Nees advice Attorney/Lawyer Philadelphia area

[Daycrawler]

Did this person consider making a complaint through Phila PD's internal affairs?

IA wont do anything for the civil rights violations. He needs a real lawyer who specializes in gun law.

[streaker69]

IA wont do anything for the civil rights violations. He needs a real lawyer who specializes in gun law.

Pretty much doesn't matter what the complaint is to IA.

[Carson]

All,

If anyone doesn't want to post, they can PM me or email me at tdennis54@yahoo.com

What happened to the Glock ?

[Carson]

They probably still use film and flash bulbs too.

Only after they draw a chalk outline around your dead body.

We upgraded to digital cameras, but we still use chalk and those yellow plastic thingys with numbers on them.

[GunLawyer001]

Absolutely agree that Phil is worth of serious consideration.

On the other hand, if the strategy you suggested is the one preferred by the affected party, he probably shouldn't bother calling Phil, because that's not his style (and I'm not suggesting that fact is on the "con" side of the comparison list).

Not sure what this means.

Since it's Philly, I'd recommend this guy.

Bill


Jon S. Mirowitz
161 E Duncannon Ave
Philadelphia, PA 19120-3511

(215) 324-0603

Jon's a good guy. He was one of the lawyers who won the Philly settlement, and he was on the winning side in the litigation between the lawyers afterwards. Jon's a winner.

[TaePo]

I guess my question on the matter is if the arrest is still valid or not. In other words, should they have realized the exception and terminated the arrest immediately and restore the person to their pre-arrest status (except the time wasted of course)? Or can that only be done once you are in front of a judge? Does it also require them to run a background on you or check with the Sheriff's office or Chief law enforcement officer to ensure you are able to get (or already renewed) a LTCF?


I guess I am really asking at what point does the exception kick in?


I just renewed in Venango County. Walked in, gave my prefilled application, paid $20 cash, received laminated LTCF. Maximum of 5 minutes of my time. Oh, and then I walked out!

[GunLawyer001]

I guess my question on the matter is if the arrest is still valid or not. In other words, should they have realized the exception and terminated the arrest immediately and restore the person to their pre-arrest status (except the time wasted of course)? Or can that only be done once you are in front of a judge? Does it also require them to run a background on you or check with the Sheriff's office or Chief law enforcement officer to ensure you are able to get (or already renewed) a LTCF?


I guess I am really asking at what point does the exception kick in?


I just renewed in Venango County. Walked in, gave my prefilled application, paid $20 cash, received laminated LTCF. Maximum of 5 minutes of my time. Oh, and then I walked out!

Depends on what you mean by "valid". He could probably petition and have the records of the arrest expunged, if they aren't going to prosecute. I wouldn't do that until determining whether a Sec. 1983 action is worthwhile, though.

The burden is on the Commonwealth to prove that a person is unlicensed, if they allege that he's carrying concealed or in a vehicle without a license. Being licensed is not an exception, being unlicensed is an element of the offense.

[abner13]

I am outraged,

I frankly think as an older white suburban guy I wouldn't have received the same treatment and want him to pursue this.


Tim

White privilege in Philly?

[PAMedic=F|A=]

What are you expecting a lawyer to do?

Make them say "I'm sorry, our officers need more training. We let him go so what is the problem?"

Honestly, Philly is already under a couple court orders for civil rights violations related to firearms. Given their long history of abuse I think it would be more then proper for a lawyer to ask and a judge to strip philly of any right to be involved in any case that involves firearm. Person carrying a gun interacts with Philly PD? Better call a State Trooper to supervise them.

Pennsylvania has a long and dark history of local police abuse, and it is the reason the Pennsylvania State Police were founded in the first place.

[Carson]

Depends on what you mean by "valid". He could probably petition and have the records of the arrest expunged, if they aren't going to prosecute. I wouldn't do that until determining whether a Sec. 1983 action is worthwhile, though.

The burden is on the Commonwealth to prove that a person is unlicensed, if they allege that he's carrying concealed or in a vehicle without a license. Being licensed is not an exception, being unlicensed is an element of the offense.

Strictly my personal opinion, I have no knowledge of the incident. Most likely he was never ‘booked’, never officially arrested. So there is nothing to expunge. After he was taken to the detectives, it was figured out that there was no criminal violation.

Does he have a valid complaint, sure. But I don’t think he has to worry about getting a lawyer to get a record expunged.

I still am curious as to whether the firearm was returned or confiscated?