Tuesday, March 25, 2008

Getting my detainer lifted

How hard is it to get a detainer lifted?

The actual process of getting a detainer lifted is not all that difficult. However, convincing a judge to actually lift a detainer is a completely different subject. For example, an attorney can file a motion for a hearing with the prothonotary in the appropriate county and ask for a date before the judge. That is very easy to do.
On the day of the listing, the lawyer will appear along with the defendant, a lawyer from the DAs office, the probation officer and the judge. The defense attorney then must convince the judge as to why the detainer should get lifted. Some judges are very very difficult about detainers. The real issue becomes whether there have been any issues with the probationer while they were on probation and what are the circumstances of the new arrest.

By Brian J. Zeiger

3 comments:

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  2. Is it hard to get a detainer lifted? Long story short..a person get arrested/charged for something they didn't do and has a detainer placed on them due to VOP. This person has no idea as to what and why he was arrested, even his lawyer says so when he intervied him. He has his VOP hearing in about 2 weeks, has good recommendations from his boss and PO. How likely is he to get his detainer lifted? Oh, and his preliminary hearing was postpone to nov. This question is really important to me and I want to know if I should keep my hopes up or give up totally in believeing that there's at least some justice here...

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  3. Several factors come in to play in regard to getting the detainer lifted. The number one most important factor to me is the Judge who put the detainer on the defendant. There are some judges that simply don't lift detainers unless there is some kind of unique situation.

    The second factor is a combination of totality of the probationer, ie how many arrests, convictions, reporting, the po, dirty urine, and charges of the new arrest.

    Feel free to email me at brian@hlzlaw.com for a more in depth discussion with your phone number.

    Please do not post the name of any judges on the blog. Thank you.

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