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Probation Detainer Lawyers in Philadelphia

If Your Loved One Is on a Probation Detainer, Retain an Experienced Pennsylvania Attorney

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) 486-0123 for your consultation.

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.

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Choosing the Right Firm Can Make All the Difference

  • Unrivaled Record of SuccessWe have won tens of millions of dollars for injured victims, and have achieved countless "not guilty" verdicts for clients faced with criminal charges.
  • No Challenge too BigOur firm has handled some of the biggest cases in country, including representing the President of the United States.
  • Personalized RepresentationWe understand that every case is unique. Therefore, we tailor our approach based on the facts of the case and the needs of our client.
  • Uncompromising PassionOur competitive nature is one of our strongest qualities. You can be confident that no other firm will outwork our team.
  • Holistic ApproachNot only do we want to excel legally for the client, but we also want to make sure we are strengthening their mind, body and spirt.
  • Supporting the CommunityOur team engages in many community events and regularly donates time and resources to many charitable organizations in Philadelphia.

Talk to Our Experienced Team

Home to Philadelphia’s most accomplished attorneys, van der Veen, Hartshorn, Levin & Lindheim pairs diverse practice experience with a passion-driven, comprehensive law practice—all for the client’s benefit.

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