for the family’s claims on behalf of their son, the assault victim. Obviously, the person who is easiest to sue in a situation like this is the person who actually pulled the trigger, ending our client’s life. However, the killer was ultimately sentenced to a lengthy jail sentence in connection with his actions and would likely never be able to pay a judgment entered against him. If it were feasible to enter a judgment against the killer, it would likely amount to well over one million dollars. While money will never bring back a loved one, it can help to ease the financial and emotional tolls such a tragic loss can take on a family. In our own investigation, our firm discovered that the bar had made two big errors on the night of the attack: 1) they allowed the soon-to-be killer to pay extra money to bypass security and enter the bar with a loaded gun and 2) they continued to serve alcohol to the assailant after he was already visibly intoxicated, in clear violation of Pennsylvania Dram Shop Act, 44 P.S. 4-493 et. seq. This made the bar liable in our client’s wrongful death. The bar did not pull the trigger of a gun, but it did far less than it was supposed to, under law, to prevent such a tragedy from occurring in the first place. The bar’s negligence was a direct and proximate cause in our client’s fatal injuries that night. Had the bar done as it was supposed to, it may have avoided a young person’s death as an assault victim. For that reason, the experienced personal injury attorneys Kenny, Burns & McGill were able to negotiate a two hundred thousand dollar ($200,000) settlement from the bar for their contributory negligence.
Slip and Fall Settles for Nearly $300,000
Nov 13, 2019OUTCOME: $290,000 settlement obtained for client.
Kenny, Burns & McGill has finalized a settlement of more than a quarter million dollars for a client whose slip and fall at a Philadelphia bar left him with serious injuries, including broken ribs, a c ... oncussion, and a punctured lung. Our client, who lived in an apartment above the bar, was a regular patron of the bar and would frequently drink there. In the summer of 2016, the bartender continued to serve our client alcohol long after he had become visibly intoxicated. This posed two problems for the defendants: first, the sale of alcoholic beverages to a visibly intoxicated person (our client) by a liquor license holder (the defendants) is a violation of the law under the Pennsylvania Liquor Code. This type of violation exposes the liquor license holders to dram shop litigation. Secondly, the defendants also owned the apartment upstairs, and so were also acting as the landlords of our client. As such, they had a duty to ensure that the residential portion of the building be safe for anyone who lived there. Unfortunately, the stairwell leading from the bar downstairs to our client’s apartment upstairs was in disrepair and very poorly lit, leading to our client’s ultimate slip and fall. Attorney Eileen Burns, of Kenny, Burns & McGill, filed a lawsuit against the defendants for not only continuing to serve our client after he had become drunk, but also failing to provide him with a way to safely get upstairs to his apartment. They knew or should have known that the stairwell was hazardous and they did not take actions to remedy it. As a result of his slip and fall, our client and his family will never fully recover from this incident. He will require careful medical attention for the rest of his life. Attorney Eileen Burns fought hard on our client’s behalf and was able to negotiate a settlement of $290,000. Our client and his family are very happy with the result and Kenny, Burns & McGill is proud to have played an integral role in achieving such a great success.
Gun Charges Dismissed in Philadelphia
May 08, 2018OUTCOME: Charges dismissed.
Criminal attorney Thomas Kenny was able to successfully get gun charges dismissed in Philadelphia court. The transcript charged our client with violations of Title 18 Crimes Code: Section 903 Conspirac ... y; Section 6105 Violation of uniform firearm act Former convict not to possess; Section 6117 Violation of uniform firearm act Altering Firearms; Section 4911 Tampering with public records; Section 6111 Violation of uniform firearm act illegal transfer of firearm; Section 2706 Terroristic threats; and Section 4904 Unsworn falsification to authorities. ALL DISMISSED. It was a great day at the courthouse for Attorney Kenny and our client.