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Pennsylvania Constitutional Law Questions & Answers

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

Q: If house was raided without existing warrant (illeg srch seize)does money seized legally get returned (no charges filed)

York County Pennsylvania drug task force Force entrance into home, Seized $9,000 of life savings for finding less than a quarter pound of marijuana only to then request copy of search warrant affidavit as well as the property / inventory voucher of all assets and items seized that they refuse to... Read more »

Zak Taylor Goldstein answered on Dec 13, 2017

Not necessarily. In order to get the money back, you would have to file a petition for return of property. You would want to retain a lawyer for that. You then may have to show that the money came from a legitimate source and did not have anything to do with drug trafficking. If you do not file the... Read more »

2 Answers | Asked in Workers' Compensation, Constitutional Law and Insurance Bad Faith for Pennsylvania on

Q: Can an IME opinion ride through a major surgery that is considered work related?

I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is... Read more »

Timothy Belt answered on Dec 12, 2017

There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if... Read more »

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3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on

Q: how can a WCJ rule on a second LMS with out a change in evidence

The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... Read more »

Timothy Belt answered on Dec 12, 2017

The nature of workers' compensation allows for change in condition both physical and financial. If additional better paying jobs are now available within your restrictions, the defendant can certainly attempt to modify or suspend your benefits based upon the new economic reality. You are also... Read more »

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Q: i am a sex offender recently released from a Penna. prison. I am now serving 5 years special probation and am being

required to attend a counciling service that requires you sign a document saying you are not allowed to use the internet . I HAVE NEVER USED internet for improper purposes. There are various reasons i must have internet access. If i use the internet i will be dismissed from counciling and then be... Read more »

Peter N. Munsing answered on Dec 9, 2017

It's not but the way around it is to get a modification of the order allowing you use of the internet however it will have to be limited, you will likely have to allow others access to your computer and any and all passwords you have so they can make sure you aren't useing this in an untoward way.

Q: Is forbidding tricks on a bicycle unconstitutional?

There is an ordinance in the city of oil city which forbids any trick to be performed on a bicycle. This in essence would prevent any city resident from competing fairly in bicycle competitions. It would prohibit equal opportunity to practice and hone skills necessary to be competitive within the... Read more »

Peter N. Munsing answered on Nov 30, 2017

If it prohibited tricks on private property, likely yes.Contact the Pa. Civil Liberties Union. On public property--I don't see it being invalid unless it is used to cover non-pedestrian areas such as open spaces used by jugglers, dancers, others.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on

Q: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

Refusal to issue me a state ID card due to assumptions on the part of a call center supervisor.

Peter N. Munsing answered on Oct 25, 2017

Not under the circumstances as you describe them.Were you able to get the ID?

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on

Q: Im on house arrest cause i need surgery the dr wont do the surgery unless the anklet is removed....

I broke both my heels in early 17. i have to have a subtlar fusion on my left foot and will be in a cast. in order not to cause more damage to my right foot they want me to wear a boot witch isnt possible with the moniter on. What steps can i take so i can get my surgery done?

Zak Taylor Goldstein answered on Oct 17, 2017

Your lawyer can file a motion with the probation judge asking the judge to let you remove the monitor in order to have surgery.

1 Answer | Asked in Criminal Law, Constitutional Law and Wrongful Death for Pennsylvania on

Q: Can I purchase a firearm within a day or two of getting off of probation?

I am scheduled to get off of county probation on July 28 after a 3 year sentence. I pled guilty to an M1 theft by unlawful taking charge back in 2014. I am aware that gun dealers and the county sheriff use the PICS system when selling firearms or approving Carry permits. If I go in on July 29 to... Read more »

Mr. Ryan L Hyde answered on Jul 13, 2017

The fact that you are off probation is meaningless. You were convicted of a crime that makes it illegal for you to purchase a firearm. If you have questions you should ask a local attorney.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on

Q: If the dhs worker knows my sister through a mutual friend and the dhs worker is handling her case isn't this a conflict

Kathryn Hilbush answered on Jul 8, 2017

I'm not sure why this is an issue for you. You haven't provided any information which tells me why you care about this.

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

Q: Why does the "right to travel" state horse carriage or automobile if some lawyers say there is no right to drive?

A lawyer on here said we don't have the right to drive under the "right to travel" constitutional right but if you read it the law says by horse, wagon, or automobile... Is the right to travel in an automobile not driving?

CASE #2: "The right of the citizen to travel upon the public... Read more »

Peter N. Munsing answered on Feb 8, 2017

You have the right to "liberty" but the right to drive upon the roadways is limited by licensing laws. The original post, I believe, dealt with someone who felt that a licensing law blocked his right to travel. There is no specific right to travel--for instance you cannot trespass to travel.... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania on

Q: How far does my constitutional "right to travel" go?

I got a ticket for my inspection stickers expiring a month prior. That officer said I didn't have to pay any money. There is also no dollar amount written on the original citation so I took it as a warning like the cop said, I have 30 days to get it inspected. Last week I got a letter saying I... Read more »

Mr. Ryan L Hyde answered on Feb 7, 2017

It does not violate your constitutional right to travel. You can still travel but if you choose to do it in a motorvehicle you must follow lawful regulations. There is no constitutional right to drive.

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1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Where do i start in becoming a lawyer. I have been wanting this all my life and scared i am not equiped for doing so.

I am offered through work a schooling for 2 years to start and not sure where to begin

Peter N. Munsing answered on Dec 31, 2016

First, understand the costs of getting to be a lawyer. Second the years. Third your skillset. You may be a great lawyer or not--it's like deciding you want to play in the NBA. Very few people get to play. If you are mid level at a division III school you may not get selected. There are for profit... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Pennsylvania on

Q: Is this a hate crime?

I was told that: 1.) being called a nazi, 2.) having a figure of me as hitler, 3.) ostracizing me, and 4.) harassment, bullying, and psychosocial abuse against another person for their association/friendship with myself was a hate crime. Is it?

Peter N. Munsing answered on Sep 2, 2016

Generally hate crimes apply to certain protected groups. Being a Nazi isn't a religion or ethnicity. However the behaviours could be actionable or not depending on whether this is a work environment, a school, or merely social. See if the Pennsylvania Civll Liberties union has any "cooperating... Read more »

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: How would you define the Graham v. Connor case

Robert Jason De Groot answered on Oct 20, 2015

I would have to read it first. Define it. A landmark case of great public importance.

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Which Supreme Court case allows correctional officials to prohibit inmate visitation from friends and relatives

Robert Jason De Groot answered on Oct 20, 2015

That requires research. Look first to the rules of the prison.

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Why did the us supreme court decide to take up the case of Miller v. California?

Robert Jason De Groot answered on Oct 20, 2015

Probably because is was an issue of great public importance: https://en.wikipedia.org/wiki/Miller_v._California

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Is possible violation of the 4th Amendment grounds for requesting a Writ of Habeus Corpus? If so, what does one do?

Robert Jason De Groot answered on Oct 20, 2015

Possible violation, no. The facts must be known to answer the question here. One typically hires a private criminal defense attorney when charged with crime.

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Who do I contact concerning a civil rights issue od medical and physical abuse at Waymart Prison in PA. Time is crucial

Robert Jason De Groot answered on Oct 20, 2015

When time is crucial you do not want to leave a matter up to getting an answer on an internet forum. Perhaps you can make a complaint with the prison itself, or with the Department of Justice.

1 Answer | Asked in Constitutional Law for Pennsylvania on

Q: Can a school district be sued for invasion of privacy on a federal level

Robert Jason De Groot answered on Oct 20, 2015

No facts given means that we cannot answser.

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