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Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Can I found out why police will not assist me, treat me rude and why cid is following me. I haven't don't anything wrong

The police have even called me a drug addicted and asked how my mental health was.

James L. Arrasmith
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answered on Dec 30, 2024

I'm really sorry you're experiencing this. It can be incredibly distressing to feel misunderstood or unfairly treated by those meant to help.

Consider reaching out to a trusted friend or family member who can support you during this time. It might also help to contact a legal...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for Pennsylvania on
Q: Is my consent required when it comes to the police releasing items that were seized during an arrest?

My vehicle was searched and the police seized my drivers license, bank cards, EBT card, medical card, etc. along with two cell phones. My attorney requested the release of these items and stated once it was approved, I would be able to go to the police station to get them. I was then notified by my... View More

James L. Arrasmith
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answered on Oct 29, 2024

You have the right to have your seized items returned without unnecessary delays. Typically, once your attorney requests the release of your belongings, the police should follow through without additional conditions. It's unusual and potentially improper for your attorney to hold your personal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I have a court order to return Property . the police never return the Property. they issue a warrant to take my property

i went to court file a motion to compel . when i do that the judge threating them to hold them comptent to return my property but they went get a warrant to get my my phone back. what can i do next to get my cellphone with the court order

James L. Arrasmith
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answered on Oct 29, 2024

You should first consult with a lawyer who can provide specific legal advice based on your situation. They can help you present all relevant documents, including the original court order and any motions you've filed, to strengthen your case.

Next, return to court and inform the judge...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania on
Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: I need to sue not only my local DA's office but also the CIA but would like to do so out of their jurisdiction, can i ?

Thanks to a whistleblower I have credible evidence against the Lackawanna County District Attorney's Office for running an illegal CIA sponsored torture psyop against me for the past 30 months. I have a 10 page affidavit full of non frivolous shocking evidence and I feel confident but every... View More

James L. Arrasmith
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answered on Oct 6, 2024

You can file a lawsuit outside of your local jurisdiction, but it depends on several factors. Generally, lawsuits should be filed where the defendants reside or where the events in question took place. Since the District Attorney’s Office and the CIA are based in specific locations, you would... View More

1 Answer | Asked in Contracts, Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Where does the parking authority receive their authority?

In Philadelphia, where it must be similar to NYC, there is a parking authority. I asked their law department the following question and they could not answer, and I just want to know for my records:

Will you please show me the law that states that people who are not engaged in commerce and... View More

James L. Arrasmith
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answered on Sep 12, 2024

The authority of a parking authority, like the Philadelphia Parking Authority (PPA), typically comes from state legislation or municipal code that grants them power to regulate parking in public spaces. For Philadelphia, this authority originates from the Commonwealth of Pennsylvania, which... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on
Q: What are the status of limitations of police violations against your 5th and 6th amendment rights?
James L. Arrasmith
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answered on Sep 7, 2024

When it comes to violations of your 5th and 6th Amendment rights, the statute of limitations can vary depending on the specific type of violation and the jurisdiction where it occurred. Generally, for civil rights violations, including violations of these amendments, there is a time limit within... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: legality of being questioned while under prescribed narcotics

If someone had just undergone surgery and was still having the effects of the anesthesia and administered fentanyl and morphine several times that day for the pain. is it legal for them to be questioned for a possible crime

James L. Arrasmith
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answered on Aug 31, 2024

When you're under the influence of prescribed narcotics, such as fentanyl and morphine, your mental state may be significantly impaired. If law enforcement questions you during this time, it can raise serious legal concerns about the voluntariness and validity of any statements you make. The... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Me and my brother had a physical fight.My mother called the police because she was concerned but he didn’t press charges

I got disorderly conduct and I didn’t get charges pressed on me. My brother and I had a physical fight and my mother called the police because she was concerned. But at the end we both made up and didn’t press charges. I’m getting charged now with disorderly conduct- Fighting. Is there... View More

James L. Arrasmith
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answered on Aug 31, 2024

You and your brother should first try to explain the situation to the prosecutor or the court. Since you both made up and no one wants to press charges, it could help your case. You might want to show that this was a one-time incident and that there’s no ongoing conflict.

Additionally,...
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2 Answers | Asked in Employment Law, Business Law, Constitutional Law and Health Care Law for Pennsylvania on
Q: can a non profit contract transport services of it's clients to it's CEO's medical transport company?

