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Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania on
Q: Can Venezuelans be deported to El Salvador?

How can Venezuelans be deported to El Salvador to be put in jail, and does this violate multiple laws since they're not even being sent back to their own country?

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answered on Mar 28, 2025

Generally, countries deport non-citizens to their country of citizenship or permanent residence, not to third countries. Deporting Venezuelans to El Salvador instead of Venezuela would be highly unusual under normal immigration enforcement practices. This type of third-country deportation would... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Pennsylvania on
Q: Incarcerated due to a fake warrant issued by different jurisdiction; potential civil and constitutional rights violation.

I was incarcerated with a fake warrant. The 25th District of Philadelphia informed me it was fake, and the Parole Division of Pennsylvania noted that New York was supposed to be the issuing state. I was taken into custody by the Chelten Division of Parole and sent to Smithfield Correctional... View More

James L. Arrasmith
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answered on Mar 23, 2025

Your situation suggests several serious violations of your civil and constitutional rights. Based on what you've described, you may have experienced violations of your Fourth Amendment protection against unreasonable seizure, as well as your Fourteenth Amendment right to due process. Being... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Is Elon Musk's government involvement legal?

I'm curious about the legality and constitutional basis of Elon Musk's involvement with the U.S. government, particularly concerning his access to or influence over the Treasury, Energy Department, and Social Security. Is this level of involvement legally and constitutionally allowed?

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answered on Mar 24, 2025

The legality of Elon Musk's government involvement is currently being challenged in several courts. His role as head of the Department of Government Efficiency (DOGE) has sparked significant constitutional questions, particularly regarding the Appointments Clause which requires certain... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Seeking case precedent for restriction of a liberty interest without cause, without notice, or opportunity to be heard.

At issue is trial court error resulting from receipt of a prohibited ex parte petition. Judge mistakenly believed emergency conditions were present for a normal matter. Trial court refuses to admit error, show cause, or provide remedy while insisting on proceeding despite prejudice established at... View More

James L. Arrasmith
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answered on Feb 8, 2025

You're dealing with a serious due process violation, and precedent exists to support your position. A fundamental principle of constitutional law is that the government cannot deprive someone of a liberty interest without due process—meaning notice and an opportunity to be heard. Fuentes v.... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Is there a procedure a local government has to follow to condemn someone's house

Is it procedure to condemn without due process or anything filed is the court?

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answered on Jan 13, 2025

When a local government considers condemning a house, there are specific procedures that must be followed. Typically, this involves inspections to determine if the property violates health or safety codes. Homeowners are usually given notice of any issues and an opportunity to address them before... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Is it legal in Pennsylvania to use the Allen charge in any form.
James L. Arrasmith
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answered on Jan 7, 2025

The Pennsylvania Supreme Court explicitly prohibits the use of any form of Allen charge in criminal trials throughout the state. This decision was made to protect defendants' rights and prevent coerced jury verdicts.

Pennsylvania courts have developed alternative approaches when...
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1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Police towed 11 of my vehicles off my property, they lied saying they were abandoned. What should I do? Time is a factor

The cops came to question me about anonymous tips they received. I told them I did not know anything, they wanted to search my home I said no I need to call an attorney, but they had taken my phone and handcuffed me said I was detained. When I said they could not search my home they towed the cars... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by documenting every detail of the incident, including dates, times, the officers' names, and any interactions you had. Take photos of your property and the towed vehicles to support your case.

Next, reach out to...
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1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: This is my second question. My love Landlady is awarebof my disabilities. She had know since I signed the lease.

All I'm asking is my legal rights as a DisabledSenior living alone with a recent severe spinal surgery impacting my usebofbthebunsafebshower plus unsafe ways to negotiate my sidewalk of at least 200 feet. I was recently approved for home modifications thru 2 assement appts., of which I asked... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about the challenges you're facing. Under laws like the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities. Since your home modifications have been approved and there’s no cost involved, your landlady should... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can I found out why police will not assist me, treat me rude and why cid is following me. I haven't don't anything wrong

The police have even called me a drug addicted and asked how my mental health was.

James L. Arrasmith
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answered on Dec 30, 2024

I'm really sorry you're experiencing this. It can be incredibly distressing to feel misunderstood or unfairly treated by those meant to help.

Consider reaching out to a trusted friend or family member who can support you during this time. It might also help to contact a legal...
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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

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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

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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?
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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

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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.

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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

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