At Kenny, Burns & McGill, we pride ourselves on our capacity for aggressive criminal defense. Our passionate and knowledgeable attorneys are not afraid to directly question law enforcement and in court.
We recently had a client come to us who had been arrested and was being held on $750,000 bail. This client had serious charges against him: he had been accused of shooting a fellow citizen while being prohibited from possessing a firearm due to his status as a convicted felon. Our client was hit with many charges, including aggravated assault, simple assault, gun charges, and even drug charges.
This client was initially assigned a free public defender who secured a “deal” for him, proposing to waive his right to a preliminary hearing in exchange for dropping the assault charges against him. Luckily, this client chose to get a second opinion from the team at Kenny, Burns & McGill.
Criminal Defense Attorney Thomas Kenny recommended not giving up the chance to cross-examine the prosecution’s witnesses. The client, having faith in this aggressive approach, declined the deal, opting to go ahead with the preliminary hearing.
At the hearing, after the District Attorney questioned the arresting officer, Attorney Kenny was confident that he could cross-examine this witness in a way that would benefit his client. His key to success was simple—ask direct questions to expose the weaknesses in the case against the defendant.
The prosecution’s case hinged on a video of a man brandishing a gun on the streets of Kensington, and some shell casings found at the scene. The alleged shooter had striking purple sneakers and a car with Georgia plates, both distinctive in Philadelphia. The police had followed the car to an apartment and recovered drugs, identification, and clothes matching the alleged shooter.
Criminal Defense Lawyer Kenny began by questioning the officer about the identity of the person in the video, which revealed that law enforcement could not positively identify the individual. Attorney Kenny then strategically brought up the issue of traffic warrants, which caught the officer off guard; he didn’t know if the defendant had any warrants, and he didn’t know if anyone had even checked for warrants against our client.
The officer’s testimony regarding the shell casings, a crucial piece of evidence, unraveled under Attorney Kenny’s scrutiny. The officer admitted that Kensington is a high-crime area, and that law enforcement could not confirm whether the casings were from this specific incident. With no identifiable witness, medical records, or testimony from a shooting victim, the assault charges began to crumble.
In a bold move, Criminal Defense Attorney Kenny directed the court’s attention to the video once more, asking if there were any muzzle flashes indicating a fired gun. The officer conceded that no flashes could be seen; this may imply that the gun was never actually discharged, adding another layer of doubt to the prosecution’s case.
This vigorous defense had a great outcome; the judge agreed with Attorney Kenny and dismissed every assault charge. This case had seemed so stacked against our client that he was initially urged to waive some of his rights in the hope of getting leniency, but the power of an aggressive defense attorney was able to upend everything and twist the case into chaos for the prosecution.
Why We Listen to Our Clients
At Kenny, Burns & McGill, we’ve learned a crucial lesson over our many years of practice: always listen to your clients. It might sound obvious, but many attorneys think that they know more than their clients and that the client should just do whatever they say.
Recently, we handled a DUI case that perfectly illustrates why listening to your client is so important. Our client insisted from day one that his case was in the wrong county. Specifically, he was pulled over and arrested in one county but processed and charged in another.
In Pennsylvania, law enforcement officers generally only have jurisdiction within their own county. An arrest made outside an officer’s jurisdiction can potentially be deemed illegal, leading to evidence suppression or even case dismissal. This is a fundamental aspect of criminal procedure that protects citizens from overreach and ensures proper authority in law enforcement. Even state and federal law enforcement agencies with broader jurisdiction must be careful to file the charges correctly and in the proper court.
Now, it would have been easy to brush off our client’s claim as confusion or an attempt to duck responsibility. But that’s not how we operate at Kenny, Burns & McGill.
We took our client’s assertion seriously and thoroughly investigated. Internally, we analyzed dashcam video footage of the traffic stop, compared the footage with satellite imagery and GPS data, and overlaid those results on a map of the county borders. Armed with our preliminary results, we hired an expert to prepare a formal report that would be accepted by the court. Lo and behold, the expert’s conclusion aligned perfectly with our client’s account and our own in-house investigation: the arrest had indeed occurred in a different county from where the charges were brought.
Following the rules of evidence, we provided the expert report to the Commonwealth. Their own expert reviewed it and agreed with our findings. The result? The Commonwealth is withdrawing their entire case against our client.
This outcome is huge. Our client was facing a mandatory jail sentence and other serious consequences, should he have been convicted. By listening to him, understanding the legal implications, and following through with a thorough investigation, our team was able to have the case withdrawn.
The lesson here is clear: listen to your clients, investigate diligently, and prepare for battle every time. Good results come from careful preparation.
At Kenny, Burns & McGill, we’re not afraid to go the extra mile for our clients. We know that every detail matters in building a strong defense. This case is just one example of how our approach – combining attentive client service with aggressive advocacy and deep legal knowledge – leads to positive outcomes.
In the world of criminal defense, this case testifies to the importance of having a fearless attorney willing to challenge the narrative of law enforcement. When facing serious charges, an aggressive criminal defense attorney can be the key to obtaining justice. If you or a loved one are in need of criminal defense, call Kenny, Burns & McGill today: (215) 423-5500
