The actual process of getting a detainer lifted is not all that difficult. However, convincing a judge to actually lift a detainer is a completely different subject. For example, an attorney can file a motion for a hearing with the prothonotary in the appropriate county and ask for a date before the judge.
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Nov 22, 2017 · Therefore, getting a detainer lifted will typically require retaining counsel to file a motion to lift the detainer. The motion to lift the detainer is a written motion which will set out the history of the defendant’s probation, the allegations in the new case, and the reasons why the defendant should be permitted to fight the charges from the street instead of from custody.
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Nov 12, 2016 · We will immediately review the dockets and ascertain whether you may be eligible for a motion to lift detainer. If such a motion makes sense we will work aggressively to have the defendant released as soon as possible. For more information, contact our Philadelphia criminal lawyers at 267-535-9776.
Philadelphia Detainer Lawyer. PHILADELPHIA DETAINER LAWYER MARK D. COPOULOS Philadelphia detainer attorneys play an important role. Defendants who are arrested on probation are placed on detainers. A detainer is a legal mechanism that prevents a defendant from being released from prison until he sees his judge. In order to remove the detainer a ...
The only way to be released from jail or prison is to file a motion to lift the detainer, which is only possible through the assistance of an attorney. If a defendant neglects to file a motion or it is rejected, he or she will have to stay behind bars for months while their case is being resolved.
The Philadelphia criminal lawyer may ask the judge to lift the detainer and reinstate the defendant's probation. If you have been arrested for a technical violation of probation contact an attorney immediately as you may be eligible for release with a detainer motion.
If the motion to lift the detainer is successful and the judge agrees to lift the order, then the defendant could be released on the day of the hearing. In the suburban counties, it could take one or two months to schedule a detainer hearing.Nov 22, 2017
The only way to solve this dilemma is to file a motion to lift the detainer, which is solely possible with the help of an attorney. If a defendant does not move for a detainer to be lifted, or is rejected after moving, he or she can be subjected to time in jail or prison for months before a case is mitigated.
If a person acquires a detainer in Pennsylvania, it basically means that if they go to jail they cannot get out, even if their family or friends post their bail.Nov 22, 2016
In the United States, a detainer in the context of criminal law is a request filed by a criminal justice agency with the institution in which a prisoner is incarcerated, asking the institution either to hold the prisoner for the agency or to notify the agency when release of the prisoner is imminent.
A probation detainer is an order from a probation officer that forbids a defendant from posting bail and being released from jail. This order remains intact even if a defendant has the entire bail amount.
There are a number of actions that people can commit that constitutes either a technical or criminal probation violation. Here are some of the most common violations that defendants may be accused of:
In certain circumstances, defendants may be permitted to lift a detainer and fight these new charges while out on bail. However, the only way to do so is through the assistance of an attorney.
If you have been issued a detainer as a result of an alleged probation violation, it is important that you immediately speak with an attorney. Knowledgeable legal professional Joseph D. Lento has extensive experience filing successful motions to get detainers lifted for defendants in Montgomery County and throughout Pennsylvania.
You can hire a lawyer in the jurisdiction where the probation detainer was issued and see if that attorney can negotiate a settlement / resolution which would allow for your son to be released. Unless that happens (the detainer being quashed) then your son will be released, but only to the custody of the jurisdiction which issued the detainer, which will pick him up, securelyt transport him and then take him before his Judge..
More information is needed as to what the detainer is for. It must be dealt with one way or another and an attorney is in a better position to find out the nature of the detainer and to contact the agency that put the detainer on him and resolve it. You can find qualified legal counsel using the Find a Lawyer tool on Avvo.
You should contact his attorney if you had one, or retain an attorney to best handle these matters. A motion obviously may need to be filed with the court.
Detainers are lodged by probation officers. When someone gets a detainer and go to jail there is no bail hearing. They stay in jail until the case the probation violation case is heard by a judge in Norristown.
What is a “probation detainer”? Answer: When a person is on probation and they do not obey the terms of their probation, the probation officer assigned to the case can asked that the person be locked up . The most common time when this happens is when the guy that’s on probation “catches a new case”. When this happens that person is required by law ...
In the meantime, the probation officer prepares what we think of as a “bench warrant”: something that can officially hold the alleged probation violator in jail until they go before a judge for a probation violation hearing. This bench warrant type thing, when used in the probation setting, is called a “detainer” because it serves as notice ...
This bench warrant type thing, when used in the probation setting, is called a “detainer” because it serves as notice for all law enforcement that come in contact with that person to “detain” them for being violation of their probation. Montgomery County probation violations almost always start with the “detainer”.
When this happens that person is required by law to contact his probation officer who may then ask them to report directly to the probation officer.
In very rare circumstances the detainer can be lifted and the person can leave jail as he waits for his probation violation hearing. Only a judge can “lift” a detainer and allow the person to go free.