I was on probation and I got locked up for a new case. My back judge put a detainer on me. I was told by my lawyer that the judge won't lift the detainer until she learns the outcome of the front case. I decided to fight the front case. I went to trial this week and I was found not guilty. I am still locked up because the detainer from the back judge is still in place. Why do I still have a detainer?
The back judge has to list a Gagnon II, also known as a violation of probation hearing or VOP, every 30 days to keep the detainer in place. If the you have been locked up on a detainer since the time of your arrest on the front/new case then your VOP has been listed every thirty days whether you know it or not. That means that you have a court date for your VOP within the next thirty days, probably less.
At that hearing, the judge can only violate you for technical violations, not for a direct because you were found not guilty. Techs are things like not reporting and dirty urines, etc. The amount of punishment is usually far less for technicals compared to a direct.
If the judge does not see you within thirty days of the date of the previous VOP hearing and you have nothing else holding you, you can get your detainer certified and the prison must let you out.
Labels: detainer, gagnon, violation of probation, VOP