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Pennsylvania Gov & Administrative Law Questions & Answers
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
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
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
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
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
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... 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
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
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
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
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
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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