Once a person allegedly violates their probation, a lot of the privileges that they were once entitled to are taken away. Of these privileges is a defendant's right to post bail. If Bucks county defendants have been arrested while on probation in Bucks County, their probation judge located in the county seat, Doylestown, can issue them a detainer. People in these circumstances oftentimes pursue a legal professional to learn more about detainers and their role in his or her's case. For the purposes of this article, we will address (1) what a probation detainer is, (2) and how it can be lifted with the assistance of a competent Bucks county defense attorney.
What is a probation detainer?
When a defendant is arrested while on probation for allegedly committing a crime, a judge has the authority to keep them in prison while stripping the option of posting bail. Even if a defendant has the money to make bail, they won't be able to leave. An order to not release a person on probation once new charges arise is called a detainer. Defendants with a detainer will have to find a legal professional to address and ultimately file a motion to lift the detainer, or it will remain in effect until the new charges are mitigated - which could take a matter of months. If a defendant is found not guilty for the new charges they've acquired, then he or she will be able to be released, however, a guilty verdict will result in a probation violation hearing that will be scheduled within weeks. At the hearing, a judge oftentimes imposes a new sentence for the violation, such as a jail or prison term or an extended probationary period.
How do I get a detainer lifted?
Depending on the circumstances of a case, a defendant can potentially get their detainer lifted to fight these new charges on the outside rather than in custody. However, the only viable option to do so is to retain an attorney. A legal professional will be able to file a written motion that entails a defendant's probationary history, the details concerning the new allegations, and provide reasoning as to why a defendant should be permitted to fight these charges outside of a jail cell. Also, an attorney will be able to assess a defendant's case and highlight faults and weaknesses in the evidence against him or her to further justify the motion to life a retainer.
It's important to note that each case is highly individualized, therefore the chances of successfully lifting a detainer depends solely on a defendant's circumstances. When mitigation evidence is not compelling and the charges are not considered serious, the odds of getting a detainer lifted are increased. Letting an attorney aid you under any circumstances will maximize the likelihood of this occurring.
Bucks County Criminal Defense Attorney
If you have been issued a detainer due to an alleged probation violation, you should consult with an attorney immediately. Experienced attorney Joseph D. Lento has experience successfully lifting detainers for defendants located in Bucks County and throughout Pennsylvania. Contact him today for assistance.