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Pennsylvania Gov & Administrative Law Questions & Answers

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 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 -- or even...
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Q: If a policy holder is a risk class: non- tobacco and has used tobacco under contract, can this person be prosecuted

Pertaining to medicare supplement insurance.

Peter N. Munsing answered on Apr 19, 2019

Not prosecuted but if it turns up in the medical records they could drop you or re-rate you. Sorry, the person.

1 Answer | Asked in Bankruptcy, Tax Law, Collections and Gov & Administrative Law for Pennsylvania on

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

My husband is currently disabled and we have had no income now for months. Until he can get any kind of help we have to pay to get our prior taxes done for his corporation (he no longer has - due to not being able to walk anymore); before we can do our personal taxes.

The only way to... Read more »

Timothy Denison answered on Jan 30, 2019

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.

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 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, Gov & Administrative Law and Legal Malpractice for Pennsylvania on

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

Cary B. Hall answered on Jun 18, 2018

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...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on

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

Peter N. Munsing answered on Feb 20, 2018

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

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.

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, Criminal Law and Gov & Administrative Law for Pennsylvania on

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

They have use police to remove speakers for speaking out. I violated something for reading board minutes, a veteran was removed by police for pointing out hypocrisy. On one occasion I (the press) was removed by police, the police escorted me out, we discussed the situation and he allowed me to... Read more »

Peter N. Munsing answered on Oct 25, 2017

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.

1 Answer | Asked in DUI / DWI, Employment Law, Gov & Administrative Law and Health Care Law for Pennsylvania on

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

Evaluation was done in NY where incident occurred, but only saying it's too old. Clean record since. No issues. Just moved to PA from NY and applying for license here in PA. Left NY license in good standing after finishing legal process.

Peter N. Munsing answered on Aug 31, 2017

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.

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

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 yr. and 3 mo. I filed motions while incarcerated on grounds of 2255 and 3553 and other rules that the courts shafted me . I want to sue the third dist court of Allentown , Pa. this has taken away extra years of my life, because of their mistake upon the rules and sentencing guidelines. I think... Read more »

Peter N. Munsing answered on Jul 18, 2017

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.

1 Answer | Asked in Elder Law, Traffic Tickets and Gov & Administrative Law for Pennsylvania on

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

My Father-in-Law is 90 yrs. old and has dementia. Back in 2014 he received a "Notice of the Recall of your Driving Privilege" He has not sent his license in and thinks he can still drive. What is the financial penalty or is there a financial penalty for not sending his drivers license in.

Brian Lehman answered on Jan 24, 2017

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,...
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Pennsylvania on

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

Trial isn't until another 2 months and they offered a plea deal. Also there is no new evidence that the defense doesn't already know about.

NiaLena Caravasos answered on Dec 18, 2016

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,... Read more »

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

What is the min of employees Pennsylvania allows in a paid fire dept.

Peter N. Munsing answered on Dec 8, 2016

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.

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Pennsylvania on

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

Peter N. Munsing answered on Aug 23, 2016

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.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Pennsylvania on

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

Robert Jason De Groot answered on Oct 25, 2015

More facts are needed to answer your question. Go see a local private criminal defense attorney about this.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on

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

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

Rachel Lea Hunter answered on May 10, 2014

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...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on

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

Jake Causing Santos answered on Jun 3, 2012

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... Read more »

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