Pennsylvania Gov & Administrative Law Questions & Answers

Q: PA-What's the Tax Penalty % for "Early W/Draw" of a Pension Plan? Also with "E W/D" can the IRS claim $ owed 4 yrs prior

1 Answer | Asked in Bankruptcy, Tax Law, Collections and Gov & Administrative Law for Pennsylvania on
Answered on Jan 30, 2019
Timothy Denison's answer
The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.

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?

1 Answer | Asked in Consumer Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Answered on Sep 26, 2018
Cary B. Hall's answer
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.

Q: Where is the criminal statute for practicing medicine without a license in Md What is the code number

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Jun 18, 2018
Cary B. Hall's answer
I can only answer as to Pennsylvania law. Title 18, section 4913 ("Impersonating a notary public or a holder of a professional or occupational license") is probably what you're looking for.

If you're looking for a similar statute in Maryland, I suggest posting your question in the Maryland law section. Best of luck to you.

Q: For New York state if I owe $1000 in arrears can they take all $6000?

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
not clear who and what and why this is under pennsylvania law?

Please re ask but with some facts.

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

1 Answer | Asked in Constitutional Law, Gov & Administrative Law, Internet Law and Criminal Law for Pennsylvania on
Answered on Dec 9, 2017
Peter N. Munsing's answer
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: Actions of a Pennsylvania state agency directly effected my ability to begin a job and earn income. Are they liable?

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Gov & Administrative Law for Pennsylvania on
Answered on Oct 25, 2017
Peter N. Munsing's answer
Not under the circumstances as you describe them.Were you able to get the ID?

Q: School board president is using police to oppress points of view that differ. Restricting free speech.

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Pennsylvania on
Answered on Oct 25, 2017
Peter N. Munsing's answer
Speech may be limited by time, place and manner. It sounds like things were getting a little out of hand. How much is hard to say, however if you feel that there was no reason for the removal,contact the Pennsylvania Civil Liberties Union.

Q: Clinical evaluation was done 1.23.2014, PA is saying that it's too old, and need to be done again.

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on
Answered on Aug 31, 2017
Peter N. Munsing's answer
Not sure what evaluation you need, but if you had some situation it was needed for Pa. and most states require that on reapplication you may need another.

Q: want to open my fed. case back up and sue the third circuit court of eastern Pa. . I been off of fed. supervised release

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
You can try the Pennsylvania Civil Liberties union but I will tell you that judicial immunity would protect any of the federal courts involved. I don't see that you have a case you can file for what you believe were rule violations as a result.

Q: What is the financial penalty for Section 1571 (a) (4)

1 Answer | Asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania on
Answered on Jan 24, 2017
Brian Lehman's answer
Usually $100 but it can be a misdemeanor or felony under other circumstances.

http://law.justia.com/codes/pennsylvania/2010/title-75/chapter-15/1571

(b) Penalty.--

(1) Any person violating the provisions of subsection (a)(1) through (4) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2) Any person violating the provisions of subsection (a)(5) commits a misdemeanor of the first degree and shall be sentenced as provided...

Q: The AUSA for the fed. gov. agrees to sit down and show the def. all the evidence they are going to present is it good/ba

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Pennsylvania on
Answered on Dec 18, 2016
NiaLena Caravasos' answer
This meeting that you describe is called a reverse proffer. It can be helpful for a defendant to understand the scope of the government's case. Keep in mind, however, that there is usually (but not always) additional discovery provided as you get closer to trial that would not be shown to you now, barring some special arrangement with the US Attorney's Office. You should discuss your situation with a highly qualified federal criminal defense attorney before deciding how to proceed.

Q: Local fire dept is wanting to hire more employees. This is a paid dept. Min. Of employees Allowed in pa.

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for Pennsylvania on
Answered on Dec 8, 2016
Peter N. Munsing's answer
You have regulations on staffing of certain vehicles but there isn't a set number of employees you need. This is a question dealing with interpretation of regulations, not a legal question.

Q: Can a judge say I am not allowed to speak with the court administrator or visit the courthouse? He has no grounds.

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Pennsylvania on
Answered on Aug 23, 2016
Peter N. Munsing's answer
If it's a judge of that Court you'd need to talk to a lawyer about it. You have a right to go to court via an attorney. Your right to physically be there can be limited if you have engaged in conduct for which a judge may exclude you. Suggest you contact the Pennsylvania Civil Liberties Union.

Q: Can a report from a doctor for marijuana use prevent me from obtaining my very first permit and license to drive?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on
Answered on Oct 25, 2015
Robert Jason De Groot's answer
More facts are needed to answer your question. Go see a local private criminal defense attorney about this.

Q: what law takes precedence if a PA state law conflicts with a ALJ ruling

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Answered on May 10, 2014
Rachel Lea Hunter's answer
You do not provide enough detail. An ALJ is an administrative law judge. These usually handled federal cases, like Social Security. In such case, the ALJ would be deciding matters of federal law not state law and there would be no conflict.

ALJs are like other judges - they do not make law. PA state law is PA state law and must be followed if it applies and the law is constitutional. There are several ways to challenge this - if the ALJ's ruling was recent, then file a motion for...

Q: Does a ruling from 3rd circuit bind the lower courts in the 5th Circuit?

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Answered on Jun 3, 2012
Jake Causing Santos' answer
No. A decision made in one Circuit is only binding on the lower courts in the same Circuits, not the courts in other Circuits. There are frequent cases when one Circuit interprets the same law in one way and another Circuit makes the completely opposite interpretation. This is regularly referred to as a "split among the Circuits." In such cases, splits are usually not resolved unless the U.S. Supreme Court makes a decision on the issue or Congress enacts new laws that makes the issue a moot...

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