Philadelphia Return of Property Petitioning

After an arrest, the Police sometimes take your property as evidence or to assist in their investigation.  It may surprise you, but this property is not always returned automatically.  If the Police are holding your property, don’t give up…you have options!  In order to try and retrieve your property, you can file a Return of Property Petition (Form 01-206).  See the instructions below to learn how to file such petitions in Philadelphia County.

Note: If the property you seek to have returned is a gun or money, you should contact an attorney, as the retrieval of such property can be complicated.  Why not call my office?  I have more than 20 years of experience in these matters.

I.What You Need:

First, you’ll need a copy of the petition forms.  They can be downloaded here: http://www.courts.phila.gov/pdf/forms/criminal/01-206-Return-of-Property.pdf

You will also need the following: a copy of the Police Property Receipt, Case Number, Police Photo Number, and case disposition. When your property was seized by the Police Department, a Property Receipt was issued to you. For each property receipt, you must file a separate petition.

Once your petition is filled out, you will need to get the petition notarized by a notary.

II. Filing Your Petition

You should file the original Petition and 2 copies in Room 206 of the Criminal Justice Center (The filing fee is $12.50). The Motions Clerk will list the Petition for a status listing at 9:00 A.M. in courtroom 478 City Hall within thirty (30) days. The District Attorney’s Office will investigate the facts of your case.

III. Representation

You may represent yourself or you may hire an attorney to represent you at the status listing. An Attorney will not be appointed for you, nor will the hearing be continued for you to get a lawyer. If you fail to appear at the conference listing, your petition will be dismissed and your property forfeited to the Commonwealth. You are the responsible moving party in this petition, so be prepared to move forward.

IV. After The Petition Is Granted

If your Petition is granted by the Judge, you will receive a Short Certificate from the Court Clerk or Trial Commissioner, or you may be sent to Room 206 of the Criminal Justice Center for a Certified Copy of the Order and Petition.

V. Getting Your Property Back

With the paperwork, proceed to the Police Evidence Unit in Room 715 of City Hall, where your Property may be returned to you or further instructions will be given to you. The Police Evidence Unit will require proper identification, such as a Driver’s License, Birth Certificate, Employment Identification Card, or similar substantial identification. If the property is a vehicle, the storage Fees are stopped at the time of filing.

Philadelphia Prison Visiting Information

Philadelphia Prison Visitor Information

I know how important it is to the family members of the accused that they be able to stay in touch with their loved ones.  For this reason, I have included the visiting hours and information for the various prisons within the Philadelphia Prison System below.

Note: The only holiday visits that are allowed are Thanksgiving, Christmas and New Year’s.

I. Important Things to Know When Visiting Prisons:

Visitors must present valid photo identification, such as a passport, driver’s or non-driver’s license, or foreign consular identification card. Minors may visit only when accompanied by a parent or guardian, and some proof of relationship, such as birth certificate, must be presented. No more than two adults and two children may visit at one time. All visitors will be searched prior to entering the visiting area.
Visitors may not wear transparent or revealing clothing. Hooded clothing, halter-tops, tank tops, crop tops, white tee shirts, miniskirts, hot pants, and shorts are not permitted. Tops exceeding hip length must be worn with spandex tights or stretch pants. Bermuda shorts are permitted.

II. How can I Find Out an Inmate’s Location and Photo ID Number (PID) Information?

Note: For location and ID number information, please try the link to the Philadelphia Inmate Locator, available here: http://www.phila.gov/prisons/inmatelocator/InmateLocator.aspx

Call (215) 685-8394, (215) 685-8395, (215) 685-8396, (215) 685-7957, or (215) 685-7958. Spanish-speaking persons may call (215) 685-8692. The office is open 24 hours per day, 7 days per week. To avoid peak calling hours on weekdays, call before 9 a.m. or after 7 p.m. An inmate’s Photo ID number never changes. The same PID number is retained throughout an individual’s entire criminal career.

III. What Items May I Bring to the Inmate I am Visiting?

CIVILIAN CLOTHING EXCHANGES FOR COURT, MAY BE MADE ONLY ON THE INMATE’S LETTER-DESIGNATED VISITING DAY, SEE THE VISITING TIMES LINK!
Approved Items – Item Limit
Prescription eyeglasses, dentures, prosthesis after approval by the health-care provider
Shoes and sneakers will NOT be accepted.
Books, magazines, or periodicals will be accepted ONLY WHEN SENT DIRECTLY BY THE PUBLISHER OR COMMERCIAL DISTRIBUTOR.

IV. How May I Make a Deposit to an Inmate’s Account?

Deposits can be made via the internet; Keefe -Access: www.accesscorrections.com
Also a visitor may make a deposit only to the account of the inmate being visited. Cash can be placed in the KIOSK during the hours of 7:00am to 9:00pm. Money orders may be left at anytime in the drop box located in the lobby area see the officer.

