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Pennsylvania Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: How is a local ordinance violation different from non traffic summary in PA?

I was charged with public intoxication but plead noy guilty due to the circumstances and that my professional license would be affected. The magistrate offered a plea to a local ordinance violation that he said would stay local and not be accessible without search warrant. I received a citation... Read more »

Timothy Kraeer
Timothy Kraeer answered on Apr 21, 2022

The difference is that public drunkenness is a violation of the Pennsylvania crimes code, whereas a local ordinance is not. It is only a violation of the local ordinance, or administrative code. It is not a criminal offense, but there will still be a public record generated in connection with the... Read more »

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Does a boat trailer with no serial number need a license in Pennsylvania
Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

If it meets the definition of a trailer, yes.

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Battling Aetna for 5 months since they never notfied me in 60 days if my appeal was approved or denied.

Aetna admitted GUILT in three(3) letters but never refunded the money. Aetna violated Federal (Medicare) Laws and Pa. & NJ State Law.

Aetna is the same company that insured Slaves for slaveowners before the Civil War!!

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

If you are eligible for Public Assistance, you would be eligible for Legal Aid or Legal Services. They can best review your situation and your options.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Can you change a mail in plea from not guilty to guilty without going to the court hearing?

I got a ticket for parking on someone's property and when I received the ticket I meant to plead guilty and pay the fine but accidently selected not guilty and sent the check in. I wasn't aware of the mistake until I received the letter in the mail with the court date and time. Is there a... Read more »

Timothy Kraeer
Timothy Kraeer answered on Dec 22, 2020

You may be able to contact the court and ask them to change the plea. Some courts will allow you to send an email or a fax to their office asking that your plea be changed to guilty - they're going to want something from you in writing indicating that you wish to plead guilty.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Going from Judge Advocate General (JAG) to Federal Judge

If I join the military as a JAG, I am required to serve there for four years. In the long term, I want to be a federal judge. However, will spending four years as a JAG hurt my chances of becoming a federal judge given that I will be four years behind in regards to clerking for judges compared to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

Maybe the best person to pose your question to could be a former JAG. But your question remains open for four weeks. Given the high regard for the program because of its selection process, many would see it as a strong accomplishment. Some might see the fact that you would probably be working with... Read more »

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: I found a number on a 5 dollar bill which said to call this number for a good time and as a joke I acted like and fbi a

I know it was stupid and dumb but I was at my friends home and I was bored I meant no harm and I asked for nothing I called the number and said this is against Martinez of the FBI and your number was associated with prostitution please refrain from committing acts of prostitution. I did not ask for... Read more »

NiaLena Caravasos
NiaLena Caravasos answered on Aug 12, 2020

Actually, this is no joke. Impersonating a federal officer is a very serious crime. You really should consult with a federal criminal defense attorney as soon as possible.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: Can a judge give me more time for a probation revocation if I've already been sentenced and without new charges?

I just maxed a 3 to 6 year sentence a judge gave me. I was originally sentenced to 3 to 12 months in the county and 3 years probation. I had no new charges, yet the judge resentenced me and added more time on to my sentence making me have to do 6 years instead of 3. I had tech violations but it... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 15, 2020

From your location this is an Ohio question, which I am not qualified to answer. However, if this is a Pennsylvania question the answer is that if probation is revoked you can be resentenced to anything that was originally allowable. Its an important differentiation between probation and parole.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: My city has had a curfew in place for over 15 days and just extended it, I'm in Hazleton PA is this legal?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

Yes. It's the mayor's - city council's call to make, and such measures have been implemented in other cities across the nation. Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: Am I able to if I am compelled to report to Jury Duty during the Covid-19 epidemic and get infected?

Hello, I have Jury Duty on May 11th in the city of Philadelphia. PA extended their lock down till the 8th.

I am seriously frightened of getting the virus.

If I have to go and I get the virus, can I sue the city of Philadelphia for putting me in that position?

Cary B. Hall
Cary B. Hall answered on Apr 22, 2020

Probably. But wait and see: at least one other surrounding county has extended their judicial shutdown through the end of May, and Philadelphia may do the same in the coming weeks. I bet it will.

