November 22, 2016 | admin WHAT DOES IT TAKE TO GET A DETAINER IN PENNSYLVANIA LIFTED

If a person acquires a detainer in Pennsylvania, it basically means that if they go to jail they cannot get out, even if their family or friends post their bail. You may be asking yourself “Why not? I paid my money?!” Well, the nature of a detainer is one where there are extenuating circumstances that will not allow the detainee to be released from behind bars. Many times, if a person violates their probation, a judge will issue a detainer for them. Or, if a person from another country commits a crime and is in the United States illegally, an immigration judge may issue one for that reason; called and ICE Detainer.

A judge is the only person that can lift the Pennsylvania detainer. Normally, it is the judge who issued it in the first place. But, in actuality, your chances of getting a detainer lifted are higher or lower depending on the seriousness of the crime and your overall circumstances. They look at everything from the current offense, how many prior offenses you have, how many times you may have violated your probation in the past, and your overall attitude and conduct. Sometimes, it may very well be the mood the judge is in that day that will determine if your detainer is lifted.

For example, if your detainer is for probation violation, the judge may decide to lift or not lift a detainer based on if the violation was one that was technical in nature, or if it was a direct one. Being that technical violations are less serious crimes, these criminals have a better chance of having theirs lifted. These minor infractions may include, say, a failed urinalysis while on probation, or a situation where the parolee missed a meeting with their parole officer.

If the parole violation was a direct one, it means that the parolee acquired a whole new conviction. If they were, say, caught with drugs and got a possession charge, or were brought up on homicide charges, chances are they will remain detained. There are, of course, many other situations where a detainer in Pennsylvania can be issued, such as if a person was absent without leave from the military at the time when they were apprehended by police. Whatever the reason for the detainment, the offender will always have a better chance of getting theirs lifted with an aggressive and knowledgeable criminal defense attorney by their side who can file the petition and ask that the case be schedule at the earliest possible date.