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Pennsylvania Constitutional Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania on
Q: Did the police legally search my car?

I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 13, 2020

Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What do I say to a police officer if I am stopped for open carrying a firearm in Pennsylvania?

Outside the city of Philadelphia

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

Do you have a license to carry a firearm? While open carry is legal outside of Philadelphia, most police take a dim view of it, may stop you, ask where you are going, give your vehicle a look to see if there are any violations at all, will check the size of your magazine--and may take their time... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I want to display my hate for my country by creating signs that say Bin laden 2020. Is that illegal ?
Cary B. Hall
Cary B. Hall answered on Jun 3, 2020

That language? No. Where you place the signs? Perhaps, so check with your local municipality.

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: How do I beat a case when the officer was in the wrong

I got arrested because I was supposedly being belligerent but they did no say I was being charge with anything until they decided to be aggressive with me while I was being held down by seven officers while intoxicated and having a panic attack. They tased me 2x, I bit and officer in the process... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on May 7, 2020

The thing that I struggle with on questions like this is there are a lot of missing facts. Please dont share them here, but those facts are important to determining whether or not you have an actual defense or a potential wrongful use of force case. I am assuming you are charged with aggravated... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: My city has had a curfew in place for over 15 days and just extended it, I'm in Hazleton PA is this legal?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

Yes. It's the mayor's - city council's call to make, and such measures have been implemented in other cities across the nation. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for Pennsylvania on
Q: My job cancelled us from calling out.. They are telling people if they call out they will use disciplinary actions

When the employe began to call and She stated she had upset stomach and diarrhea they told the employee come to work. They wrote her as a know call no show on a sign in sheet for a rule they decide to make up today even though she gave more then 4 hour notice, They're saying this due to the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

Several things going on--possible health code violations, things the Joint Committee on the Acreditation of Hospitals would want to know about, as well as the State Health Department or other agencies that regulate that establishment. A person who is sanctioned for calling out sick because they... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: I was arrested on December 20th 2018 for possession and intent to deliver I had it dismissed at the district level what

I need to know the statute of limitations on re-arrest and recharged cuz I was never tried and I have to go back to the police station to get my belongings and I'm afraid they may have re-arrest me

Cary B. Hall
Cary B. Hall answered on Feb 7, 2020

The statute of limitations for Possession with Intent to Distribute (PWID), an ungraded felony, is five (5) years. The statute of limitations for Possession of a Controlled Substance, an ungraded misdemeanor, is two (2) years. So they've got a long time to re-charge and re-arrest you if they... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: Is it legal to burn the pride flag in public?
Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

It can be viewed as a breach of the peace. A lot depends on circumstances. There is no statute that says you can't do that, but other statutes may if you are said to be trying to harass or intimidate. If you are concerned, you can contact the Lambda Legal Aid fund

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: If you are waiting to go to trial in Philadelphia and you start Therapeutic Community programming do you get time

Credit for completing programs plus time served

Gary Kollin
Gary Kollin answered on Oct 17, 2019

you have a lawyer. ask your lawyer

1 Answer | Asked in Constitutional Law and Land Use & Zoning for Pennsylvania on
Q: Ordinance inspectors walking on private property. When asked to leave they return with local police escort, no warrant.

Peeking in buildings, campers, garages, they say they have a right on private property w/o your permission and w/o administrative warrant. Actual ordinance says they have a right to inspect all buildings on the property, if they want to. The ordinance inspector says it's legal and the 4th... Read more »

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

An interesting point. If he sees a violation in plain view---i.e. visible from the street--they can cite the owner. However if they need to get on the property they need to ask permission. They can and should get a warrant. That they didn't is something you should contact the Pennsylvania... Read more »

1 Answer | Asked in Estate Planning, Constitutional Law and Probate for Pennsylvania on
Q: Hi,Can a buyer/mortgage holder/beneficiary be demanded to do this or be threatened to go to court?

In the event of a Triggering Event Consisting in the death of Grantors, or an intent to gift, lease, extend options for use or purchase or other transfer of beneficial interest in the surface estate to the Premises to anyone other than a Grantor, prior to effecting any such transfer, Grantors, or... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 30, 2019

It depends on a number of factors, such as whether this is a private agreement or it is on the record. If it is not on the record, then it would not be enforceable AGAINST a buyer or a mortgage holder because they had no notice of it, but it still would be enforceable against the Grantor for... Read more »

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... Read more »

Tim Akpinar
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... 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
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
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
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
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...
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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... Read more »

Peter N. Munsing
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
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...
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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...
Read more »

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