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Pennsylvania Appeals / Appellate Law Questions & Answers
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

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Q: Who will represent me im a person with a Disability in the Commonwealth of Pennsyl for 2 civil rights deprivation suits

It's AGAINST a Dr where I was going for my Recovery til he tried to manipulate and intimidate me with OPPS PROPAGANDA. I got 2: open active cases supreme Court Western district of Pa

John Michael Frick
John Michael Frick
answered on May 19, 2023

Civil rights cases are too complex for most attorneys. You should retain the services of an experienced civil rights lawyer in or near the county where your case is pending or where it needs to be filed. Because of the relatively low rate of success and limited damages available, you should... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: How can I prove my signature was forged. If I don’t have the original promissory note?

I gave someone a promissory note on a piece of lined notebook paper with my signature. She took my signature from that and copied it and pasted it to a fake lease. And used it in court.

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Hire an expert. There are many ways. The ink used by copy machines is different from the ink used in pens. The “white” space in a photoshopped image is a different “white” than the paper. Digital images of a signature are finely pixilated and not a smoothly flowing signature you get... View More

3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
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Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... View More

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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Mr. Chad Van Horn
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Mr. Chad Van Horn
answered on Nov 8, 2022

Absolutely. Judgments are one of the main reasons that individuals chose to file bankruptcy. You may want to move quickly as once the creditor receives the judgment, they can engage in post-judgment activities like garnishment or seizure of assets.

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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I applied for an apartment and I was denied because they used my cash app transactions as income. Is that legal?
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Some questions go unanswered, but if you want to try reposting and adding Landlord-Tenant Law as a category, you might have better chances of a response. Attorneys who work in that area would have the best... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Good evening, I am trying to appeal and/or reconsider three rulings dated September 20th 2021.

Good evening,

I am trying to appeal and/or reconsider three Common Pleas Court rulings dated September 20th 2021 because the judge previously granted a continuance but seemingly spontaneously ruled on the three issues anyway. Look at the attached docket. Even assuming some other mistake,... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

You need to contact Legal Aid if you haven't already. https://www.palawhelp.org/organization/north-penn-legal-services-stroudsburg-office/housing-and-shelter/eviction?ref=PYCKA

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: found guilty of retail theft at family dollar. Charged suspisciously! I am NOT GUILTY. Appealed descison!!Please help

. Accused of thEft summary offense local police officer was who put the charges on me the charges were placedweeksafter I got home with my purchased items. No stolen items. I have the receipt and there was no apprehension of me nor did anyone contact me until the court papers came in the mail. It... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 20, 2021

First make copies of your documents. Ask for a public defender. Call the county bar association and see if they have any volunteer lawyers.

Ask the prosecutor to produce a list of the items allegedly stolen. If your slip matches theirs no problem.

Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Pennsylvania on
Q: Appeal a felony gun charge as an authorized concealed to carry citizen.

Due to ongoing disputes with my neighbor and family members, I used my concealed to carry gun on my property. This was my first offense. My bail was excessive and the harassment in jail was unbearable so I plead guilty to 23 1/2 months and fours of probation. I would like to appeal my case,... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 31, 2021

You entered a guilty plea--generally, a charge for which you plead guilty cannot be appealed. If you have any cause to set aside that guilty plea, that has to be done in the trial court.

2 Answers | Asked in Appeals / Appellate Law for Pennsylvania on
Q: I was acquitted of a crime on appeal. I had been order to pay restitution.

What is the controlling case law or statue in Pennsylvania that requires the court to return the money to the Defendant.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 13, 2021

I don't know if any restitution you have paid can be refunded to you, if you have won on appeal. Perhaps you need to file a motion with the trial court, attached the appellate decision, and request a hearing.

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1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: if the appellant in Superior Court, makes the appellee(defendant) not Answer my brief in 30 days, what happens???
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 7, 2021

I don't have the details of this question. Check the PA appellate rules, but generally speaking if the appellee does submit a brief, or does not submit a timely brief, the appellee loses the right to proceed with oral argument AND perhaps the court would not even READ the appellee's brief.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
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1 Answer | Asked in Employment Law, Appeals / Appellate Law and Employment Discrimination for Pennsylvania on
Q: Is Terroristic threat considered a crime

A violent crime

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Oct 23, 2020

It could be, depending on the circumstances.

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: Hello, I have filed a writ of mandamus and the status with the Court is "awaiting answers". Answers from whom?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 12, 2020

Answers, I suppose, from whoever is on the other side. There must be some one or some entity who is required to respond.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Pennsylvania on
Q: Once a Motion To Reconsider is filed and marked by the court, does the Judge have a time limit to respond...if at all?

A MTR was filed within the allotted time. It was marked by the court. It has now been 20 days and I have yet to hear anything. A contempt complaint that was filed at the same time, was scheduled within 15 days.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Sep 3, 2020

Unless there's a Rule limiting the court's time to respond, there's no time limit. However, if the motion is denied, that ruling will start the clock running on noting the appeal--if you want to do that.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Pennsylvania on
Q: I am looking for tips on how best to research for an appellate lawyer for a child relocation ruling in Bucks County, PA.
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 22, 2020

I can draft a brief but I am not admitted to practice in PA. You will have to find co-counsel in PA who can enter his/her appearance, can file the brief and can do any oral argument. I have done briefs in PA courts and I am familiar with family law issues.

What is the deadline on the...
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Q: please help layperson looking filings for appellets brief, appelle's brief and amicus. can you tell me where to look TY

example i am looking for a website or access to filings requesting appellets brief, appellee's brief amicus----example

commonweath v. Kareen johnson docket # 339,EAP 2018----- or commonwealth v. Rivera #601 MAL 2018. idont understand all this it is for my son's case. can you... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2020

You have courage to undertake such a difficult project. There are very knowledgeable Pennsylvania criminal defense - appeal attorneys here who are really the ones with insight into this, and they could give the best direction. But your post remains open for four days, and some law offices might be... View More

1 Answer | Asked in Appeals / Appellate Law for Pennsylvania on
Q: My brother has asked me to help him electronically file his appeal with the Pennsylvania Superior Court. Can I legally?

He is filing pro se and has limited access to the law library due to the covid 19 restrictions. I have no legal background. He would provide the written brief and is asking me to format it and file it electronically via the PAC file.

Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jun 6, 2020

I don't see why not. You are not representing him, you are not a lawyer, you're just assisting in a pro se filing. Unless there's an appellate rule prohibiting this (and I haven't reviewed the PA appellate rules), there should be no problem. Unless I'm missing something...

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Pennsylvania on
Q: won unemployment appeal employer didn’t show now employer appealed the decision

Employer said it was due to rule violation but never showed for appeal hearing. I never got written up or signed anything and no handbook and I won now he appealed it

Peter N. Munsing
Peter N. Munsing
answered on Nov 26, 2019

Anyone can appeal anything. Doesn't mean they win. If the appeal is from the initial determination/examiners decision they can try to introduce evidence. If it's appealing a referee decision, they are stuck with the record.

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