Ask a Question

Get free answers to your Constitutional Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Constitutional Law Questions & Answers
Q: I need to find case law defending against 5503 a(1) (2) (3) (4). I have a couple days to find c.l. but I'm not sure...

...sure how to locate any. I was assaulted on my property by a cop for recording, he broke my property

and he refused to identify. My reaction was provoked. There was no intent on my part to be disorderly. Any help you can offer would be greatly appreciated.. thanks

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

you need to find an attorney. As you may have a possible civil case, contact the ACLU, ask to talk to someone who handles "police misconduct" cases, ask them for names of their "cooperating attorneys." Speak to one or more of those.

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I an getting calls from discover credit card they are threatening to sue me for non payment im on disability and c

Can't repay what they want what can I do

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

First, get a piece of paper or a notebook.

Whenever you talk to them write down the date and time. Get the name of the person you are speaking with. If they say they can't give their name, ask how they identify themselves. Explain that you don't know who you are speaking...
View More

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Constitutional Law and Education Law for Pennsylvania on
Q: Is there any legal recourse for my child's School failing to educate him during the pandemic, inadequate communication

They didn't properly instruct him on how to use the online learning

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2021

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It does not seem like something that an attorney would handle as anything other than an hourly basis, and you probably don't want that. This issue is occurring nationwide and children are having... View More

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... View 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... View 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... View More

Ryan L Hyde
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... View 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... View 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... View More

Ryan L Hyde
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... View More

View More Answers

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... View 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... View 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... View 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... View 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... View 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... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View 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... View More

Ryan L Hyde
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... View 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?
Ryan L Hyde
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.... View 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.