how does a lawyer submit a motion for a probation etainer lift

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.

Full Answer

How do I get a probation detainer lifted?

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.

What is a motion to lift a detainer?

Feb 17, 2019 · The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site.

How long does it take to get a detainer lifted?

That is very easy to do. On the day of the listing, the lawyer will appear along with the defendant, a lawyer from the DAs office, the probation officer and the judge. The defense attorney then must convince the judge as to why the detainer should get lifted. Some judges are very very difficult about detainers.

How long does it take to file a motion to remove detainer?

Apr 25, 2017 · This will typically require retaining counsel to file a motion to lift a detainer. The motion to lift a 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.

How do you lift a detainer in PA?

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.

How long does it take for a detainer to be lifted Philadelphia?

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

How do I get a detainer lifted in Delaware?

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.

What is a detainer in Pennsylvania?

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

How do I get a detainer lifted in Philadelphia?

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.

What is a detainer in criminal justice?

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.

How Does Parole Work in PA?

Per Act 122, the length of stay is up to six months for the first violation, nine months for the second violation and one year for the third and subsequent violations; eligible for automatic reparole at the end of stay. Parolee reports to parole supervision staff within 24 hours.

What is probation detainer?

A probation detainer is an order from the defendant's probation judge directing the prison system not to release the defendant. When a person who is on probation for some previous offense is arrested on new charges, in most cases, the defendant's probation officer will lodge a detainer prior to the defendant going through preliminary arraignment. ...

How long does it take to get a hearing in Philadelphia?

If the judge is inclined to schedule a hearing, it is often possible to get a hearing in Philadelphia within a couple of weeks. If the motion is successful and the judge agrees to lift the detainer, then the order could be issued and the defendant released on the day of the hearing. In the suburban counties, it could take one or two months ...

What happens if a felony is dismissed?

For example, if felony charges are later dismissed and the defendant is left facing only misdemeanor charges, it may be worth asking the probation judge to reconsider an initial ruling denying a motion to lift a detainer.

Can a detainer be lifted?

We can never guarantee that a detainer will be lifted, but in many cases, it is worth filing the motion and asking the judge for a hearing. In some cases, the judge will lift the detainer and the defendant will not have to remain in custody until trial.

What is a motion for early termination of probation?

A motion is a written request for early termination of probation and may or may not require a hearing in court. Motions and briefs filed in court must comply with the state and local court rules. The prosecutor or probation officer may oppose early termination and file a brief response, arguing against the motion. At the time of the hearing, the prosecutor may appear and argue against the motion. The judge will read the pleadings and listen to the arguments before he or she makes a decision. The outcome may depend on which lawyer is more prepared and persuasive.

What are some examples of probation that a judge can remove?

For example, terms and conditions of probation can be removed or changed. Drug and alcohol testing, mental health therapy, tether, house arrest, educational programs, community service, and curfews are examples of terms of probation that a judge has the power to discontinue. In cases where a judge declines to discharge a defendant from probation, he or she may also consider making probation nonreporting. In most cases, this means that the judge eliminates all terms and conditions of probation, and the only remaining requirement is that the defendant not commit any new criminal offenses. In effect, this is just like a discharge from probation. For example, a modification to non-reporting probation without any terms and conditions might be ordered if the defendant has made reasonable attempts to pay restitution, but there is still an outstanding balance.

What happens if you violate probation?

Hardships to the defendant or the defendant’s family as a result of the probation. Seeking Discharge from Probation Following a Probation Violation. If the defendant has violated the terms of probation at any time, this will make it more challenging to achieve an early discharge. However, a prior violation of probation does not preclude ...

Why is probation important?

Probation is supposed to provide structure while a defendant takes steps to get his or her life in order. If continued probation is making things more difficult for the defendant to progress and be rehabilitated, a judge will be hard-pressed to deny a motion for early termination.

What does a free consultation mean?

The defendant will usually need to establish that he/she has successfully paid all fines and restitution, completed all counseling requirements (alcohol, anger management, etc.), and finished any community service requirement.

How long is a misdemeanor probation?

The maximum term of probation for a misdemeanor is two years and up to three years for most felony offenses. If the judge finds a specific rehabilitation goal hasn’t been achieved, or there is an ongoing risk of harm to a victim, felony probation can be extended by the Court for up to two additional one-year terms.

What happens if a judge denies a motion?

If the judge denies the motion and automatic consideration was not mandatory, the judge is not required to explain the reasons for not granting the motion. If the motion is granted, probation is terminated, and the defendant is no longer under the court’s supervision.

TYPES OF PROBATION VIOLATIONS

If you have entered a guilty plea on a case for probation, you likely felt a sense of relief from the fair resolution of your case without jail time. This sense of relief can turn into a sense of dread if you are accused of violating conditions of your probation or parole.

WHAT ARE THE TYPES OF PROBATION VIOLATION HEARINGS?

A Gagnon I hearing is a hearing to determine whether or not a person should be held in jail until the final violation hearing, or Gagnon II hearing is held. At a Gagnon II hearing, the sentencing judge determines what punishment to impose as a result of the violation.

WHAT IS A MOTION TO LIFT OR TRANSFER DETAINER?

If a person is being held in jail until their final violation hearing, the only way to seek their release from jail is to file a Motion to Lift or Transfer Detainer. In this motion, the attorney asks for the Judge to release someone from jail until their final Gagnon II hearing.

Robert C. Keller

I agree with Mr. Jones. The PO must be contacted immediaately. Your boyfriend needs a competent criminal attorney to move this case forward. It should be brought before the Judge to try to have him released by Christmas.#N#More

William A. Jones Jr

I would urge you to contact his PO immediately to make sure they are aware of the withdrawal of the misdemeanor charge and substitution of the summary Disorderly Conduct. His PO may be willing to have the detainer lifted under these circumstances.

What is a probation detainer?

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 ...

What is a bench warrant?

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 ...

Can a detainer be lifted?

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.