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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: I was charged for disorderly conduct when expressing my thoughts to police

I was defending my husband's innocence with my words. The charging officer was being dismissive and didn't want to hear me. I walked the other officer to his car so that he can better explain to me why my husband was getting arrested. The charging officer kept coming at me so I became... View More

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Nov 29, 2017

Were you convicted? If so, you can file an appeal and should talk to a lawyer about doing so. If you have not yet had a trial, then you should consider speaking with an attorney prior to your next court date. There are often defenses to disorderly conduct charges.

Q: Is forbidding tricks on a bicycle unconstitutional?

There is an ordinance in the city of oil city which forbids any trick to be performed on a bicycle. This in essence would prevent any city resident from competing fairly in bicycle competitions. It would prohibit equal opportunity to practice and hone skills necessary to be competitive within the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 30, 2017

If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

1 Answer | Asked in Real Estate Law and Civil Rights for Pennsylvania on
Q: I live in my fathers house for 2 years after my divorce.he recently passed away.did I have the right to stay there

I leave in my fathers house for 2 years since my divorce.my dad recently passed away.my sister who is in charge of the will asked me to move out of the house.do I have the right to stay there until it is sold

Mark Scoblionko
Mark Scoblionko
answered on Nov 27, 2017

Not without your sister's permission, and, even then, you would have to pay rent.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Pennsylvania on
Q: My fiance is 45 and was persuaded to take a guilty plea to statutory rape when he was 18 and the female was 15.

He was never required to register for Megan's Law and got 11 months probation 27 years ago.Is this something that can be used against me in a custody case with my 6 year old daughter who calls him dad?

Lisa Marie Vari
Lisa Marie Vari
answered on Dec 12, 2017

His criminal history will be considered in determining custody. When an action for custody is initiated each party must submit an affidavit of criminal record/abuse history stating the names, birth dates, and criminal history of the adults living in your household.

The court looks at 16...
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1 Answer | Asked in Civil Rights and Contracts for Pennsylvania on
Q: Is it a civil case when you paid a private dealer for a car vehicle but don’t receive the vehicle at all.
Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

Then it's either conversion, a fancy word for theft but sue them for the money. If they are doing something like this I'd be leery about taking the car. They broke the contract so you should get your money.

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Pennsylvania on
Q: School board president is using police to oppress points of view that differ. Restricting free speech.

They have use police to remove speakers for speaking out. I violated something for reading board minutes, a veteran was removed by police for pointing out hypocrisy. On one occasion I (the press) was removed by police, the police escorted me out, we discussed the situation and he allowed me to... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Speech may be limited by time, place and manner. It sounds like things were getting a little out of hand. How much is hard to say, however if you feel that there was no reason for the removal,contact the Pennsylvania Civil Liberties Union.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on
Q: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

Refusal to issue me a state ID card due to assumptions on the part of a call center supervisor.

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Not under the circumstances as you describe them.Were you able to get the ID?

1 Answer | Asked in Civil Rights and Consumer Law for Pennsylvania on
Q: Does a mall or store have the right to tell you not to take pictures? Can they set any rules they want?
Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

An owner of a business can let you on their property but set the conditions.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

I broke both my heels in early 17. i have to have a subtlar fusion on my left foot and will be in a cast. in order not to cause more damage to my right foot they want me to wear a boot witch isnt possible with the moniter on. What steps can i take so i can get my surgery done?

Zak Taylor Goldstein
Zak Taylor Goldstein
answered on Oct 17, 2017

Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on
Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

There controlling I cn t take it they steal my ssi an disability checks they threaten me with cops tell me cops will force me 2 come back

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

1 Answer | Asked in Civil Rights and Libel & Slander for Pennsylvania on
Q: Could my dad file a lawsuit on another person that falsely accused my dad of indecent exposure and was arrested?

My dad was falsely accused of indecent exposure at an Auto Tag place where he was there to pick up his car registration that he been waiting for 3 months now that was not his fault with him waiting that long for it to process at the Auto Tag place.The auto tag owner called the police and lied and... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017

He would have to show both FALSE allegations, and prove his FINANCIAL damages, and that may be very difficult.

He should at least contact an attorney in PA who handles defamation cases. Go to Super Lawyers site, and look up civil attorneys near his location, who handle slander claims.

1 Answer | Asked in Employment Law, Workers' Compensation and Civil Rights for Pennsylvania on
Q: I've recently found out that my former manager is sharing details of my workers compensation claim to other employees.

