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.