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Pennsylvania Civil Rights Questions & Answers

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 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 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 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 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 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, 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 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?

Timur 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 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 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 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 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 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 »

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Legal Malpractice for Pennsylvania on

Q: How long after receipt of a forensic custody/psych eval must a hearing be held? Esp if primary parent deemed detrimental

This is the 2nd forensic eval. 1st strongly rec immediate crisis counseling 4 both girls, 11&12, an urgent change in cust over 2 us due 2 the severity of mom's abusive behaviors causing severe issues due 2 her severe psych/abuse & alienation. After 1st report, b4 our 4 month delay special rel,... Read more »

Kathryn Hilbush answered on Jan 15, 2019

It appears that your husband is represented by an attorney. All questions should be asked on existing legal counsel.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Pennsylvania on

Q: Help with children and youth difficult ex husband

My step son 8 years old with autism runs out the front door every chance he gets everytime i have added a new security device i have cameras locks that send notifications anyways Sunday he got out my notifications went off i was right behind him i got him home no police involvement children and... Read more »

Kathryn Hilbush answered on Dec 13, 2018

Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital... Read more »

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

Q: How do you challange a search warrant issued due to false and theoretical probable cause affidavit

Property was seized from home over a month ago. The search warrant was issued based on false, misleading and theoretical evidence. No charges have been filed.

How do I petition for return of property and dismissal(quash, invalidate) of the warrant?

Cary B. Hall answered on Dec 12, 2018

Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.

If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me...
Read more »

1 Answer | Asked in Civil Rights for Pennsylvania on

Q: Does section 52 - 200 apply to Pennsylvania civil court and Superior Court of Pennsylvania? What does this mean?

What does this mean to the plaintiff who represents self?

Cary B. Hall answered on Oct 22, 2018

With no context to your question, I have no idea what it means either. But it does seem to mean that you're not doing a bang-up job representing yourself, right?

Strongly consider seeking at least a consultation with an attorney -- and probably hiring him or her -- for your legal matter....
Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on

Q: Do I have a suit

I was recently in an emergency room for mental health. I was put in a seclusion room for my safety. The nurse didnt lock the door. I walked out into the lobby. Several security guards were trying to stop me. I wasnt fighting I just kept walking. A trooper who was there for another reason came out... Read more »

Peter N. Munsing answered on Oct 18, 2018

If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.

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