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Pennsylvania Constitutional Law Questions & Answers

1 Answer | Asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania on

Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes can't... Read more »

Tim Akpinar answered on Jul 26, 2019

As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and other... Read more »

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 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 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 »

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Can the Senate majority leader block an impeachment trial?

Peter N. Munsing answered on Jun 19, 2019

If they have the votes they may.

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 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 -- or even...
Read more »

2 Answers | Asked in Constitutional Law for Pennsylvania on

Q: Prison reform

Im doing a long essay about prison reform in my civics and government class and a topic i want to include is if unsanitary prisons are againsed constitutional law. I've read that it is againsed constitutional law to inflict "cruel or un-usual punishment" againsed a criminal and i feel unsanitary... Read more »

Peter N. Munsing answered on May 13, 2019

Why not contact the Pennsylvania Civil Liberties Union Prison Rights project, speak to one of the workers to see how frequent the probglem is, is it a state prison vs county prison issue, etc. Whether it is cruel and unusual as a matter of law depends on many items specific to each case. However it... Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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4 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long... Read more »

Peter N. Munsing answered on Apr 19, 2019

Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on

Q: bench warrant lifted before hearing motion to dismiss my charges.issued lawyer told me jury selection being resheduled.

I missed jury selection,my lawyer told me he was rescheduling it.now judge issued bench warrant will not lift it and wants to out me in jail.i have hearing to dismiss my charges but if I show up he will lock me up what do I do?

Gary Kollin answered on Feb 11, 2019

Talk to your lawyer

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 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, Traffic Tickets and Constitutional Law for Pennsylvania on

Q: Are tolls unconstitutional 4 amendment 14 th And 10th

Cary B. Hall answered on Sep 26, 2018

Tolls, like highway tolls? No -- because if they were, you wouldn't still be paying them. Folks come up with all kinds of constitutional arguments against everything under the sun, and almost all of them get shot down by the courts. The ones that don't, you'll hear and know about.

2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for Pennsylvania on

Q: Cases that involve the second amendment, particularly right to bear arms.

Cary B. Hall answered on Sep 11, 2018

You're looking for appellate court opinions in cases concerning the Second Amendment (which *only* deals with "the right of the people to keep and bear Arms")?

Your best bet is to do a Google search yourself and/or go spend some time in a law library. You won't find an attorney here to...
Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Pennsylvania on

Q: Can someone please explain this?

https://www.1215.org/lawnotes/lawnotes/travel.htm

Cary B. Hall answered on Sep 3, 2018

It's someone arguing -- by taking snippets of state and federal court decisions -- that U.S. citizens have an unfettered right to travel, and that the "right to travel" cannot be regulated or curtailed by any sort of government.

I say, "good luck with that one."

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on

Q: CPS AND CIVIL RIGHTS ISSUE PLZ HELP!?

*After police told me Id be going to jai, CYS forced me to sign safety plan and told me if I didn't sign our baby would be taken instead of going home with my parents.

*I never seen the safety plan or had the chance to read it. I was told (and my parents and husband were also) that we would... Read more »

Kathryn Hilbush answered on Jul 31, 2018

It's hard to know the whole story here. I suggest that you obtain private counsel to help you with this problem. If you can't afford a private attorney, then try Legal Assistance or of the advocacy groups in the Pittsburgh area that offer legal assistance at low or no charge.

1 Answer | Asked in Constitutional Law and Criminal Law for Pennsylvania on

Q: Is it constitutional to keep someone in solitary confinement for a year before conviction

It was a murder and was most likely self defense

Peter N. Munsing answered on May 4, 2018

Unusual. Contact the pennsylvania civil liberties union.

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on

Q: Change of jurisdiction to Federal Court for Divorce invl Swiss native?

No-fault divorce proceedings 3 years; Wife, Plaintiff in Switzerland since 2016 non-compliant with basic Discovery; Final Master Hearing seems worthy of mistrial (third party considered disreputable by legal system provided telephony technology via her cell phone, as one example); Defendant filed... Read more »

Kathryn Hilbush answered on Apr 13, 2018

This matter is far too complicated for anyone on this site to offer you suggestions as to how to proceed. If you do not already have an attorney representing you, then please consult with an experienced family law attorney in your area. Someone needs to sit down with you and review everything... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: If house was raided without existing warrant (illeg srch seize)does money seized legally get returned (no charges filed)

York County Pennsylvania drug task force Force entrance into home, Seized $9,000 of life savings for finding less than a quarter pound of marijuana only to then request copy of search warrant affidavit as well as the property / inventory voucher of all assets and items seized that they refuse to... Read more »

Zak Taylor Goldstein answered on Dec 13, 2017

Not necessarily. In order to get the money back, you would have to file a petition for return of property. You would want to retain a lawyer for that. You then may have to show that the money came from a legitimate source and did not have anything to do with drug trafficking. If you do not file the... Read more »

2 Answers | Asked in Workers' Compensation, Constitutional Law and Insurance Bad Faith for Pennsylvania on

Q: Can an IME opinion ride through a major surgery that is considered work related?

I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is... Read more »

Timothy Belt answered on Dec 12, 2017

There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if... Read more »

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