Lifting a Detainer in Chester County

An alleged probation violation has the potential to severely limit your opportunity to fight your new charges. In Chester County, the privileges that a person was once entitled to before being placed on probation may be taken away. Of these privileges is a defendant's right to post bail. Judges located in the West Chester county seat, have been known to issue detainers. Defendants in this circumstances oftentimes feel compelled to seek out a legal professional to learn more about the logistics of detainers and its role in his or her's case. For the purposes of this article, we will address a brief overview of (1) what a probation detainer is and (2) how it can be lifted with the help of a Chester County criminal defense attorney.

What is a probation detainer?

An alleged violation of probation occurs when a defendant is found responsible for a crime during the probationary period. When a judge first receives notice of an arrest and acquired charges, he or she has the authority to strip a defendant's option of posting bail. Even if a defendant has enough money to make bail and be released, they won't be able to leave. This order is known as a detainer. Defendants with a detainer will have no choice but to find legal representation that will address and ultimately file a motion to lift a detainer. If they fail to do so, it will remain in effect until the new charges are resolved. This means that a defendant could spend weeks to months in a prison waiting for their case to be mitigated. If a person is found not guilty for the new charges they've acquired, then they will be released, however, a guilty verdict will result in a probation violation hearing that will be scheduled in the coming weeks. At these hearings, judges usually impose a new sentence for the violation, such as an extended probationary period or a jail or imprisonment term.

How do I get a detainer lifted?

The likelihood of getting a detainer lifted is dependent on the circumstances of a case. However, in order to increasingly maximize a defendant's chances, he or she must retain an attorney. A legal professional will be able to file a written motion that includes important details, like a defendant's probation history, the new allegations they are facing and the reason why they should be released to defend these charges on the outside, rather than in custody. How compelling the evidence is against a defendant as well as the degree of seriousness the charges are will all be taken into account in the judge's decision to lift a detainer.

Chester County Criminal Defense Attorney

If you have been issued a detainer because of an alleged probation violation, you should immediately consult with an attorney. Skilled legal professional Joseph D. Lento has experience getting detainers lifted for defendants located in Chester County and throughout Pennsylvania. Contact him today for help.

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Attorney Joseph D. Lento has nearly a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania and New Jersey attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, Outside of Pennsylvania and New Jersey, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance is educational advice, and does not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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