Telling them I haven't returned calls, saying I injured myself, ECT. Are they allowed to do this? Also, if my claim is denied and I feel this is why is there anything I can do?

Glenn Neiman
PREMIUM
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answered on Aug 12, 2017

While I can't tell you about your rights with regard to the sharing of information (my firm only handles PA workers' compensation cases), I can tell you about dealing with a denied claim - consult with an attorney, preferably certified in workers' compensation law. Once you give... View More

1 Answer | Asked in Divorce and Civil Rights for Pennsylvania on
Q: My father's deed was that he left the house to my mother and i and my 2 brothers, and until she would pass, it remains

in her name. this was obtained in 2005. she remarried in 2009. there has been a lot of trouble. he is mentally abusive, mentally unstable and a threat to us. can my mother legally have him taken out of this house whether they are divorced yet or not? especially when he poses threats and his... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 29, 2017

If your mother fears for her safety, she can file under the Protection from Abuse Act to have him removed. I suggest that she contact a local domestic violence group for assistance.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Pennsylvania on
Q: want to open my fed. case back up and sue the third circuit court of eastern Pa. . I been off of fed. supervised release

1 yr. and 3 mo. I filed motions while incarcerated on grounds of 2255 and 3553 and other rules that the courts shafted me . I want to sue the third dist court of Allentown , Pa. this has taken away extra years of my life, because of their mistake upon the rules and sentencing guidelines. I think... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

You can try the Pennsylvania Civil Liberties union but I will tell you that judicial immunity would protect any of the federal courts involved. I don't see that you have a case you can file for what you believe were rule violations as a result.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Pennsylvania on
Q: My ex got some furniture from Aarons under my name and ran off with it. I know I'm stuck paying and I have been paying

I never refused to pay however every here and there money from work is short and they just never satisfied. I'm due to 60 a week however I had to skip 2 weeks and today I made a $80 payment I know is not a lot but I'm not refusing my responsibilities. I was a sucka and now I have to pay... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Why are you paying? If spouse used your name but signed for it, that's something they must have known. Problem is if your payments are considered to be adoption by you of the debt. Suggest you contact the Attorney General office of Consumer Affairs in Harrisburg for starters. Send them a note... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: If the dhs worker knows my sister through a mutual friend and the dhs worker is handling her case isn't this a conflict
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 8, 2017

I'm not sure why this is an issue for you. You haven't provided any information which tells me why you care about this.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Juvenile Law for Pennsylvania on
Q: My 13 and 8 year old sons were in a vehicle that was pulled over. My 8 year old was patted down, and my 13 was serched

Without any parental consent.is this legal

Ryan L Hyde
Ryan L Hyde
answered on Jun 19, 2017

Probably. It doesnt have anything to do with parental consent. If the stop was legal the officer has a right to briefly search occupants to ensure his or her safety.

2 Answers | Asked in Civil Litigation, Civil Rights and Criminal Law for Pennsylvania on
Q: Can an officer investigate his own vehicle being struck by a door in a parking lot using police resources

I was contacted by this officer stating that I had struck "a vehicle" in my employee lot and it was on video, I could pay or be charged with hitandrun. he called back a week later and said the estimate is $150 just put it in an envelope with his name and to drop it at the police station.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 14, 2017

You can report the matter to your insurance company, or you can use an attorney to ask for proof, negotiate a resolution, and prepare a stipulation and release. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Pennsylvania on
Q: My sister took our 4 month old puppy to a rescue, she didn't sign anything surrendering her can we legally get her back

My sister took our 4 month old puppy to a rescue. We thought we were doing the right thing because the puppy got aggressive with our mother and other puppy. We checked the rescue site and they made false information about how "she was kept in a cage, wasn't paid attention to, etc."... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

You can try. But the law is murky--she gave him and didn't ask for anything. You can also get a lawyer to tell the person to take down the listing.

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Why does the "right to travel" state horse carriage or automobile if some lawyers say there is no right to drive?

A lawyer on here said we don't have the right to drive under the "right to travel" constitutional right but if you read it the law says by horse, wagon, or automobile... Is the right to travel in an automobile not driving?

CASE #2: "The right of the citizen to travel... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

You have the right to "liberty" but the right to drive upon the roadways is limited by licensing laws. The original post, I believe, dealt with someone who felt that a licensing law blocked his right to travel. There is no specific right to travel--for instance you cannot trespass to... View More

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