When a defendant is facing an alleged probation violation and has been issued a detainer, they wonder how it will play a role in the outcome of their case. It's important that defendants understand the functionalities of a detainer and the process of getting one lifted in the county. For the purposes of this article, we will briefly address (1) what exactly a detainer is, (2) the types of probation violations that can land you one and (3) how you can get a detainer lifted with the help of a Montgomery County criminal defense attorney.
What is a probation detainer?
A probation detainer is an order from a probation officer that forbids a defendant from posting bail and being released from jail. This order remains intact even if a defendant has the entire bail amount. 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 a defendant's innocence is proven, the detainer will be lifted and he or she will be immediately released without a hearing. However, if a defendant is found guilty of the new charges, a probation hearing will be scheduled where a judge will impose a new sentence. This sentence likely entails an extended probationary period or time spent in jail or prison. The severity of the new sentence is dependent on the crime committed and the circumstances of a case.
Types of Probation Violations
There are a number of actions that people can commit that constitutes either a technical or criminal probation violation. Here are some of the most common violations that defendants may be accused of:
- An arrest or conviction for new criminal charges while on probation
- Failing a random drug test
- Not reporting to a probation officer
- Not completing community service hours
- Failing to pay restitution and court costs
- Not reporting to a probation officer
- Violating a “no contact” order etc.
How do I get a probation detainer lifted?
In certain circumstances, defendants may be permitted to lift a detainer and fight these new charges while out on bail. However, the only way to do so is through the assistance of an attorney. An attorney can help a defendant file a written motion that includes useful information, like prior probation history, some details about the new charges he or she has acquired and several reasons why they should be able to fight these charges outside of police custody.
Montgomery County Criminal Defense Attorney
If you have been issued a detainer as a result of an alleged probation violation, it is important that you immediately speak with an attorney. Our knowledgeable Criminal Law Team has extensive experience filing successful motions to get detainers lifted for defendants in Montgomery County and throughout Pennsylvania. Contact us today for help.
