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Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I have a court order to return Property . the police never return the Property. they issue a warrant to take my property

i went to court file a motion to compel . when i do that the judge threating them to hold them comptent to return my property but they went get a warrant to get my my phone back. what can i do next to get my cellphone with the court order

James L. Arrasmith
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answered on Oct 29, 2024

You should first consult with a lawyer who can provide specific legal advice based on your situation. They can help you present all relevant documents, including the original court order and any motions you've filed, to strengthen your case.

Next, return to court and inform the judge...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania on
Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: I need to sue not only my local DA's office but also the CIA but would like to do so out of their jurisdiction, can i ?

Thanks to a whistleblower I have credible evidence against the Lackawanna County District Attorney's Office for running an illegal CIA sponsored torture psyop against me for the past 30 months. I have a 10 page affidavit full of non frivolous shocking evidence and I feel confident but every... View More

James L. Arrasmith
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answered on Oct 6, 2024

You can file a lawsuit outside of your local jurisdiction, but it depends on several factors. Generally, lawsuits should be filed where the defendants reside or where the events in question took place. Since the District Attorney’s Office and the CIA are based in specific locations, you would... View More

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What are the status of limitations of police violations against your 5th and 6th amendment rights?
James L. Arrasmith
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answered on Sep 7, 2024

When it comes to violations of your 5th and 6th Amendment rights, the statute of limitations can vary depending on the specific type of violation and the jurisdiction where it occurred. Generally, for civil rights violations, including violations of these amendments, there is a time limit within... View More

2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Me and my brother had a physical fight.My mother called the police because she was concerned but he didn’t press charges

I got disorderly conduct and I didn’t get charges pressed on me. My brother and I had a physical fight and my mother called the police because she was concerned. But at the end we both made up and didn’t press charges. I’m getting charged now with disorderly conduct- Fighting. Is there... View More

James L. Arrasmith
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answered on Aug 31, 2024

You and your brother should first try to explain the situation to the prosecutor or the court. Since you both made up and no one wants to press charges, it could help your case. You might want to show that this was a one-time incident and that there’s no ongoing conflict.

Additionally,...
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1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: legality of being questioned while under prescribed narcotics

If someone had just undergone surgery and was still having the effects of the anesthesia and administered fentanyl and morphine several times that day for the pain. is it legal for them to be questioned for a possible crime

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answered on Aug 31, 2024

When you're under the influence of prescribed narcotics, such as fentanyl and morphine, your mental state may be significantly impaired. If law enforcement questions you during this time, it can raise serious legal concerns about the voluntariness and validity of any statements you make. The... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Going to the store for my family and I is that traveling or driving
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

It's both. It shouldn't be legally important, unless you're dealing with some kind of contract or agreement that makes a distinction between the two. Good luck

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Who would be able to help with an inmate who has been denied parole multiple times for no reason?

The inmate has completed all courses and then some. Also they denied for 1 year and then 1 year and then last time it was for 2 years. The inmate hasn't had a write up of any sort for 4 years.

James L. Arrasmith
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answered on Aug 5, 2024

If an inmate has faced repeated parole denials despite meeting requirements, it's important to seek assistance from organizations that advocate for prisoner rights. These organizations can offer guidance on the parole process and may help identify any underlying issues that contributed to the... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Small Claims for Pennsylvania on
Q: I had grandmal seizure on bathroom floor 2 days ago at Atkinson mens shelter now wanna kick me out?

The ambulance said I was being resistant Iwas seizing

James L. Arrasmith
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answered on Aug 5, 2024

I'm sorry to hear about your experience. It sounds like you had a very challenging situation at the shelter. If you're facing eviction from the shelter due to a medical condition like a grand mal seizure, you might have legal protections under the Americans with Disabilities Act (ADA).... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Dealing w/ens legis entities & natural humans on paper (as in legal docs) how does one distinguish one from the other?

