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.
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
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.
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.
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.