The PA Assembly is trying to circumvent a judicial order on commonwealth v. MUNIZ.
The PSP is no longer working in good faith to satisfy the MUNIZ-decision.
ACT 10 has emboldened the PSP to take as long as they like to do as they like to RSO’s in PA.
Going to a lawyer is going to be frustration you because ACT 10 is so new that lawyers have not caught up to speed on what it is violating.
A lawyer will try to deal with the PSP get up to speed when they are not the one to ask.
The lawyer has to have an understanding of this area of law that is new to the field.
The Pa assembly made ACT 10 to look CIVIL in form – and they will sing that when a lawyer bring up ACT 10 violation to have the court to thing that there is no punitive elements in the ACT 10 application of law to Pre-SORNA people.
The Reed case Lawyer is the best at understanding this. Mr. Sutton from Chester PA.
The best fighter is a Pro se complaints on an abuse of power under color of law.
The claim would be a suit not a mandamus. It would be a show cause writ to the court to show why Pre-SORNA people are under ACT 10 in their eyes.
The commonwealth will say the usual – ACT 10 is CIVIL not is a MUNIZ fix in the interest of public safety with no punitive results.
That sounds normal BUT BUT BUT Weaver v Gram a SCOTUS says different on balancing CIVIL LAW.
Civil laws must have equal form and effect.
If a law is civil in form – its effect in remedy has to equal a civil effect.
Civil effects are fines, money damages, judgments in declaration.
These are civil effects of remedy
But in ACT 10 – Up front it looks civil because the PA. Assembly wants it to be in form civil.
BUT BUT BUT its effect is criminal in that it gives jail as a remedy if the civil law is violated.
This has to be shown to a lower pa court. They will not buy it You will have to appeal PRO SE and make sure you object to the commonwealth’s position to not waiter the claim when it get to the next appeal court. You have to make it to the PASC court and there is where ACT 10 will fall on its face.
ACT 10 can only be over ruled by the PASC. . . . Not going to win a sound ruling in a low Pa. court.