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Pennsylvania Civil Rights Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Pennsylvania on
Q: Hello. My baby sister is going to be 13yrs old in a few months. She is desperate to move out of my parents house.

She wants to live with me badly because of the abuse that goes on at home. Which I know of because I had to endure abuse myself when living with them. I am 33yrs old. My parents are narrcistic. They won't even allow her to visit me or we can't talk on the phone or anything. Because they know She'll... Read more »

Cary B. Hall
Cary B. Hall answered on Sep 17, 2019

If the abuse is *physical* abuse, you should contact the Children & Youth agency for the county in which your sister lives. Even if it's only mental/emotional abuse, I'd contact that agency and let someone know what's going on. Hopefully they'll open up an investigation and get to the bottom of... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Communications Law and Domestic Violence for Pennsylvania on
Q: Say some one repeatedly says they’re going to have sexual relations with loved ones is that harassment?

Keeps saying they wanna do things like this

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

It's also a threat under some circumstances.

1 Answer | Asked in Contracts and Civil Rights for Pennsylvania on
Q: May,I file for these patents upon expiration?

I know the guy and he could rewrite those identifications to exhibit his knowledge about each of the patents. Also what does the 'grant' detail as a per say award to the person. Plus, would you be clear with returning the answers and does a 'grant' expire and who is eligible to a United States... Read more »

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2019

You should redirect your question to Patents.

1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Pennsylvania on
Q: A Pittsburgh Police Officer told me that a Priest serving in a Confessional is serving in a public capacity. Rec.allowed

Is recording one's Confession allowed in PA without the Priests consent even with the following considered?

<

Pennsylvania is one of twelve states that upholds two-party consent for communications recording. To secretly record a conversation with consent from only one party in... Read more »

Gary Kollin
Gary Kollin answered on Jul 20, 2019

No

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and White Collar Crime for Pennsylvania on
Q: Do I have a right Pennsylvania to audio record what is said in the Confessional without telling the Catholic Priest?

I have been expecting corruption involving Law

Enforcement and Catholic leadership since

April 2nd, 2012 and am experiencing obstruction of Justice on many levels.

A team of us are addressing this, while operating under the Authority of Catholic Bishop Joe Coffey in the... Read more »

Cary B. Hall
Cary B. Hall answered on Jul 17, 2019

Pennsylvania is one of twelve states that upholds two-party consent for communications recording. To secretly record a conversation with consent from only one party in Pennsylvania is therefore illegal.

Sorry.

1 Answer | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: neighbors evil spawn keep throwing rocks in building and breaking windows. police refuse to do anything. what can i do

police refuse to do anything and it took them over 4 hours to respond to the broken window. BUT they only responded because the evill spawn threw his ball down my basement and I would not get it. then the cps showed up in 10 minutes. and no it was not shfit change and during the day.

I was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

you can sue the parents. You obviously forgot that police like politeness and deference and clearly they were tiring of your free speech. You want cooperation--listen. Maybe it shouldn't be that way, but you are over 21 and should know better.

You can ask a court to order them to stop...
Read more »

2 Answers | Asked in Civil Rights and Criminal Law for Pennsylvania on
Q: Do you have to cooperate with police in a sting investigation?

My friend was pulled over and had half an ounce of marijuana, the cops did not arrest him but instead told him that in a week they are going to call him to set up a sting to catch his dealer. Is he required by law to go along with this sting? Could he be punished for not going along with it?

Gary Kollin
Gary Kollin answered on May 31, 2019

He needs to confer with a lawyer. This is often a ploy by the police to get the person to be an informant

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1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Car was impounded to do further search. I was not allowed to get personal belongings house key

No permission to search, found small tuperware container on backseat with "residue" found paraphilnia in trunk of car. Impounded to search further..wasnt allowed to have anything out of car. Reason for being pulled over changed...first was plexi glass side back window at 1am. Then it was... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

If you were charged you need to get with an attorney who handles criminal cases in that county. If you weren't charged you need your car back. Then contact the pennsylvania civil liberties union, ask for the names of "cooperating attorneys" in your area. They usually will give free consults.

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Doing new story on Prison built in 1850 was trespass without being on property

City near me has a self-guided walking tour map. Decided to do a new story on it and start it with a prison that was built in 1850. Prison is located in the middle of the city. I never left the city sidewalk, public easement and was trespassed from prison property by local police. Deputy sheriff... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 13, 2019

The wiretap act has no application to video that I am aware of. Contact the Pennsylvania Civil Liberties Union--sounds like the type of case that they may be able to get a law school clinic to bring on your behalf.

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
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
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
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
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, Traffic Tickets and Civil Rights for Pennsylvania on
Q: Not given any ticket at stop or paper for court despite a summons with charges for plates and pos. can it be thrown out?

Officer gave a warning for improper plates during the stop but it is listed as a charge on my summons

Cary B. Hall
Cary B. Hall answered on Apr 12, 2019

Likely not - no requirement that you be issued a ticket at the traffic stop. A summons can be sent to you by mail, and that's permissible as long as it's filed with the court within 30 days of the offense.

1 Answer | Asked in Admiralty / Maritime, Contracts and Civil Rights for Pennsylvania on
Q: How to challenge personal or subject matter jurisdiction in court?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2019

There are a number of ways to challenge subject matter jurisdiction in maritime cases. One of these is raising the issue of location, in terms of whether an accident took place on navigable waters.

Tim Akpinar

1 Answer | Asked in Child Custody, Civil Rights and Family Law for Pennsylvania on
Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

it resulted in a domestic dispute and ultimately my arrest for 13 misc pending charges.

§ 5324. Standing for any form of physical custody or legal custody.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Mar 8, 2019

You should meet with an attorney in person to discuss this. I'm not sure where a civil rights violation comes into play but I'm sure you'll have more information to present if you meet with someone in person.

1 Answer | Asked in Criminal Law and Civil Rights for Pennsylvania on
Q: Does a rule 600 waiver affect the 180 day rule?
Cary B. Hall
Cary B. Hall answered on Feb 27, 2019

Yes. And presuming that you're referring to speedy trial rights when you say "the 180 day rule."

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
Gary Kollin answered on Feb 11, 2019

Talk to your lawyer

1 Answer | Asked in Civil Rights for Pennsylvania on
Q: Does asking about mental disability violate the American Disabilities act when taking the Pennsylvania Bar Examination
Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Not if they are asking if you need special allowances made. I wouldn't start off the examination for a profession by looking to sue the examiners. Suggest you contact a Mental Health Law Project and ask them.

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for Pennsylvania on
Q: Actually my husband told me to post the question given our lawyer had been compromised...by the judge.

We share expenses and the toll it's taken upon ALL our children, including the 4 siblings my stepgirls have 2 me and their father. All due respect, our attny has refused 2 act on our behalf (file another Sp Rel hearing, another recusal, answer ANY of my husband's nor my calls/emails, refuses to... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 16, 2019

It seems like you're responding here to an answer given by another attorney previously here on Justia - but what was the original question?

Regardless, you're going to be hard-pressed to have any attorney here on Justia "second guess" your existing attorney who knows your case, all of the...
Read more »

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