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Pennsylvania Constitutional Law Questions & Answers
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?

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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
James L. Arrasmith
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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

James L. Arrasmith
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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

2 Answers | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I'm a felon on parole for a few years now and I live in Pennsylvania what I want to know is can I vote
Charles A. Pascal Jr.
Charles A. Pascal Jr.
answered on Feb 28, 2023

Yes. Only felons who are currently incarcera

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Pennsylvania on
Q: Final Judgements from a State Supreme Court.

Good Afternoon,

If a case is brought for review to a State Supreme Court, if the losing party chooses to, would the losing party be able or perhaps allowed to reargue to the respective circuit appellate court?

I understand that the State Supreme Court is the highest court in that... View More

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

The US Supreme Court is the next stop if the legal question involves a federal law or the U.S. Constitution

1 Answer | Asked in Child Support, Family Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: Plaintiff not present at Child Support Contempt of Court Hearing – Unconstitutional?

1. I appeared at Contempt of Court Hearing regarding Child Support but never filed an Entry of Appearance

2. Plaintiff was not present, I objected, it was overruled

3. Judge stated on the public record that the court adheres to all the laws of the Federal Constitution and the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2022

This asker posed this question on Avvo. This was the response:

This question leaves some unanswered question one of which is who is the obligee. Is the obligee the custodial parent or is it the government who obtained an assignment of the obligation. The impression from this narrative is...
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1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Pennsylvania on
Q: In Pennsylvania, do drivers have to provide their license, registration, & insurance information to police when stopped?

I was just pulled over by the police. I asked the officer to tell me what was the reason for the stop, however, he insisted I give him my ID before he'd tell me what was the reason for the stop. Come to find out, my registration expired ten days ago. As I explained to the officer, it was... View More

Timothy Kraeer
Timothy Kraeer
answered on Jun 11, 2022

Based on what you've written, I don't think you did anything wrong. Most officers, at least those I've interacted with, will run license plates randomly or really whenever they are driving behind someone. A lot of police cars are also now equipped with automatic license plate... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: I was pulled over in PA with marijuana and paraphernalia. What charges am I facing?

I was pulled over for registration being expired, the cop said he smelled weed and then searched my car after telling me if I don’t consent he would make me wait for a drug unit dog to come in. He found 8grams of weed, .5 grams of wax and some paraphernalia. ( I have me medical card for... View More

Mark Aaron Hinrichs
Mark Aaron Hinrichs
answered on Nov 21, 2021

Likely possession of both marijuana and paraphernalia. Depending on other circumstances, you could be facing additional charges. I suggest retaining an attorney to assist you and ensure any potential pentolites are kept at a minimum.

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I watched my loved one corpse be dragged down his staircase by the police, what should I do?

The officers in question, while preparing the body for transport to the medical examiner, dragged the man down the stairs and his girlfriend watched as he made impact upon each stair, they then pretended to take care once they noticed they were in our line of sight. One officer in particular was... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

It's not clear if that would be abuse of a corpse, but you may have a claim depending on a variety of factors. Contact an attorney in your area.

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: I was just fired for not complying with the mask mandate and i don't want to take the vaccine. What can i do ?
Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

You can file for unemployment, and contest the firing but you may likely not win. Using an N95 mask protects you and others. Vaccine likewise. I don't see anyone succeeding but that's just my opinion. As a heads up, expect no sympathy from the court, or anyone for that matter.

1 Answer | Asked in Civil Rights, Constitutional Law and Wrongful Death for Pennsylvania on
Q: Are police required to do welfare check-in on someone who may be in danger?

I called the police on August 11, 2021 because my father started he was in danger and was acting strange, I'm 30 minutes away so police department is much closer. They never went to check on him and the next day by 12:45 pm he was dead. is there anything I can do. I feel like he could have... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

It's hard to say without knowing more. Maybe the police contacted him and he was normal when they talked to him. They don't have an obligation to check on everyone. However an attorney who specializes in police actions would be the best bet to contact.

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Pennsylvania on
Q: Is “mutual combat” legal or even a legal grey area in Pennsylvania?

When I say “mutual combat” I mean mutually agreed upon fighting (without weapons), with set agreed upon rules, and witnesses with the intent of settling a dispute and not for any other malicious purposes.

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You cant settle things by violence legally.

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