Best of luck to you, and wash your hands.

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1 Answer | Asked in Education Law and Gov & Administrative Law for Pennsylvania on
Q: How does a state of emergency affect schools in the state of Pennsylvania? Are schools deciding to go cyber legal?

My child is a senior this year, her school has sent out letters saying they wish to go cyber for the rest of the year March 30th. Our family is quarantined at the moment because we have family members who would not be able to survive the virus and the virus is close. Is it legal for my child’s... Read more »

Jennifer Price
Jennifer Price answered on Mar 23, 2020

Yes, the school is within its legal rights to disseminate education to its students through online learning. Requiring students to attend school, in person, could put more students at risk than necessary, so providing online education would not violate any laws.

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Constitutional Law for Pennsylvania on
Q: In regards to the previous question of minimum requirements of due process, at a local level

More specifically, a municipality. To be quite forward, under notice fairly given.

Any attempt to extract fees, or prosecute for said fees, under a non dangerous, non moving violation such as a parking ticket. The ticket would be considered a first step in legal procedure correct? And must... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 26, 2019

I think I get the gist of your question this time. The ticket is not evidence against you it is simply notice that you have committed a violation. On that ticket is information about what you need to do to challenge that violation. The ticket does not assign a value for a penalty it merely puts... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Are there minimum requirements of due process? If so, what are the minimum requirements for due process to be satisfied?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 26, 2019

Yes, there are minimum requirements of Due Process. What that means is almost entirely impossible to explain in this format. There are hundreds of articles written on this on the internet. If you have a specific context it would be much easier to address and give you a more productive answer.... Read more »

Q: Person B pressed charges on Person A. Person B formerly worked for DA office, is this conflict of interest?

Person A feels like they are being treated unfairly and is being retaliated against because person B is affiliated with the officials who are prosecuting Person A. Is this case supposed to be handled different than normally?

Cary B. Hall
Cary B. Hall answered on May 19, 2019

I can see your issue, but not sure how else the situation should be handled. How many victims of crimes are related to, say, cops? What should happen in those cases? The world isn't perfect.

Sometimes in very high profile criminal cases in which there's a conflict of interest...
Read more »

Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Bankruptcy, Tax Law, Collections and Gov & Administrative Law for Pennsylvania on
Q: PA-What's the Tax Penalty % for "Early W/Draw" of a Pension Plan? Also with "E W/D" can the IRS claim $ owed 4 yrs prior

My husband is currently disabled and we have had no income now for months. Until he can get any kind of help we have to pay to get our prior taxes done for his corporation (he no longer has - due to not being able to walk anymore); before we can do our personal taxes.

The only way to... Read more »

Timothy Denison
Timothy Denison answered on Jan 30, 2019

The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.

1 Answer | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: In PA, do I need any type of license to sell a hunting shotgun privately? What is the process? Can I sell it to a felon?
Cary B. Hall
Cary B. Hall answered on Sep 26, 2018

Try contacting your local Pennsylvania State Police barracks with your questions. They deal with and enforce most of the firearms laws in the Commonwealth. Better safe than sorry, right?

Best of luck to you.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number
Cary B. Hall
Cary B. Hall answered on Jun 18, 2018

I can only answer as to Pennsylvania law. Title 18, section 4913 ("Impersonating a notary public or a holder of a professional or occupational license") is probably what you're looking for.

If you're looking for a similar statute in Maryland, I suggest posting your...
Read more »

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: For New York state if I owe $1000 in arrears can they take all $6000?
Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

not clear who and what and why this is under pennsylvania law?

Please re ask but with some facts.

Q: i am a sex offender recently released from a Penna. prison. I am now serving 5 years special probation and am being

required to attend a counciling service that requires you sign a document saying you are not allowed to use the internet . I HAVE NEVER USED internet for improper purposes. There are various reasons i must have internet access. If i use the internet i will be dismissed from counciling and then be... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

It's not but the way around it is to get a modification of the order allowing you use of the internet however it will have to be limited, you will likely have to allow others access to your computer and any and all passwords you have so they can make sure you aren't useing this in an untoward way.

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