I own a medical transport company and about registering a non profit that is to provide services to teen mothers. I am wondering if I can contract all transportation activities to my private company. These activities include transport to and from doctor's appointments, meetings, seminars,... View More

Joseph Korsak
Joseph Korsak
answered on Aug 28, 2024

Sounds like an egregious conflict of interests. Why are you doing this?

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2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: Going to the store for my family and I is that traveling or driving
Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

It's both. It shouldn't be legally important, unless you're dealing with some kind of contract or agreement that makes a distinction between the two. Good luck

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Who would be able to help with an inmate who has been denied parole multiple times for no reason?

The inmate has completed all courses and then some. Also they denied for 1 year and then 1 year and then last time it was for 2 years. The inmate hasn't had a write up of any sort for 4 years.

James L. Arrasmith
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answered on Aug 5, 2024

If an inmate has faced repeated parole denials despite meeting requirements, it's important to seek assistance from organizations that advocate for prisoner rights. These organizations can offer guidance on the parole process and may help identify any underlying issues that contributed to the... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Small Claims for Pennsylvania on
Q: I had grandmal seizure on bathroom floor 2 days ago at Atkinson mens shelter now wanna kick me out?

The ambulance said I was being resistant Iwas seizing

James L. Arrasmith
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answered on Aug 5, 2024

I'm sorry to hear about your experience. It sounds like you had a very challenging situation at the shelter. If you're facing eviction from the shelter due to a medical condition like a grand mal seizure, you might have legal protections under the Americans with Disabilities Act (ADA).... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Dealing w/ens legis entities & natural humans on paper (as in legal docs) how does one distinguish one from the other?

I'm trying to learn how to read legal contacts. If a contract involves fictitious or ens legis entities and/or natural persons i.e. real human beings, and as a corporation can have a name that could be confused with a "real person," how do you tell in the contract language which is which?

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answered on Aug 5, 2024

To distinguish between fictitious or ens legis entities and natural persons in a legal document, start by carefully examining the names used in the contract. Corporations and other legal entities often include designations such as "Inc.," "Corp.," "LLC," or... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: When can I get my firearm back from the state police.

There was an incident where someone, not the owner, pointed a firearm with an empty clip at someone. The state police were called and showed up but did not take the firearm. The following day the mother of the owner took the firearm, refused to give it back, and without consulting the owner and... View More

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answered on Jul 27, 2024

To get your firearm back from the state police, you need to follow the appropriate legal procedures. Since the firearm is being held as part of an investigation, you'll need to contact the state police directly and inquire about the status of the investigation and the specific steps required... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Federal Crimes and Government Contracts for Pennsylvania on
Q: Why can’t I sign my driver’s license, State ID, or LTCF with “All Rights Reserved” or “Without Prejudice”?

The DMV said I can’t sign my driver’s license or State ID with “All Rights Reserved” or “Without Prejudice”. Same for the the gun permit unit for my LTCF. Yet, in order to exercise my 2nd Amendment rights, I am being told I need to present a state ID, so I am under duress to sign in the... View More

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answered on Feb 24, 2024

The requirement to sign your driver's license, state ID, or LTCF without adding "All Rights Reserved" or "Without Prejudice" is typically due to standard procedures set by government agencies. While you may feel it infringes upon your rights, these agencies operate within... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Does it violate the 14th amendment right to travel if my probation officer bars me from traveling
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answered on Nov 12, 2023

In the context of probation, the right to travel, as protected under the 14th Amendment, can be lawfully restricted. Probation often comes with conditions that aim to ensure public safety and facilitate rehabilitation, and these conditions can include travel restrictions. The Supreme Court has... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I recorded a traffic stop the police that I recorded followed me pulled me over was my rights violated
John Michael Frick
John Michael Frick
answered on Jun 8, 2023

There are no facts stated in your question which suggest that your rights were violated. Police routinely enforce traffic laws by making traffic stops.

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, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehi

Was pulled over pulling out of gas station officer performed field sobriety test and I passed. Then asked to search vehicle and I said no then spoke to another officer after he removed his recording device and sat on car. Then told me that he was calling a canine unit out to which I responded that... View More

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answered on Mar 2, 2023

Based on your description, it appears that the officer may have exceeded the lawful limits of his authority during the traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and law enforcement officers generally need a warrant or... View More

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