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.

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.)

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

Although it may have many names, including driving under the influence (DUI), Driving After Imbibing (DAI), Driving While Intoxicated (DWI) drunk driving, and drunken driving, operating a car after using or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations in Pennsylvania.

How serious is DUI/DWI?

DUI/DWI is a serious problem. Hundreds of Pennsylvanians are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.

WHAT DUI CAN AFFECT

• Privilege to Go Hunting
• Buying of Firearms
• Carrying of Firearms
• Traveling out of the Country including Canada and Other Foreign Countries
• Automobile Rentals
• Car Insurance
• Privilege to Drive
• Criminal Record
• Career / Employment
• Professional License
• ATV/Boat Operation

Is it “safer” to drink beer, wine or hard liquor in excess?

None of them. Different types of drinks contain different concentrations of alcohol, or what may be called “proofs.” The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take “less” hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.

Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.

What is a blood alcohol content?

A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In Pennsylvania, if your BAC or BAL is above .08, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.

• You may still be charged with DUI/DWI even if your BAC or BAL is under .08

Do I have to take a breath analyzer test?

A breath analyzer test measures a persons BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under Pennsylvania law, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended for a minimum of one year. If you are later found to have not been intoxicated or impaired, your license may still be suspended as a result of your failure to cooperate.

Can I be charged with DUI/DWI for driving after taking drugs?

Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don get behind the wheel if you are taking any medications that are incompatible with safe driving.

What will happen if I have more than one DUI/DWI conviction?

What will happen to you depends upon what state you are in. In Pennslyvania, there is a “step-up” method for handling multiple DUI/DWI convictions for the same person. In Pennsylvania, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, a judge will order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits. See PA DUI Penalties for more information.

Are “alternative” penalties okay for DUI/DWI?

In many cases “alternative” penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, the District Attorney may be willing to put you into the Accerelated Rehabilitative Disposition program (ARD) where you will have a shorter period of license suspension (30-60 days vs. 1-2 years) and your record can be expunged (erased from the criminal records).

Should I get an attorney if I have been charged with DUI/DWI?

In Pennsylvania, you are required to have an attorney, and it is a good idea to retain one as soon as possible if you have been placed under arrest or charged with DUI/DWI, since these laws are strictly enforced. If you are faced with a DUI/DWI charge, a good Philadelphia DUI  attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.

The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation of operator’s refusal. Once received, PennDOT forwards order to operator that license shall be suspended, (30) days from date of correspondence. Operator has this time parameter, (30 days from correspondence date), to appeal to civil proceeding.

As of February 2, 2004 there are three categories a person will fall into based on the level of the alcohol in their system. There is

a) .08%-.099%

b) .10% – .159%

c) .16% and higher

Included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety. (AHSS). BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08% to .099%. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10% to .159%. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16% or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.

SECOND OFFENSE

BAC is .08% to .099%. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSE

BAC is .08% to .099%. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10% to .159%. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16% or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

If your accident occurs because of a negligent condition, you may be able to pursue a claim against the property owner or tenant to recover damages for your injuries (see Premises Liability). You can also pursue a claim for damages against a state, county, city or other public entity if your accident occurs on government-owned property such as a sidewalk or subway station (see Municipal Liability). Even if you believe that your actions partially contributed to your accident, it may be possible to receive compensation for the damages you suffered.

City and State regulations govern what damages can be recovered in a slip and fall or trip and fall case. One can attempt to recover damages from the party responsible for your accident for the following:

• Pain and suffering
• Limitations, embarrassment, depression, sexual difficulties and missed events and occasions that result from your accident
• Lost income due to your inability to work caused by the damages from your accident
• Medical expenses such as doctor visits, hospital stays and rehabilitation therapy
• Damaged property including the cost of clothing or other items damaged in the accident.

It is extremely important to keep a record of your injuries including any workdays or social occasions you are forced to miss as a result of your accident. Your economic and non-economic costs, as a result of the accident, will form the basis for your potential recovery.

Attorney Joe Mitchell handles these cases and has a thorough understanding of the Pennsylvania state and federal laws applicable to personal injuries resulting from such incidents. I have the resources to investigate the circumstances of your accident and demonstrate the fault of the responsible party. These measures include obtaining statements from the parties at fault before they have a chance to speak with their insurance company or lawyer and recording eyewitness accounts while the event is recent. In some cases, engineers or other experts will examine the accident site to determine if violations exist.

If you have been injured in a slip and fall or trip and fall accident or if you simply need more information, please contact us immediately at 215-557-7111.

Insurance laws and regulations, particularly those involving No-Fault benefits, can be challenging to understand and reimbursements of expenses can be difficult to obtain. Insurance companies don’t always inform you of and don’t always want you to know about their rules and regulations.

Greater Philadelphia, PA Sex Crimes Lawyer
Greater Philadelphia Rape and Molestation Lawyer

Attorney Joe Mitchell has represented individuals charged with sex crimes such as Internet sex crimes, child molestation, rape & statutory rape , indecent exposure, lewd act in public, sexual battery, possession of child pornography and solicitation for prostitution . The penalties for sex crimes range anywhere from unsupervised probation to fines, treatment programs, life registration as a sex offender, county jail and even state prison.

Sex offenses are serious crimes that require complex defenses. Attorney Joe Mitchell can help you if you are charged with a sex crime by:

• Arranging for bail, bail reduction, or for being released on your promise to return and appear in court
• Understanding the possible penalties and likely outcome of the case
• Hiring an investigator to interview witnesses and gather evidence favorable to your case
• Negotiating with the prosecutor for a reduction of the charges and sentence
• Presenting the best legal defense for your case and challenge the prosecutor to prove its case
• Seeking alternative sentencing programs such as house arrest (electronic monitoring), residential treatment, counseling, and informal probation

Attorney Joe Mitchell can help defend you against these serious charges. Call the office and arrange for a free consultation to discuss the specific facts of your case.

Greater Philadelphia Child Molestation Lawyer

Greater Philadelphia Child Abuse Attorney

Child molestation/abuse is a crime that may carry a lasting social stigma and serious legal consequences. Those accused of these crimes are despised, ostracized and shunned by society. Even the mere mention or suspicion of this type of crime is enough to have someone run out of the community. Society views these types of crimes to be far worse than most criminal charges. Keep in mind that a conviction on these charges could mean a lifetime registration as a sex offender.

It is important that you entrust your case to an attorney who understands the law on these cases and knows how to approach and defend against these difficult cases. Attorney Joe Mitchell understands these cases and has defended many individuals accused of these crimes in Los Angeles. He has successfully defended against many cases involving false accusations by children and has kept a number of individuals falsely accused from going to prison for long periods of time.
Child Molestation Charges are a Serious Matter!

Please call my office if you are:

• BEING ACCUSED/SUSPECTED OF CHILD MOLESTATION or
• BEING INVESTIGATED FOR SUSPECTED CHILD MOLESTATION or
• CHARGED FORMALLY WITH CHLD MOLESTATION

Contacting an Attorney

It is especially important early on in the case to obtain an attorney. Whatever you do, do not attempt to handle this matter on your own or by seeking advice from family members. Do not talk to law enforcement if you are being investigated. You have a constitutional right not to talk to law enforcement. Anything you say can and will be used against you! Obtain an attorneyto guide you through this difficult situation.

CALL THE OFFICES OF ATTORNEY JOE MITCHELL AND SPEAK TO A QUALIFIED AND EXPERIENCED ATTORNEY FOR A FREE CONSULTATION. He is available to meet with you and your family to discuss the specific facts of your case privately and confidentially.