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Philadelphia Probation Detainer Lawyer

Probation Detainer Attorney in Philadelphia, PA Seeking Release From Custody Holds Throughout Southeastern Pennsylvania

When a person on probation is arrested for a new offense, his or her probation officer will often request a probation detainer, which if granted, will prohibit the defendant from release on bail. Probation detainers can make it difficult for a defendant to formulate a defense strategy or get their affairs in order prior to trial. If your loved one is being held in prison on a detainer, it is critical to retain an experienced criminal defense attorney who can petition the court to have the detainer lifted.

Send our legal team a message online or dial (215) 610-3440 for your consultation.

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Filing a Motion to Lift a Detainer

In some cases, probation judges are willing to lift a detainer and let a defendant post bail.

To initiate the process, the defendant must file a motion describing a number of important details, including:

The defendant’s probation history;
The severity of the new allegations being made against the defendant; and
Why the defendant should be permitted to make bail and fight the charges while out of custody.
Although judges are often reluctant to lift a detainer, they may be convinced to allow a probationer to make bail if the defendant can demonstrate that he or she:
Is employed;
Is supporting a family;
Has a clean probation record;
Is attending a drug/alcohol or other treatment program;
Has serious health issues; and
Has significant support from the community.

Whether a motion to lift a detainer is successful depends on the specific facts of the case, including the nature of the defendant’s charges as well as their background. If the judge finds the motion compelling, he or she has the discretion to order a hearing on the issue. Alternatively, a judge may lift the detainer without a hearing or choose to deny the motion entirely without giving the defendant an opportunity to plead their case. In the event that a judge orders a hearing, the court clerk will schedule one as soon as possible. In most cases, hearings will be held within a few weeks of the motion’s approval, although this largely depends on the court’s schedule and the judge’s preference.

If a judge decides not to lift a detainer, the defendant will be required to stay in custody until:

The new charges are resolved, through trial, a plea deal, or dismissal; or
The defendant serves the maximum sentence on the probation case.

Although denials are usually permanent, in some cases, when a defendant’s circumstances significantly change in some way during the course of the case, the judge may reconsider the initial denial. For instance, if a defendant’s felony charge is reduced to a misdemeanor, the judge may decide to approve a release.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen

From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.

Frequently Asked Questions About Probation Detainers in Philadelphia, PA

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

A probation detainer is an order issued at the request of a probation officer that blocks a defendant on probation from being released on bail after a new arrest. It effectively overrides any bail that might otherwise apply. The detainer keeps the individual in custody until a judge decides whether to lift it, because the court views the probationer as someone who may have violated earlier conditions of supervision.
Yes. A detainer can be lifted, but only at the discretion of the judge. Your attorney must file a motion explaining why release is appropriate. Factors such as steady employment, supporting a family, a clean probation history, active participation in treatment programs, significant community support, and medical concerns can increase the chances of release.
If the judge agrees to consider the motion, they may schedule a hearing. At the hearing, your attorney will present evidence and arguments showing why you should be allowed to post bail. The prosecution may argue to keep the detainer in place. The judge then decides whether to lift the detainer, leave it in place, or modify conditions. Hearings are typically scheduled within a few weeks, depending on the court’s calendar.
If the detainer is not lifted, the defendant must remain in custody until the new charges are resolved through trial, dismissal, or a plea, or until the maximum sentence on the probation case is served. Although denials are generally final, a judge may reconsider if there is a significant change in circumstances, such as a reduction of the new charge from a felony to a misdemeanor.

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