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Pennsylvania Constitutional Law Questions & Answers
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
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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.

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

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Pennsylvania on
Q: bench warrant lifted before hearing motion to dismiss my charges.issued lawyer told me jury selection being resheduled.

I missed jury selection,my lawyer told me he was rescheduling it.now judge issued bench warrant will not lift it and wants to out me in jail.i have hearing to dismiss my charges but if I show up he will lock me up what do I do?

Gary Kollin
Gary Kollin
answered on Feb 11, 2019

Talk to your lawyer

1 Answer | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: In PA, do I need any type of license to sell a hunting shotgun privately? What is the process? Can I sell it to a felon?
Cary B. Hall
Cary B. Hall
answered on Sep 26, 2018

Try contacting your local Pennsylvania State Police barracks with your questions. They deal with and enforce most of the firearms laws in the Commonwealth. Better safe than sorry, right?

Best of luck to you.

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Pennsylvania on
Q: Are tolls unconstitutional 4 amendment 14 th And 10th
Cary B. Hall
Cary B. Hall
answered on Sep 26, 2018

Tolls, like highway tolls? No -- because if they were, you wouldn't still be paying them. Folks come up with all kinds of constitutional arguments against everything under the sun, and almost all of them get shot down by the courts. The ones that don't, you'll hear and know about.

2 Answers | Asked in Consumer Law, Criminal Law and Constitutional Law for Pennsylvania on
Q: Cases that involve the second amendment, particularly right to bear arms.
Cary B. Hall
Cary B. Hall
answered on Sep 11, 2018

You're looking for appellate court opinions in cases concerning the Second Amendment (which *only* deals with "the right of the people to keep and bear Arms")?

Your best bet is to do a Google search yourself and/or go spend some time in a law library. You won't find...
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