I'm trying to learn how to read legal contacts. If a contract involves fictitious or ens legis entities and/or natural persons i.e. real human beings, and as a corporation can have a name that could be confused with a "real person," how do you tell in the contract language which is which?

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answered on Aug 5, 2024

To distinguish between fictitious or ens legis entities and natural persons in a legal document, start by carefully examining the names used in the contract. Corporations and other legal entities often include designations such as "Inc.," "Corp.," "LLC," or... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: When can I get my firearm back from the state police.

There was an incident where someone, not the owner, pointed a firearm with an empty clip at someone. The state police were called and showed up but did not take the firearm. The following day the mother of the owner took the firearm, refused to give it back, and without consulting the owner and... View More

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answered on Jul 27, 2024

To get your firearm back from the state police, you need to follow the appropriate legal procedures. Since the firearm is being held as part of an investigation, you'll need to contact the state police directly and inquire about the status of the investigation and the specific steps required... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Is police departments allowed too arrest and file retaliational charges for violating my constitutional rights
James L. Arrasmith
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answered on Jun 3, 2024

Police departments are not allowed to arrest and file retaliatory charges against you for exercising your constitutional rights. The First Amendment protects your freedom of speech and the right to petition the government, including the police, without fear of retaliation. If you believe your... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Illegal contact by police

We were sitting in the back seat of my car and we were parked in the corner of a public parking lot at a local park. One police unit entered the lot and left. A few moments later he returns with a second unit. Officer 1 walks up to the rear passenger door and asked us to open it. Officer 2 starts... View More

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answered on Jun 10, 2024

It's understandable to feel concerned about the police approaching you in such a situation. In general, police officers have the authority to conduct welfare checks if they believe someone might be in need of assistance or if something seems out of the ordinary. However, these checks should be... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: 1st amendment and harassment?

A buddy of mine owns a pub and a man yells religious things at the people eating outside. He doesn’t yell obscenities and from a reasonable perspective doesn’t appear to be intoxicated. He always yells at the same location and is on a public sidewalk. Is their anything that could be done to... View More

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answered on May 19, 2024

Your buddy's pub has a right to ensure a comfortable and safe environment for its patrons, even when dealing with someone exercising their First Amendment rights. While free speech is protected, there are limits when it comes to harassment and creating a public nuisance. The fact that this man... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Constitutional Law for Pennsylvania on
Q: DEA Privacy Act Denial Appeal: No arrests but why are they withholding my information and why do they have any at all?

I submitted a Privacy Act request to the DEA out of curiosity and it came back denied due to exemption (j)(2): "Material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or to apprehend criminals."... View More

James L. Arrasmith
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answered on Apr 10, 2024

This is a complex situation that raises several legal and privacy concerns. Here are a few key points and suggestions:

1. The DEA's response indicates they have some information about you in their records related to criminal investigations, even if you have never been arrested. There...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can the police put you under arrest with no charges or warrant

Can the police show up at your house and put you in handcuffs without a warrant or charges then not Miranda you then when you ask for a lawyer, ignore the request and continued their questions they also deny you your phone call and all they want you to do is work for them to get somebody but at... View More

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answered on Mar 21, 2024

In general, police must have a valid reason, such as an arrest warrant or probable cause, to arrest someone. If you're arrested without a warrant, the police should have strong evidence to believe you've committed a crime. However, merely showing up at your house without any charges or... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: Does Rule 600 apply & who can we have file it?

Hello. My son has been incarcerated since 03/27/2022 and Venango County, PA put criminal complaints filed Charges on him 3/8/2022, from an incident they said happened on 2/12/2022, (docket no. Mj-28301-cr-0000056-2022). My son has never even been arraigned or had his prelim or anything. In pa we... View More

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answered on Mar 20, 2024

Rule 600 in Pennsylvania refers to the right to a speedy trial, stipulating that a criminal defendant should be brought to trial within a certain period, usually 365 days from the filing of the complaint. If your son has been incarcerated since 03/27/2022 without an arraignment or preliminary... View More

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