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Pennsylvania Civil Rights Questions & Answers
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

James L. Arrasmith
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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 and Land Use & Zoning for Pennsylvania on
Q: Cop came on my property without permission $600 for a fire ordinance I was using it for recreational for marshmallow
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Can a cop come on your property without your permission over an ordinance
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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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 Criminal Law for Pennsylvania on
Q: can violations of my civil rights be a separate representation from criminal representation?

I have proof that certain entities have involved outside sources in incriminating me. Example:I deposited a legitimate check for $40,000 from my DROP retirement fund. the check was drawn on Vantagepoint Transfer LLC. It was deposited to M & T Bank some 8 years ago. At the time the deposit was... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information you've provided, it sounds like you may have two separate but related legal issues: 1) potential violations of your civil rights, and 2) criminal charges that you believe are based on fraudulent evidence or misrepresentations.

In this situation, it is often...
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1 Answer | Asked in Internet Law, Libel & Slander and Civil Rights for Pennsylvania on
Q: Is there any laws in Pennsylvania against Adults cyber bulling adults on social media
James L. Arrasmith
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answered on Mar 29, 2024

In Pennsylvania, there are laws designed to address harassment and stalking, which can encompass cyberbullying among adults. While the state's legal framework primarily targets physical stalking and harassment, certain provisions extend to electronic or digital forms of communication,... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Family Law for Pennsylvania on
Q: If you do not come to a PFA hearing can you get arrested?
James L. Arrasmith
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answered on Mar 25, 2024

If you are involved in a Protection From Abuse (PFA) case and fail to attend the hearing, the consequences depend on your role in the case. If you are the petitioner, the one who requested the PFA, not showing up could result in the dismissal of your case. This means the protective order may not be... View More

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: The state police.put a bruise on my arm and put cuffs on my surgery wrist so tight it bruise my bone
James L. Arrasmith
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answered on Mar 22, 2024

I'm sorry to hear about your experience. If you believe your rights were violated or you were injured due to excessive force, it's important to document everything related to the incident. This includes taking photos of your injuries, getting medical records to document the severity, and... View More

2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

James L. Arrasmith
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answered on Mar 22, 2024

If you believe that your lawyer and doctor have intentionally provided false information in a legal setting, it's critical to address this issue seriously. Both legal and medical professionals are bound by ethical standards that prohibit dishonesty and misconduct. If these standards are... View More

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2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

This is a question of credibility for the judge and it sounds like he ruled in your favor. You cannot pursue a separate claim against the defense lawyer or doctor for the evidence presented. Hopefully the judge outlined these issues in his decision which will then be part of the records reviewed... View More

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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

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Can police get in trouble?

I got pulled over new years eve with a suspended registration. The cop failed to inform me that it comes with a 3 month license suspenion. Nor did I recieve any paperwork in the mail stating so. Is the cop in the wrong for not informing me?

James L. Arrasmith
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answered on Mar 16, 2024

When you're pulled over and cited for an issue like a suspended registration, it can indeed lead to further consequences, such as a license suspension. However, it's important to know that the responsibility to inform you of all potential legal outcomes may not solely rest on the officer.... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

2 Answers | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

It's possible, but a law firm would probably want to investigate further and learn details about how the information made its way into your records. One option would be to try to set up a free initial consult with attorneys in your state who handle healthcare-related law. It would be important... View More

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2 Answers | Asked in Civil Rights and Health Care Law for Pennsylvania on
Q: I have found that someone added a medical condition that I do not have, in my record.

This has impacted my ability to receive care. Although I asked for it to be removed, it keeps being re-entered, with additional false information added. I have had to go to a doctor outside the hospital network and have had to pay out of pocket for care. It has been five years and I am still seeing... View More

James L. Arrasmith
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answered on Mar 8, 2024

In situations where incorrect medical information in your records has adversely affected your access to care and caused financial and emotional distress, you may have grounds for legal action. The persistence of false information, despite requests for correction, and the resulting negative impact... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Due to a courts typing error in my address,summons went to wrong address, no show default judgment entered against me

A civil courts clerk made a repeated typing error with my address for serving me a summons for a civil judgement. As a result, I never received summons and a no show default civil judgement for $15,000 was entered against me. I find this out, 6 years later, when the defendant’s attorney had the... View More

James L. Arrasmith
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answered on Mar 8, 2024

Discovering a default judgment against you due to a clerical error in addressing can be both shocking and frustrating. The situation you're facing is serious, but there are steps you can take to address the judgment and its consequences. First, it's important to gather all relevant... View More

3 Answers | Asked in Civil Rights, Entertainment / Sports and Internet Law for Pennsylvania on
Q: Do I need a civil rights Attorney, or Music Attorney?

I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the details provided, you have a few options in terms of legal representation:

- Civil rights attorney - If you feel you were discriminated against by the social media platform based on your protected class status (race, religion, gender, etc.), then consulting a civil rights...
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3 Answers | Asked in Civil Rights, Entertainment / Sports and Internet Law for Pennsylvania on
Q: Do I need a civil rights Attorney, or Music Attorney?

I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A civil rights attorney is a usual starting point for matters in involving discrimination. It isn't fully clear by what you mean by music attorney - music contract terms dispute, music intellectual property rights, royalties? Maybe with additional details, an attorney could better determine... View More

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3 Answers | Asked in Civil Rights, Entertainment / Sports and Internet Law for Pennsylvania on
Q: Do I need a civil rights Attorney, or Music Attorney?

I am an independent musician who has been in dispute with a social media platform. If I feel I was discriminate against for several reasons and can prove it, and would like to take legal action. Do I contact a civil rights attorney, or a music attorney? Thanks in advance.

Eddie Burnett
Eddie Burnett
answered on Apr 2, 2024

For a dispute with a social media platform where you believe discrimination occurred, a civil rights attorney would be the best first contact. Music attorneys typically handle issues related to contracts, royalties, and intellectual property within the music industry itself.

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