Cashier hours:
Alternative & Special Detention – 9:00am to 2:00pm
Curran-Fromhold Correctional Facility – 7:30am to 7:30pm
Detention Center – 9:00am to 2:00pm
House of Correction – 9:00am to 2:00pm
Philadelphia Industrial Correctional Center – 8:00am to 2:00pm
Riverside Correctional Facility – 9:00am to 2:00pm
In addition, deposits may be made to inmate accounts via money order or certified check sent through the U. S. Mail. Personal, welfare, and supplemental income checks are not accepted. DO NOT MAIL CASH. Be sure to include the inmate’s name and prisoner identification number (police photo number) and the sender’s return address.

V. Visiting Times

Inmates may receive one hour of visits per week. One-half hour must be on the inmate’s letter-designated visiting day; the other visit may take place on any other visiting day.

VI. Visiting Days

If the inmate’s last name begins with: His or her designated visiting day is:
A, B, or C Monday
D, E, F, G, or H Tuesday
I, J, K, L, or M Wednesday
N, O, P, Q, R, or S Thursday
T, U, V, W, X, Y, or Z Friday

VII. Visiting Hours

CURRAN-FROMHOLD CORRECTIONAL FACILITY (CFCF)
Visits are permitted from 9 am to 9 pm – Monday through Friday. All visitors must sign in by 7:30 pm. Inmates must obtain unit manager’s approval for clothing exchanges at least 3 days in advance before the regular visiting day. Cashier hours are from 9 am to 8:30 pm – Monday through Friday. For more information call (215) 685-7843.

DETENTION CENTER
Visits are permitted from 10 am to 6 pm – Monday through Friday. All visitors must sign in by 4:30 pm. Clothing exchanges may be made before 1:30 pm and inmates must obtain captain’s approval 3 days in advance before the regular visiting day. The cashier is open from 10 am to 2 pm – Monday through Friday. Call (215) 685-8436 for further information.

HOUSE OF CORRECTION
Visits with inmates are permitted from 10:00 am to 6:00 pm – Monday through Friday. All visitors must sign in by 3:30 pm. Cashier hours are from 9:00 am to 12 Noon and from 1:00 pm to 2:00 pm – Monday through Friday. Clothing exchanges must be made before 6:00 pm. The only holiday visits that are allowed at RCF are: Thanksgiving, Christmas and New Years. For more information call (215) 685-8215.

PHILADELPHIA INDUSTRIAL CORRECTIONAL FACILITY (PICC)
Juvenile visits are permitted from 3:00 pm to 6:00 pm – Monday through Friday. All visitors must sign in by 4:45 pm. Cashier hours are from 9:00am to 12 Noon and from 12:30pm to 2:00pm – Monday through Friday. Clothing exchanges must be made before 5:00pm. The only holiday visits that are allowed at RCF are: Thanksgiving, Christmas and New Years. For more information, call (215) 685-7100.

ALTERNATIVE AND SPECIAL DETENTION FACILITIES
Inmates must obtain prior approval for clothing exchanges. Approved exchanges will be accepted only during visiting hours. For more information, call (215) 685-8309.

CENTRAL UNIT,  MODULAR III AND CANNERY
Visits are held at the House of Correction, 8001 State Road, Philadelphia, PA 19136 from 9 am to 3 pm – Saturday and Sunday. All visitors must sign in by 1:30 pm. For more information, call (215) 685-8309.

CAMBRIA COMMUNITY CENTER
Visits are held at the Cambria Community Center, 2815 North 17th Street, Philadelphia, PA on Saturday and Sunday from 9 am to 3 pm. All visitors must sign in by 1:30 pm. For more information, call (215) 685-9531 or 9536.

UNIVERSITY AVENUE FACILITY
Visits are held at 600 University Avenue, Philadelphia, PA from 11 am to 3 pm -Saturday and Sunday. For more information, call (215) 685-8309.

RIVERSIDE CORRECTIONAL FACILITY

The Visit Schedule at Riverside Correctional Facility is Monday through Friday, from 10 am to 6 pm. All potential visitors must sign-in/register in visiting Trailer across from CFCF from 9:30 am until 5:00pm. Cashier operating hours are 10:00am to 2:00pm – Monday through Friday. Clothing exchanges are permissible, but requests for the exchange must be submitted 3 days before the regular visiting day for approval. The only holiday visits that are allowed at RCF are: Thanksgiving, Christmas and New Years. No more than 2 adults and two children may visit at one time. A parent or guardian must accompany anyone under the age of eighteen (18). For more information, call 215-685-8956 (visiting trailer) and 215-685-6911 (RCF visiting lobby.)

Great News in the DUI World!

Commonwealth v. Patrick A. Haag, Sr J-41-2009 (10/23/2009)

Topic: DUI – Prior Offenses

Summary: For a DUI offense to be a second or subsequent conviction for sentencing purposes, the offender must be convicted of the prior offense before committing the second or subsequent offense.

http://www.aopc.org/OpPosting/Supreme/out/J-41-2009mo.pdf