When a person is placed on probation in Delaware County, there are certain things that they are not allowed to do. Being arrested while on probation is a violation that may result in serious repercussions. One of the major obstacles that defendants tend to be concerned about is being issued a detainer. They oftentimes seek the help of a legal professional to learn about the functionalities of detainers and the role that it will play in the outcome of their case. For the purposes of this article, we will provide a brief overview of (1) what a probation detainer is, and (2) how it can be lifted with the help of a Delaware County defense attorney.
What is a probation detainer?
A probation detainer is an order from a probation officer that prohibits a defendant from posting bail and being released from prison or jail before his or her new charges are resolved. This order remains even if a defendant may have the money to make bail. 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. In the event that a defendant is found not guilty of a case, he or she will likely be immediately released. However, if a defendant is found guilty of the new charges, a probation hearing will be scheduled in the upcoming weeks. At the hearing, a judge will impose a new sentence for the new violation. This sentence typically includes either an extended probationary period or a jail time.
How do I get a detainer lifted?
In some situations, defendants can possibly lift a detainer to fight the new charges against them while out on bail. However, the only way to do so is through an attorney. Retaining a skilled attorney who has experience filing successful motions for a lifted detainer is a defendant's best bet in the pursuit of release from jail or prison. An attorney can help a defendant file a written motion that includes important information, such as their probation history, details about the new allegations they are facing, reasons why they should be allowed to fight outside of police custody. An attorney can also assess the faults and weaknesses of the evidence against a defendant to further support the motion.
Delaware County Criminal Defense Attorney
If you have been issued a detainer as a result of an alleged probation violation, is crucial that you immediately speak to an attorney. Skilled legal professional Joseph D. Lento has extensive experience filing successful motions to get detainers lifted for defendants in Delaware County and throughout Pennsylvania. He's worked with judges in the county seat, Media, to ensure that his client's rights are properly defended. Contact him today for help.